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Rhode Island Questions & Answers
1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Rhode Island on
Q: How to challenge House seat cap for proportional representation?

I am an individual considering a legal challenge to the Permanent Apportionment Act of 1929, which caps the House of Representatives at 435 seats, on the grounds it conflicts with Article I, Section 2 of the U.S. Constitution. This section originally set representation at a ratio of 1 per 30,000... View More

James L. Arrasmith
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answered on Mar 23, 2025

Filing a constitutional challenge to the Permanent Apportionment Act of 1929 requires establishing standing, which means showing you've suffered a concrete, particularized injury from the current apportionment system. You might argue your vote is diluted compared to voters in less populous... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Rhode Island on
Q: Legality of tasers in Rhode Island in 2025

I'm seeking clarification on the current laws regarding the legality of owning or carrying tasers in Rhode Island as of 2025, especially in light of the 2022 federal court ruling. Are there any restrictions or conditions I should be aware of?

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answered on Mar 24, 2025

Despite a 2022 federal court ruling that found Rhode Island's ban on stun guns unconstitutional, Rhode Island appears to remain the only state where taser purchase, possession, and use are still technically illegal as of 2025. The state had been appealing the federal judge's ruling,... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: Is the executive of an estate required to fix property issues under an informal lease?

I have been living on a property under an informal lease for over 70 years. Recently, the executive of the estate—named about a year ago—has not addressed significant repair issues, such as there being no floor in the kitchen and bathroom, just holes covered by plywood. We have asked the... View More

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answered on Mar 18, 2025

It doesn't look good, sorry. While executor of the probate estate that holds the real estate does have an obligation to keep the premises up to minimum housing standards, and maybe these holes and plywood do or don't comply with the housing code, your big problem is that you have no... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: Should I submit a parental agreement with a motion for temporary visitation?

I have been visiting my child consistently every weekend (Friday through Tuesday) for over a year. This arrangement was informally agreed upon as the child’s mother and I co-parented without any legal order in place. Since I started dating a new girlfriend, the child's mother has stopped... View More

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answered on Feb 21, 2025

Yes, go ahead and file a parental agreement as part of your motion. It is better to be clear, concise and direct.

1 Answer | Asked in Child Custody and Arbitration / Mediation Law for Rhode Island on
Q: Is it too late to file a motion for temporary visitation in Rhode Island?

I had an informal visitation agreement where I spent time with my daughter every Friday through Tuesday for over a year until January 20th. My ex stopped my visitations after I got a new girlfriend, fearing I would introduce our daughter to her, even though there is no safety threat. There are no... View More

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answered on Feb 21, 2025

It's not too late. You can write up the motion, state on it that this motion will be heard on March 14, 2025 at which time this matter is already on the calendar, include at the back of the motion a Certificate of Service stating that you served this motion upon your ex by U.S. Mail on such... View More

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: I have shared custody of my daughter with 2 overnights weekly. Can the primary placement parent dictate where?

She won't let me have my daughter where I live. She's given me no reason

Albin Moser
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answered on Feb 11, 2025

No, she cannot dictate where. You would need to proceed in court in order to compel her to cooperate with the present court order. The court will order her to comply unless there is a big problem with where you live or who you live with.

1 Answer | Asked in Health Care Law for Rhode Island on
Q: Would I get penalized for not having health insurance for 2 months in Rhode Island due to affordability problems?

I will not have health insurance in between 1/31/25 and 4/15/25. I can't afford my previous employer's COBRA or the $235 premium that the state insurance program offered me.

Albin Moser
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answered on Feb 5, 2025

The State of Rhode Island might try to penalize you, yes, but you might be able to show that you are exempt from the penalty. To do that, you could apply for a hardship exemption through the state website. I suggest that you look up on Google, "Application for an Exemption from the Rhode... View More

1 Answer | Asked in Immigration Law for Rhode Island on
Q: Hi so I moved to the US at nine where I obtained citizenship through my father I also obtained a greencard but never

Got a citizenship certificate I am now now 21 years old and wants to proof my citizenship but my dad refused to give me his documents to prove my status ,should I file for n-600 or n-400

James L. Arrasmith
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answered on Jan 30, 2025

Since you were born outside the US but acquired citizenship through your father, the N-600 application would be the right option. This form is used to apply for a Certificate of Citizenship, which confirms that you are a US citizen. You are eligible for this if you were under 18 when your father... View More

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: I live with my boyfriend can I just take my daughter and leave he says I can't leave permanently with her
Albin Moser
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answered on Feb 5, 2025

Yes, you can take your daughter and leave. The police will not stop you. The police will say that custody is a civil matter that must be resolved in Family Court. You can file a case in Family Court to get a determination of paternity, custody, child support and parenting time. The court's... View More

1 Answer | Asked in Immigration Law for Rhode Island on
Q: Is my brother's wife getting deported Jan 20th?

Hi, so my brother and his wife got married September of last year. She is technically illegal. My brother had fallen behind on doing his taxes for the past three years after our mom had died. So now they're trying to hurry with getting her green card paper work since Trump won office and... View More

James L. Arrasmith
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answered on Jan 15, 2025

I understand how worried and scared you and your family must be during this uncertain time. Immigration situations are incredibly stressful, especially when they involve loved ones.

Your sister-in-law won't be automatically deported on January 20th - deportation processes don't...
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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Rhode Island on
Q: person says undetectable. For hiv and transmitted hiv to me in rhode island Is this a criminal act

I was told he was undetectable and found days later it was not taking any medication nor took it for the last 3 months and find out I'm positive because of this person

James L. Arrasmith
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answered on Jan 6, 2025

I'm really sorry you're going through this. In Rhode Island, knowingly transmitting HIV to someone without informing them can be considered a criminal offense. If the person you were with was not actually undetectable and did not disclose their HIV status, they may have violated state... View More

1 Answer | Asked in Immigration Law for Rhode Island on
Q: I filed for green card in 2018 and vawa in 2020. I was approved last in 2023 but no green card. What can I do?
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answered on Dec 20, 2024

Having multiple immigration applications can make the process more complex, but there are steps you can take to move your case forward.

You should first contact USCIS directly through their website or phone line to inquire about your case status. Since your VAWA petition was approved in...
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2 Answers | Asked in Contracts, Criminal Law, Family Law and Social Security for Rhode Island on
Q: Is it illegal if a parent 'legally' robbed their child of their inheritance left in a will by her father before death?

I've stumbled upon a case where my Grandmother was left her father's "Entire Estate." However, due to the court's findings, they denied her her right to any inheritance due to her being an "illegitimate child" born out of wedlock. Is it possible that she was... View More

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answered on Dec 4, 2024

Those of us born out of wedlock can inherit pursuant to R.I. Gen. Laws § 33-1-8, a Rhode Island law that was first enacted in 1905. That 1905 law was probably enacted prior to the time of your great-grandfather's death, and would have prevented a finding that your grandmother could not... View More

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3 Answers | Asked in Immigration Law for Rhode Island on
Q: How do I prevent my naturalized citizen daughter in law from being deported by Trump?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

Generally, a naturalized US citizen can no longer be deported

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1 Answer | Asked in Trademark for Rhode Island on
Q: I filed for a trademark using a personal address, is there anything I can do to have this hidden in public records?

I do not have a physical location for my business, so I used a personal address. I am a bit controversial online, and this information being public could be risky for me. Thank you for answering.

James L. Arrasmith
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answered on Oct 18, 2024

Using a registered agent service can help keep your personal address private in public records. These services provide a business address that can be listed instead of your home address, ensuring your personal information remains confidential.

You might also consider updating your trademark...
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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Rhode Island on
Q: I want to file for divorce in state of RI. What are my first steps. Doesn’t look like it will be an amicable divorce.

He is a narcissist

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answered on Oct 30, 2024

There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.

Q: How does the law apply to commercial record requests, if used as part of a broad market research & Data analysis?

Can info gained from Public Record Requests be used in broad data gathering research to later be used for commercial purposes, if it is not disadvantageous, OR is advantageous to the organization providing the data? Would it make a difference if the organization knowingly provided the data?

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

It could depend on the fine print of privacy notices and "how we use your information" clauses that the individual was originally presented with. Some info is still off-limits, such as those records falling under the protection of HIPAA. Good luck

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1 Answer | Asked in Tax Law for Rhode Island on
Q: An online platform, Vinted, is charging sales tax on clothes to a clothing tax exempt state-Rhode Island.

I’ve contacted support numerous times, but they did not care. This was maybe a couple of years ago. I just stopped shopping with them. Now, I just checked again, and they are still charging sales tax on clothes. Can they be stopped? It’s just ridiculous that they blatantly do not care; and who... View More

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answered on Oct 4, 2024

I'm sorry to hear about the frustration you're experiencing with Vinted. Since Rhode Island exempts clothing from sales tax, it's important to ensure that your account settings reflect this status. Double-check your tax exemption status in your Vinted account settings to make sure... View More

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: I thought roe vs. wade was about the 14th amendment and the right to privacy. How can the government take that away?

If the 14th amendment is a constitutional “right” how can the Supreme Court say that a woman forfeited that right of privacy. Is the 14 amendment a right or privilege? My understanding was that Roe v. Wade suggests that the right to privacy when it is related to medical info about an... View More

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answered on Oct 2, 2024

You’re right that Roe v. Wade was initially grounded in the right to privacy under the 14th Amendment. This decision recognized that individuals have certain personal freedoms, especially concerning medical decisions like pregnancy. The 14th Amendment primarily protects rights, ensuring equal... View More

1 Answer | Asked in Family Law and Probate for Rhode Island on
Q: Why would an estate be divided between 1 living and 3 deceased siblings?

Uncle dies, never married, no children, had 4 sisters with children. One sibling, my mother, is the only living next of kin (91yrs) but the 3 sisters, that are deceased, have some living children- being my uncle's nieces and nephews. His lawyer is going to divide his estate by the 4... View More

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answered on Sep 25, 2024

Unfortunately no, it would not all go to the living sibling. The division of the estate between the living sibling and the descendants of the three deceased siblings is the correct distribution under Rhode Island law. As for the amount of money in the estate and how much is left, you can find out... View More

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