Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Rhode Island Questions & Answers
1 Answer | Asked in Health Care Law and Civil Rights for Rhode Island on
Q: can RI hospital psych ward hold a patient who called SuicideHotline on themself After patient request leave after 3 days

Patient had a minor past suicide attempt over 2 years ago and seeked help. Since has made Major improvement and no issues since. Patient called suicide hotline due to depression and anxiety, and is now being held for 3 days and wishes to leave to seek therapy and feels they do not need inpatient... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In Rhode Island, mental health facilities have the authority to hold a patient for evaluation and treatment if they believe the patient poses a risk to themselves or others due to a mental health condition. This can occur even if the patient voluntarily sought help initially.

If a patient...
View More

1 Answer | Asked in Legal Malpractice for Rhode Island on
Q: What type of lawyer handles malpractice suits against law firms handling VA Disability claims?

I had retained a firm to help me handle a VA Disability claim. Over the past year, there have been constant issues and a lack of communication that resulted in my claim being denied last November and me losing any potential backpay that would have occurred had my case been won (upwards of... View More

Paul Gordon
Paul Gordon
answered on Jan 14, 2024

Any lawyer licensed to practice in the State in which you reside or the State in which your disability attorney resides. You can also hire an attorney outside of both States, if a local attorney will sponsor the outside attorney.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Rhode Island on
Q: Ground water is coming through the floor for last 3 weeks a few days after it rains heavily. Revters insurance doesn't

Renters insurance doesn't cover flooding or Ground water. although water recedes the mildew smell which may be mold has made it uninhabitable. I have not slept there since Dec 23 2023 as it took them 6 days to respond to my call I've been paying hotels out of pocket and have no means to... View More

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If their response is in compliance with the terms of the policy, it isn't necessarily "Bad Faith," one of the posted categories - it might be more of a coverage issue. If it should be a covered loss... View More

1 Answer | Asked in Education Law for Rhode Island on
Q: Can a career technical training school legally withhold your certification after program completion?

I am on a payment plan for my student loan and the school is withholding my certification until I am paid in full. I am unable to work without the certification to make the payments. Is this legal?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

The legality of a career technical training school withholding certification until payment is made depends on the terms and conditions outlined in the school's policies and agreements. Schools may have specific financial obligations, and if there is an outstanding balance, they may choose to... View More

1 Answer | Asked in Small Claims and Civil Litigation for Rhode Island on
Q: I'm asking for my elderly parents. Wondering if this worth to go further.

They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a... View More

Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem... View More

1 Answer | Asked in Family Law for Rhode Island on
Q: DCF shared very personal information to someone involved with my family outside of them and I didn't sign a release.

My child's mom signed a release to a service called In Home Therapy, I did not. Our DCF worker disclosed extremely personal information for no reason. The woman (Sarah) who works for IHT whom this information was told to, said they were not discussing me or anything to do with me and she just... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In situations where personal information is shared by a Department of Children, Families (DCF) worker without proper consent, it's important to understand your rights and the legal framework that governs such disclosures. The sharing of your personal information without your consent could... View More

1 Answer | Asked in Contracts, Products Liability, Tax Law and Car Accidents for Rhode Island on
Q: Can I own an unregistered vehicle if I don’t use the vehicle

I’m trying to buy a vehicle and I won’t be able to register it for 2 months.

Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

Yes, you can own a vehicle that is not registered yet. Until you register it you can't drive it.

2 Answers | Asked in Bankruptcy for Rhode Island on
Q: I received a 309A form stating my ex husband is filing bankruptcy, We currently owe joint Federal Income Taxes does thi

This mean he is trying to add these taxes to his bankruptcy making me liable for the entire tax debt

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

Probably not. Generally, unless the taxes are more than two years overdue, taxes are not dischargeable in bankruptcy. That means that he will remain jointly liable with you. You should review his bankruptcy schedules (they are available on Pacer.com) to see if he has listed the taxes as a priority... View More

View More Answers

1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Question around seller protections in Rhode Island after closing a home

We sold a home earlier this year and disclosed that the garage had flooded. We also said that we asked the home builder to come fix it (since the home was newly built) which he did. It never flooded again after the work he did so to us it was fixed.

We closed on the sale earlier this... View More

Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

You are protected. Caveat emptor, let the buyer beware. The risk of flooding is something that the buyer took on when the buyer bought the property. The buyer has no case against you. The buyer might have a case against the builder if there is something wrong with the construction and the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Rhode Island on
Q: Ex-wife took out a $300,000 life policy in my name, no consent, and made herself the beneficiary. Recourse? I have proof

- I have the fraudulent application filled out in her writing.

-She signed my name on the application.

-She said I was her husband on the application.

-She listed her address on the application for any correspondence.

-She listed her contact information for any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

In your situation, there are several legal actions you can consider. Firstly, identity theft and fraud are serious crimes, and you should report this incident to law enforcement. Given your ex-wife's history of impersonating you, a police report can be instrumental in documenting the pattern... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: Who do I contact to Investigate police misconduct and forgery?

I am being charged, but was never arrested, Questioned, or read any Maranda rights. And they forged my initials on the only documents I have. This started with myself calling to ask if they can have an officer stop by and do a walk through at my house. due to noises downstairs and my dog growling... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

If you believe you've experienced police misconduct and forgery, it's important to take specific steps to address the situation. Firstly, you should file a formal complaint with the police department's internal affairs division or the equivalent oversight body in your area. This... View More

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: The person who was paying me restitution died still owing me $3200. What are my rights now?

I have a Judgement of Civil Liability dated May 2023, since she didn't make all her payments in the allotted time, yet I have not been able to find her to enforce it. I have recently learned she passed away. Am I able to put a lien on her estate?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

In Rhode Island, if a debtor owing restitution passes away, the debt becomes a claim against their estate. Since you have a Judgement of Civil Liability, you have a legal basis to pursue this claim.

To enforce the judgment, you should file a claim with the executor or administrator of the...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: Denied a gun purchase told because a report filed by police town over that I said I threatened someone no charges filed

Just hear say from this person I do own a gun before this incident no witness's

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

In your situation, where a gun purchase was denied due to a police report alleging a threat, but no charges were filed, it's important to understand the basis of this denial. Gun purchase denials can be based on various factors, including reports or records that raise concerns about an... View More

1 Answer | Asked in Divorce for Rhode Island on
Q: Planning on getting a divorce. It's open enrollment should I leave my wife who can't get the insurance through work on
Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In divorce in Rhode Island, spouses usually have the option to ask for an order that they will continue on the health insurance post-divorce. if there is an additional cost then they can be ordered to pay the increase.

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: Married for 32 yrs. Husband moved out 9 years ago. He said he is moving back in. He is emotionally abusive.

Still have a 19 yr old daughter living at home. Can he legally do this? We never filed for a divorce or separation. He has been unfaithful.

Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023

Your marriage to him does not give him the right to live with you. If he is an owner of the real estate you live in then he has a right of possession of the real estate but still no right to cohabitate with you personally. If he is not an owner of the real estate then no, he can't just move... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Constitutional Law for Rhode Island on
Q: The HOA has made rule that we are not allowed any type of mass communication. to other owners without their approval

They removed all owner contact information from our website

Is that legal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

In addressing the legality of a Homeowners' Association (HOA) rule restricting mass communication among owners, it's necessary to review the governing documents of the association, such as the bylaws and covenants, conditions, and restrictions (CC&Rs), as well as state law. HOAs do... View More

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Can the executor of a family trust take everything of value from the residence not mentioned in the will.

10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .

Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023

No, the executor of the probate estate or the trustee of the family trust does not have the right to take everything not mentioned in the will, unless the intention is to hold it for distribution to the rightful heirs of the estate and beneficiaries of the family trust. The executor is the person... View More

1 Answer | Asked in Gov & Administrative Law for Rhode Island on
Q: How do I start a case against the government to prove they are openly going against the constitution
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2023

To address government actions that you believe infringe upon the constitution in Rhode Island, it's crucial to follow a structured legal process. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I was served with eviction notice due to non payment of rent for $1,100. The 1,100 listed on the eviction notice is for

Septembers rent. I was served on 10/13/23 and have court date 10/23/23. I was told if I paid the rent owed it would stop the eviction. As of October I owe additional $1,100 but the eviction notice only has Septembers rent listed and I never received a 5 day demand notice for the month of October.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

In Rhode Island, the eviction process for non-payment of rent typically starts with a 5-day demand notice. If the eviction notice you were served only lists the amount due for September, and you were not given a separate 5-day demand notice for October, then technically, the eviction proceeding is... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: If I pay the full amount of rent due prior to the eviction court date, can I still be evicted?

I received a 5 day demand notice but was unable to pay rent in that time frame. I was served with a court date for eviction due to non payment of rent. If rent is paid by the court date can I still be evicted?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

In Rhode Island, you cannot be evicted for non-payment of rent if you pay the full amount due before the eviction court date. However, you may still be evicted for other reasons, such as violating the lease agreement. If you are facing eviction, it is important to communicate with your landlord and... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.