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Rhode Island Constitutional Law Questions & Answers
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
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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 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
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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 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

James L. Arrasmith
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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 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
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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 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 Constitutional Law for Rhode Island on
Q: My five year old daughter was expelled from town soccer because we refused to wear a mask

we were outside away from other people

Neville Bedford
Neville Bedford
answered on Sep 28, 2020

Work with your attorney to evaluate, review all the evidence, and the facts and circumstances, to advise you of your rights, and possible remedies surrounding your 5 year old daughter's expulsion, in response to your refusal to comply with mask wearing rules.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Rhode Island on
Q: What US Statutes would I cite for 14th Amendment Due Process Violations, & which do I cite for Tort Claims - negligence

Filling out the Federal Civil Cover sheet on my own. It says to cite US Statutes for my claims. I am suing for violation of Due Process under 14th Amendment. My dog was taken and killed. I know 1983 for violation of rights but I also need to cite the 14th amendment clause for deprivation of... View More

Gary Kollin
Gary Kollin
answered on Sep 2, 2019

I would suggest you re evaluate your decision to go pro se.

From your question it appears you do not have a total grasp on the fundamentals.

to

There is no statute for negligence and malicious prosecution. They are torts of common law.

When you sue for a violation...
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1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Rhode Island on
Q: What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?

Defendant was arrested as the principal, (the one who assaulted the victim with the weapon:shod foot). No conspiracy charge or codefendants. Can the judge issue an aiding and abetting jury instruction at trial?

Thomas Briody
Thomas Briody
answered on Dec 24, 2018

Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.

1 Answer | Asked in Constitutional Law and Federal Crimes for Rhode Island on
Q: What is the phone number for the Civil Liberties Union in Ohio? Its for a police assault and battery inccident.

A woman has had her nose broken by a police officer while in custody the officer took her off route to the police dept the broke her nose, over a a traffic citation...then taken to the police dept and strip seached being put on parade in front of several police officers at the police station...

Gary Kollin
Gary Kollin
answered on Jul 26, 2018

I know you might find this amazing, but I googled

american civil liberty union ohio which yielded

https://www.acluohio.org

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Child Support for Rhode Island on
Q: We are currently unable to pay the full amount of rent. However, the house is poorly maintained. What can be done?

We only have one source of income (being approximately $600 a month) currently and are behind by two months rent. However, we have lived at this house for close to 8 years and have had many problems. From the kitchen, the paint on the ceiling is peeling off, the oven does not work, and the faucet... View More

Neville Bedford
Neville Bedford
answered on Jun 11, 2018

It may be time to look for: 1) a new, different, and better maintained residence/apartment and/ or 2) a second source of income and/or 3) an attorney to help you defend against a likely eviction case should your landlord decide to take you to court. Contact your local CAP agency for help with #1... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Rhode Island on
Q: Can police still issue citation after over a month of not contacting us about incident?

My wife was involved in car accident with no other motor vehicles and did not have proof of insurance at the time of incident and was never cited now after over a month they are trying to fine her is this possible by law?

Bernard P. Healy
Bernard P. Healy
answered on Mar 3, 2018

I do not have sufficient information to answer this question fully or accurately. I think the answer is not one you will want hear. The Police can issue a citation after over a month, despite not contacting you earlier. You mentioned that this was a single car collision. Did the police arrive at... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: How can it be legal to refuse service based on one's political beliefs?

I mean, I could then as a restaurant owner refuse to serve someone simply because I don't agree with their politics? That's hard to believe if true..

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

This is a complicated question that courts are dealing with right now. The law is unsettled. Equal Protection v. Freedom of Expression pits the First and Fourteenth Amendments against each other.

1 Answer | Asked in Constitutional Law, Criminal Law, Family Law and Child Custody for Rhode Island on
Q: My sons mother assaulted me. I went to the police ,they issued a warrant for her arrest, she took my son. What can I do
Neville Bedford
Neville Bedford
answered on Aug 21, 2016

This sounds like a complicated family/criminal law situation that will most likely require the professional assistance of a practicing family court attorney to address. Contact and meet with one soonest for a private consultation.

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: Constitutional Law versus congressional legislation

How can our rights contained in the Bill Of Rights be destroyed by recent legislation such as the so-called Patriot Act, Military Commissions Act, and the 2011 NDA Act? How is this possible? What validity does this legislation have?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

It is more of a suspension than a destruction, but it depends upon the facts in individual cases and these matters can be discussed for hours on end, nearly without end. Stay tuned in to current events regarding this big topic.

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: Do I need a doctor note to get out of jury duty for medical reasons
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

That might help.

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: Is having a bake sale at the voting location (a Middle School) considered "hindering" the election process ???

We've been told we cannot have a PTA-sponsored bake sale because it would hinder people from voting, sounds silly, what think ?

Neville Bedford
Neville Bedford
answered on Nov 30, 2014

If it is on election day - in the same caf-a-gym-atorium where people vote, then yes, it may interfere with the electoral process.

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