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Rhode Island Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I was arrested for taking my wife's phone when she threatened to call the police. They asked me in my home if I took her

Phone and I said yes. They put me in handcuffs and took me to the station without ever reading me my rights. Is my statement I made in my house admissible in court?

Thomas Briody
Thomas Briody
answered on Jul 24, 2022

The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I have a no contact order against me by my wife. If I change my FB profile picture to us and two kids is it a violation?
Thomas Briody
Thomas Briody
answered on Jul 23, 2022

This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.

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1 Answer | Asked in Divorce for Rhode Island on
Q: If I where to get a legal separation, does that absolve one from the cc debt of the other? Or is that a divorce thing?
Neville Bedford
Neville Bedford
answered on Jul 12, 2022

Division of assets, debts, and allocation of marital property are addressed in either a Bed and Board Divorce(Separation) or a "full" Divorce. Meet with your qualified local practitioner to review your options in confidence.

1 Answer | Asked in Personal Injury for Rhode Island on
Q: Do my home’s front stairs require a railing? Home built in 1890’s, current railing is wood and rickety; want it removed

Neighbor said it’s a personal injury liability to have no railing. I believe we may be ok because of how old the house is.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2022

A Rhode Island attorney could advise best, but your question remains open for two weeks. No railing might be better than a rickety railing that presents a false sense of security, but your neighbor raises a valid point - not having a railing where one is required or recommended could also create... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: a lawyer said in the state of Rhode Island U can’t determine how much money U want when suing the police, true or false?
Albin Moser
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answered on Jun 9, 2022

Yes, it is true that in Rhode Island the plaintiff's initial complaint that is filed in court should not request a specific dollar amount for personal injuries. But, the plaintiff can ask the defendant or the insurance company for a specific dollar amount in out of court settlement... View More

1 Answer | Asked in Family Law for Rhode Island on
Q: Is it possible to get a prenup, to keep only a fraction of a house as personal property?

My parents are selling me a $450,000 house for $250,000. And they want to make sure the value they gift me stays in my name. I do not believe it would be fair to retain the whole house as personal property as I would be bringing $250,000 of debt into the marriage.

Albin Moser
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answered on Jun 8, 2022

Yes, you and your future spouse can get a prenup that says that the gifted portion of the real estate equity shall be allocated to you in the event of divorce. A prenup can allocate your property in any way that the two of you agree upon, within reason.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I live in Providence RI, my landlord is demanding a key to my storage room and garage do I have to give it to her by law

We keep the areas clean, there is nothing she would need access to for any other unit in either area, the lease doesn't state anything about it, we store our eBay store items that we sell in the areas and don't want anyone to have access to these items

Albin Moser
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answered on Jun 8, 2022

Yes, you have to give the landlord a key to the storage room and garage that you are renting from the landlord. Your landlord has a right of access to all areas of the landlord's property that you are renting, and can enter any area on reasonable notice to you.

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: Can I get charged for a felony by helping a detective retrieve a stolen firearm
Thomas Briody
Thomas Briody
answered on May 18, 2022

Depends on the circumstances in which you “helped.” It’s not automatic, but gun offenses are treated harshly in Rhode Island. You need to speak directly and privately with an attorney.

1 Answer | Asked in Contracts for Rhode Island on
Q: Contract law question. Counterparts were signed but were not identical. Multiple differences. Is the contract valid?

No pages were initialed. Its actually an agreement and not a contract, though still not identical. One person used an initially proposed agreement and not the one that was finally settled on.

Andrew Bilodeau
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answered on Apr 26, 2022

Unfortunately, the answer you likely didn't want to hear is, it depends. Was each page of the entire contract initialed? Are the different provisions substantive provisions?

1 Answer | Asked in Divorce for Rhode Island on
Q: I am going through a divorce. Can I send a message to my attorney, opposing counsel, and my spouse on the same email?
Neville Bedford
Neville Bedford
answered on Apr 19, 2022

Start with your attorney. Go from there with their advice and counsel.

1 Answer | Asked in Car Accidents for Rhode Island on
Q: Is this worth getting a lawyer for?

I was at a gas pump and when I picked up the nozzle gas started spraying all over my car because there was a hole in the hose. There was no damage but the fire department came and I had to get my car cleaned because it smelled so badly of gas.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2022

A Rhode Island attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the gas fumes. In terms of your question whether it's worth getting a lawyer for, it doesn't look like the type of case that a law firm would handle on a... View More

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Rhode Island on
Q: How do you stop a visit with child when there is a sexual abuse investigation open by dcyf on the other parent ?

my son was inpatient at a psychiatric hospital for trying g to commit suicide.he told the drs he is being sexually abused by his biological father. There is no a pending investigation open with dcyf due to this information. The biological father will be here in a few days to pick him up. How can I... View More

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

To make DCYF aware of the situation call 1800RICHILD. It is rather peculiar that the mandated reporters at the hospital did not make this report. Perhaps they did not have this information.

1 Answer | Asked in Libel & Slander for Rhode Island on
Q: Can I sue my college professor for defamation?

I am a graduate student and he is the department chair. There was an incident in a class with undergraduates between them and the professor where I was the TA. I spoke to him asking why he didn’t come speak to me before accusing the professor, my advisor, of basically a criminal act. I told... View More

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

Before escalating the matter to litigation, check to see if the school has an ombudsman who may help address the conflict.

1 Answer | Asked in Child Support and Family Law for Rhode Island on
Q: Can I bring the ex party back to court for child support?

Ex party has minor child 2 more nights a week. I have the minor child more waking hours (I'm spending more money on food, entertainment, etc) how is ex entitled to child support if I have child more?

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

Ex Party being your co-parenting partner with whom you cannot come to an arrangement focused on the best interest of the child? Meet with your attorney to go over all the details to see if this "changed circumstance" supports a revision of your previously ordered support obligations.

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: My ex-husband and I bought a house together before we divorce. I believe the court awarded me the house.

I never file a quitclaim and have him sign it. What should I do?

Neville Bedford
Neville Bedford
answered on Mar 28, 2022

Consult with your attorney to review the status of your case, and explore your options to complete the transfer of your house.

1 Answer | Asked in Elder Law for Rhode Island on
Q: Can a joint owner of a bank account be the financial Power of Attorney of the other joint owner?

I'm a joint owner listed on my dad's bank account. He is elderly and needs a financial power of attorney. Can I be his financial power of attorney while listed as a joint owner on the bank account?

R.J. Connelly III
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R.J. Connelly III
answered on Mar 26, 2022

Yes as to his interest in the account but should not have to as both co-owners should have equal access to 100% of the value

1 Answer | Asked in Car Accidents for Rhode Island on
Q: Do you really have to prove a driver is uninsured in a hit and run accidents in RI? My car was hit. The driver ran.

There were no witnesses. The cop said hit and run and uninsured motorist on report. But the insurance company said I must prove the unknown person had no insurance!

Is that true in RI?

Albin Moser
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answered on Mar 22, 2022

No, that isn't true. Your uninsured motorist coverage under your motor vehicle insurance policy covers a hit and run as an uninsured motorist claim. You do not have to prove that the unknown person had no insurance.

1 Answer | Asked in Elder Law for Rhode Island on
Q: Are there any situations when a home in an irrevocable trust doesn't get a step up in basis when the grantor dies?

CPA is telling me I have to pay capital gains on the sale of my deceased mother's home because the irrevocable trust was set up as a Medicaid protection,

R.J. Connelly III
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R.J. Connelly III
answered on Mar 5, 2022

yes there are many situations where a home held as corpus of an irrevocable trust will not receive a stepped up basis.

1 Answer | Asked in Probate for Rhode Island on
Q: My mom passed away on 2-23-2022. How can I obtain a copy of her Will.

My mom recently passed away. She did have a Will. My step father is refusing to share her Will with her children. I know there's certain things that belonged to my mom that she inherited from my grandmother that was to be passed along to me when my mom passed. My step father denied me seeing... View More

Albin Moser
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answered on Mar 5, 2022

You can petition in the probate court of the city or town where your mother lived, and demand the production of the will. Your stepfather would be court-ordered to produce it.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Rhode Island on
Q: i was wondering if a non violent felon can own a non-lethal weapon in the state of rhode island? the felony charges were

15 years ago.

Thomas Briody
Thomas Briody
answered on Mar 2, 2022

Felons cannot possess a firearm. I am not sure what you mean by ‘non lethal.’ A baseball bat can be lethal, but there is no law against possessing one. Knives are also lethal, but you can possess one in most circumstances. Maybe you should consult a lawyer in private, and be more specific... View More

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