Rhode Island Q&A by Practice Area
Rhode Island Questions & Answers
Q: Bankruptcy court needs correct addresses for payday loans how can they get discharged if mail is undeliverable
Ask your BR lawyer.
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
There is no guarantee of that; it depends on the felony. He needs to speak with an immigration attorney.
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 »
The answer to your question should be set forth in the written documents; where is your real estate agent?
Q: In RI, what are the possible punishments being faced for domestic felony assault and domestic disorderly conduct?
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 »
Q: in Rhode island who is responsible for taxes on homes set up in a trust?
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 »
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 »
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 »
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.
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
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.
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 »
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 »
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 »
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
Check your local municipal code for your specific town. The ordinance are generally available online.
Q: Do you guys have a pro Bono divorce service if not do you know of any in the Narragansett or Wakefield county area?
Contact Volunteer Lawyer Program Coordinator, John Ellis at (401) 421-7758 or jellis@ribar.com to see if you qualify for Pro Bono representation.
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 »
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.
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 »
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 »
Q: Can a family court in rhode island take away my phone when I'm 13 under the orders of a judge?
Truancy
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.
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 »
Hire an attorney to muster your best defense and force the prosecution to produce their evidence.
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.
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
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 »
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 »
Q: what can i due if a tenant use there surcerity deposit as there last month rent and there was damage to the place
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 »
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 »
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 »
Q: On a residential road can a police officer give you a ticket for Reasonable and prudent speed?
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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