Questions Answered by Neville Bedford
Q: How do I challenge a DPOA & amended trust that my sibling coerced my mom into signing?
Mom had original trust done in 2000 with assets being split 50/50 between sibling & myself. In 2016 I had falling out with sibling & in 2017 he took my mom to a lawyer to amend her trust giving him 100% & DPOA with unlimited powers. She was 95 at the time & had started with dementia a few years... Read more »
I don't see this as an employment law question. If you cannot afford to enlist private legal assistance, you may wish to investigate other resources that might include law enforcement if you suspect there is elder abuse being committed.
Q: In RI what does 48a dismissal filed mean?
It means the case is dismissed pursuant to rule 48(a) of the RI Rules of Criminal Procedure. The prosecutor has exercised their discretion to dismiss the case. If it was a 48(b) that would mean that the judge had dismissed the case. For a comprehensive review of all of our criminal court rules,... Read more »
Q: The court placed a restraining order against my boyfriend and I because we're 17 and 34 but he has committed no crime
It is unclear whether this a question. Consult with an advocate or attorney privately to discern your options, rights, and obligations, if any.
Q: can my child support be decreased if I had 2 more children and moved in with my present day girlfriend?
Yes, especially if your income has also declined. With all those responsibilities, it may be difficult for you to hire an attorney to assist you to press your case. Cal the RI bar association to get on the referral list.
Q: My girlfriend bought a dog with her check... I paY for shots..tk 2 vet The dog has my last name. I do all. Who owns?
Oh I do all walks,,feed...dog loves me.. Now she threatens to leave to California take the dog.. Who owns the dog? My last name, all vet all care but sge bought it
Pets are considered property. Even though the dog has your last name, she is most likely the owner. However, having contributed to the dog's care, you may have a right to reimbursement unless it is construed to be a gift. If you had written an agreement regarding these payments, that would be most... Read more »
Q: Recieved 2nd ticket within 12 months time.
I am not able to pay this ticket and have to go to court. What are my punishments? Will my license be suspened?
The punishment and or fines will be directly related to the infractions you have been charged with. As you have not disclosed what the citation was issued for, it is nary impossible to discern what penalties you may be facing.
Q: Can a officer place me under arrest because my friend is recording them?
Just recording them ? Probably not. BUT, even if they do arrest them, they do not have any right to resist. SO, a judge would have to decide if the arrest was "good" or not. The Police will need to be very careful because they MAY be civilly liable for an illegal arrest, if that is what the judge... Read more »
Q: Hi good morning am I able to get some traffic tickets that are 20 years old reduce in order to get my license back.
I had about 15 years without making payments just this year I made a few payments. Thank you for your time and answer
Not seeing the tickets, dates, amounts, or any other details, it is nary impossible to evaluate. If you can afford to hire an attorney to assist you, that may make the process go more smoothly.
Q: My former spouse put a document under seal in our divorce. What criteria does the court use to decide to unseal it?
In Rhode Island
Speak with your attorney to evaluate what it is you seek to discover, prove, or reveal with the unsealing of a court record. If you don't have an attorney, find one. FOR EXAMPLE, Under what conditions might you like a judge to order your documents unsealed. If they were sworn financial statements... Read more »
Q: My ex was emotionally abusive. I am being treated for PTSD, Depression and Anxiety. Can I sue for emotional damage?
It is 12 years later, he threatened me into selling my own house to get the equity, he broke into my house and yelled at me to sell it. He has alienated my three children from me, I sold the house, he didn't like the amount I was getting, he filed a restraining order against the sale. I couldn't... Read more »
If you are experiencing these threats currently, call the police, or seek a protective order.
Q: I currently have joint custody with a court order on a set schedule. He refuses to return my son today.
Is there anything that can be done? This is the second time he’s done this.
Contact your lawyer and have them file the appropriate motion to get this in front of a judge to hold him in contempt of the court's order.
Q: In RI, who should get back a deposit on an apartment lease when you are divorcing? I paid the deposit originally
My ex lied to my landlord and told them that I gave him the deposit to move it to his next lease starting August 1st. Since I paid the original deposit and he is starting a new lease, shouldn’t I be the one that receives it back?
If your ex is lying to your landlord, there is a good chance they may also be lying to you. If you have the same landlord and you are now trying to convince them to return your deposit, this may have to be resolved in court if the landlord refuses to return your deposit. I suspect there are... Read more »
Q: There is a court date when you file for a divorce but then you need to wait 90 days which date is legal divorce date RI
The time to enter the final Judgment begins three months and one day after a hearing in a case where the grounds are irreconcilable differences that have led to the irremediable breakdown of the marriage. The effective date is the date on which the judge signs it. At that point the parties are... Read more »
Q: What are my rights as a dog owner against false complaints?
When I let my dog out at night 10:30-midnight and he barks my neighbors complain (two of them - who have "ganged" up on me). (One neighbor says he wakes up her son and he can't go back to sleep.) My dog may only bark for a few seconds before I bring him in. (I stand in the doorway to watch him do... Read more »
If upon affirmation in writing, signed by a resident of this town, and after investigation by the animal control officer or a police officer, that officer has cause to believe that an animal, whether licensed or not, is a habitual nuisance by reason of trespassing, howling, barking or making other... Read more »
Q: Any laws about dogs barking non-stop when owners aren't home but leave windows open so very loud for hours at a time
Check your local municipal code for your specific town. The ordinance are generally available online.
Q: Do you guys have a pro Bono divorce service if not do you know of any in the Narragansett or Wakefield county area?
Contact Volunteer Lawyer Program Coordinator, John Ellis at (401) 421-7758 or jellis@ribar.com to see if you qualify for Pro Bono representation.
Q: What can a person do if they believe their case was lost due to judge and plaintiff having friendship prior to the case
Custodial loses placement after non-custodial makes false allegations which are proven unfounded by dcyf custodial fights case for a year judge does not listen to evidence judge does not allow for a hearing judge continues case constantly for over a year information has come forward that plaintiff... Read more »
Talk to your attorney if you are want to take an appeal from the judge's decision. If your attorney is not willing to represent you for the appeal, consult with another attorney soonest. There is a limited time to file an appeal.
Q: Is "Newport Wellness" registrable as a service mark? geographically descriptive + generic term for the services.
I don't think it is, but I'm looking for other opinions.
Per USPTO, Generic words cannot qualify as “marks” in the legal sense and are never registrable or enforceable against third parties. Because generic words are the common, everyday name for goods and services and everyone has the... Read more »
Speak with a trademark attorney. They will explain the impact of the disclaimer to the plain words, the limitation, of the category of trade for which one might register, and other options you may consider to give you more than "thin protection" . They will also explain the national/federal... Read more »
Q: Can a family court in rhode island take away my phone when I'm 13 under the orders of a judge?
Truancy
They are more likely to prohibit you from using it. Speak with your court attorney to have them press your best arguments against such an order.
Q: Charged w/ 2nd off. driving while suspended but I never have been cited or charged w/ a 1st offense..what should I do?
I was cited for driving on a suspended license - 2nd offense after another driver side swiped me. I wasn’t aware my license was suspended, the accident occurred in June 2018 and RI says they suspended it back in April 2016 stemming from a FTA for a traffic ticket. I understand the suspension but... Read more »
Hire an attorney to muster your best defense and force the prosecution to produce their evidence.
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