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Rhode Island Questions & Answers

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...
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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...
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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...
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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.

2 Answers | Asked in Car Accidents for Rhode Island on

Q: As the owner of a vehicle that caused an accident while being driven by another insured adult, am I liable?

David Tapalian answered on Apr 10, 2019

Yes you could be. The owner as well as the operator could be found liable. Make sure you notify your insurance.

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2 Answers | Asked in Immigration Law for Rhode Island on

Q: Does she qualify to apply for citizenship ?

Married 5 years, in the United States 3 years. He just became citizen, making her here for 3 and now currently married to a US citizen. Since he just became a us citizen does she still have to wait for 5 years due to him not being a citizens when they married or can she apply after the 3 years of... Read more »

Deron Edward Smallcomb answered on Apr 5, 2019

You will still have to wait for 5 years as her Green Card was not obtained as a result of marrying a US Citizen.

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1 Answer | Asked in Legal Malpractice for Rhode Island on

Q: is an attorney not allowed to practice law in RI, if the out of state parent company is an unlicensed debt collector

would this situation be arguable as unauthorized practice of law ?

Bruce Alexander Minnick answered on Apr 3, 2019

You will have to better explain all the facts because your question does not make sense as written.

But let me try: If you are trying to ask whether an out-of-state debt collector company must have a license to collect bad debts in Rhode Island, the probable answer is no.

If you...
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1 Answer | Asked in Contracts, Employment Law and Civil Rights for Rhode Island on

Q: 20 year Labor union member wrongfully terminated, rights were disregarded in Collective Bargaining agreement,

Bruce Alexander Minnick answered on Apr 1, 2019

Hire a good employment lawyer with expertise in labor union issues.

1 Answer | Asked in Adoption, Family Law and Gov & Administrative Law for Rhode Island on

Q: Which Rhode Island court do I petition to unseal documents related to my paternity?

I was born outside of marriage, and then my father signed an "affidavit of legitimation" after he married my mother. Per Rhode Island law, this document is sealed and Vital Records will only issue copies of it with a court order. I am applying for recognition of inherited Italian citizenship... Read more »

Neville Bedford answered on Mar 28, 2019

Dual citizenship is a special status and probably worth investing with an attorney to assist you. Your chances of success will be much better with a professional advocating on your behalf.

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on

Q: What are my rights for getting help to relocate die to my son's father attacking me in my home and as result I have been

Put on a DV safe house with my son how can I get help to get another apartment since the attack happens at old one

Neville Bedford answered on Mar 27, 2019

Work with you advocates at the DV safe house to continue your safety plan. Work with your attorney to establish sole custody to enable you to relocate.

1 Answer | Asked in Bankruptcy for Rhode Island on

Q: Hello I have a question. If I filed chapter 7 back in 2014 am I able to file again under new creditors?

Timothy Denison answered on Mar 25, 2019

No. You cannot file a new Chapter 7 until 2022; however, you can file a Chapter 13 at any time..

1 Answer | Asked in Divorce for Rhode Island on

Q: Hi. I'm in the beginning stages of a divorce and have no idea what's going on. I feel I may have missed paperwork.

I do suffer mental health issues and I'm on ssdi and feel my wife is taking full advantage of this. Any advice is helpful

Neville Bedford answered on Feb 27, 2019

Hire an attorney. If you cannot afford to hire your own attorney, contact the RI Bar association to get on the waiting list for a volunteer attorney.

Volunteer Lawyer Program - The Rhode Island Bar Association Volunteer Lawyer Program (VLP), funded through a grant from Rhode Island Legal...
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