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Rhode Island Questions & Answers

1 Answer | Asked in Immigration Law for Rhode Island on

Q: initally a naturalized citizen.felony jail. To be deported now sayin not naturalized. If i marry can he stay

He was naturalized by his father and his mother was from england he has lived here for approx 30 years. Felony jail for 14 years now to be deported immediatley. If we marry can he stay or do i have to move away with him

Hector E. Quiroga answered on Jul 9, 2019

There is no guarantee of that; it depends on the felony. He needs to speak with an immigration attorney.

1 Answer | Asked in Contracts and Real Estate Law for Rhode Island on

Q: Can a buyer back out once an offer is given and accepted on deadline date w no recourse?

The Buyer offered us full price and after inspection requested four things to be addressed (taken care of) we in return offered them to fix two of the four requests plus 2,000.00 off original price. They accepted the offer on the deadline date of July 2. Then on July 6th, we were told they were... Read more »

Bruce Alexander Minnick answered on Jul 9, 2019

The answer to your question should be set forth in the written documents; where is your real estate agent?

1 Answer | Asked in Criminal Law for Rhode Island on

Q: In RI, what are the possible punishments being faced for domestic felony assault and domestic disorderly conduct?

Thomas Briody answered on Jul 3, 2019

Domestic felony assault is punishable by up to 20 years if there is serious bodily injury. For assault that doesn’t qualify for serious bodily injury, the penalty is up to six years. Disorderly conduct is a misdemeanor, typically punishable by no more than one year in jail. There are many... Read more »

1 Answer | Asked in Tax Law for Rhode Island on

Q: in Rhode island who is responsible for taxes on homes set up in a trust?

D. Mathew Blackburn answered on Jun 24, 2019

It depends on how the trust is drafted but generally it is either the trust that pays and the Trustee is responsible for making the payment from trust funds or the Grantor (sometimes called the Settlor, this is the person/s that initially put the assets into the trust) for a Grantor retained trust.... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: My father is selling his mobile home, agreed on a price, inspection came back and told he needs to deduct $800?

My dad agreed to the $26,000 someone offered him, inspection came back with deficiencies and my dad was told he needed to deduct $800. My dad doesn't want to sell now based on the $800 deduction, but the real estate agent told him he has to sell it or he will get sued. Is this true? My dad... Read more »

Andrew Bilodeau answered on Jun 12, 2019

If the agreement was for $26,000 your father should receive the full $26,000 if he does not want to make any concessions. Generally the agreement with have a time period for the due diligence - inspections, etc. during that time if an issue is discovered, the buyer can chose to waive the deficiency... Read more »

1 Answer | Asked in Real Estate Law for Rhode Island on

Q: My husband and I are tenants in common. We have no will. What happens to his portion upon his death.

Husband dying of cancer. West Warwick town hall says I have no worries about the property. Please advise.

Andrew Bilodeau answered on Jun 2, 2019

Hello,

I’m sorry that you are going through this difficult time with your husband.

I just need to know if your husband has any children and if any of his parents are alive.

This will determine what you receive. Thank you.

Sincerely,

Andrew Bilodeau

1 Answer | Asked in Criminal Law for Rhode Island on

Q: Someone recorded without my knowledge a conversation we were having showing it to my manager can I pursue legal action?

The man recorded through secret video me and his conversation about another employee failing to perform his duties in which i used profane language and then sent it to my boss unprompted simply to hurt my chances of raise or promotion.

Thomas Briody answered on Jun 1, 2019

Rhode Island is a one party consent state. That means if one party consents to a recording, it’s legal. So the person who recorded you has not violated your rights. There may be some other behavior on his/her part that may give rise to a claim, but more information is needed.

You have...
Read more »

1 Answer | Asked in Animal / Dog Law for Rhode Island on

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 »

Neville Bedford answered on May 22, 2019

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 »

1 Answer | Asked in Animal / Dog Law for Rhode Island on

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

Neville Bedford answered on May 22, 2019

Check your local municipal code for your specific town. The ordinance are generally available online.

1 Answer | Asked in Divorce for Rhode Island on

Q: Do you guys have a pro Bono divorce service if not do you know of any in the Narragansett or Wakefield county area?

Neville Bedford answered on May 22, 2019

Contact Volunteer Lawyer Program Coordinator, John Ellis at (401) 421-7758 or jellis@ribar.com to see if you qualify for Pro Bono representation.

1 Answer | Asked in Child Custody for Rhode Island on

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 »

Neville Bedford answered on May 22, 2019

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.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Trademark for Rhode Island on

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 »

Neville Bedford answered on May 14, 2019

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 »

1 Answer | Asked in Family Law, Civil Rights, Intellectual Property and Juvenile Law for Rhode Island on

Q: Can a family court in rhode island take away my phone when I'm 13 under the orders of a judge?

Truancy

Neville Bedford answered on May 14, 2019

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.

1 Answer | Asked in Traffic Tickets for Rhode Island on

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 »

Neville Bedford answered on May 14, 2019

Hire an attorney to muster your best defense and force the prosecution to produce their evidence.

1 Answer | Asked in Criminal Law for Rhode Island on

Q: What can I do if a search & seizure warrant was returned 22 days after it was executed? In RI should be returned in 14.

Neville Bedford answered on May 14, 2019

Your attorney should be able to explain the impact of this http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-5/12-5-3.HTM

1 Answer | Asked in Civil Litigation and Real Estate Law for Rhode Island on

Q: Bought home with big fenced yard for dogs, 5 minutes after closing found out 1/3 of the yard belongs to neighbor. Help.

Last Monday we bought a house in Rhode Island with a big fenced in yard for our dogs. As we were at the closing at the lawyers, the seller of the house told the next door neighbor that a portion (about 1/3) of our soon to be property actually belonged to her and was not part of his property at... Read more »

Andrew Bilodeau answered on May 7, 2019

Hello,

There are many components to this That need to be examined before I would be able to give you a correct answer. If during the transaction you purchased title insurance and the owner signed an Affidavit swearing that there are no known encroachments, boundary disputes, etc. you may...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Rhode Island on

Q: what can i due if a tenant use there surcerity deposit as there last month rent and there was damage to the place

Andrew Bilodeau answered on May 6, 2019

Hello,

You will need to provide notice to the tenant regarding the damage to the apartment/house with an itemization of the cost to repair and you can pursue those damages in a court action if they are in an amount to be worthwhile. I would also evaluate whether or not the former tenant has...
Read more »

1 Answer | Asked in Banking for Rhode Island on

Q: I applied for a small personal loan online at a local credit union. I was approved but never made it to the bank

to sign any paperwork or go through with anything. I missed the appointment because I had changed my mind. They still put the loan through with out me ever stepping foot in the bank and signing anything. She stated she will cancel the loan and it will take 3 months to come off my credit. I just... Read more »

Bruce Alexander Minnick answered on May 3, 2019

Wow. I do not ever recall being asked by any client how to handle a situation where a bank or credit funded a loan!

I cannot count the number of clients who wanted help trying to get a loan funded, not unfunded.

Answer: There is nothing "illegal" about this mistake, which no doubt...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Rhode Island on

Q: On a residential road can a police officer give you a ticket for Reasonable and prudent speed?

Thomas Briody answered on Apr 15, 2019

Yes. The law requires you to keep reasonable and prudent speed all the time. Of course, whether you ultimately kept a reasonable speed is up to a judge. So while the officer can issue the citation, you can contest it.

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