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Rhode Island Questions & Answers

1 Answer | Asked in Criminal Law for Rhode Island on

Q: I have a case that was dismissed for lack of prosecution and then out if the blue it was filed again. What can I do ?

Is there a Ruke I can file under motion to stay the first dismissal as the case was charged as a felony and it should have been civil as their was no criminal intent.

Thomas Briody answered on Sep 10, 2019

Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.

1 Answer | Asked in Domestic Violence for Rhode Island on

Q: My roommate and I both got charged with domestic assault. What is the best way to plead in court so I dont loose my job?

I have a clean record and need this expunged

Thomas Briody answered on Sep 8, 2019

I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It... Read more »

1 Answer | Asked in Child Support for Rhode Island on

Q: trying to pay child support for my brother but don't know docket number

Neville Bedford answered on Sep 7, 2019

look it up here

https://publicportal.courts.ri.gov/PublicPortal/

1 Answer | Asked in Child Custody and Child Support for Rhode Island on

Q: A court order reads parties shall share joint custody and placement shall be with mother.

Does this mean the father has 50/50 placement rights or does the "joint custody" generally describe legal custody and placement is with mother and father receives visitation?

Neville Bedford answered on Sep 7, 2019

generally describes legal custody, and (primary physical) placement is with mother, and father receives visitation(now called Parenting time), and pays support consistent with guidelines now in effect.

2 Answers | Asked in Contracts, Landlord - Tenant, Criminal Law and Domestic Violence for Rhode Island on

Q: My bf isn’t on my lease but just wants me to write in his name? Will they contact the landlord?

My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact my... Read more »

Gary Kollin answered on Sep 4, 2019

You wrote further detail on AVVO. You could subject yourself to possible prosecution.

The phone calls from the jail may be recorded

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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Federal Crimes for Rhode Island on

Q: Can my boyfriend be charged with B&E if he is on my lease?

I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »

Thomas Briody answered on Sep 3, 2019

Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your... Read more »

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... Read more »

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 Domestic Violence for Rhode Island on

Q: My boyfriend and I have a NCO. Can i still pay his bail?

William Jaksa answered on Sep 2, 2019

Read the terms of the NCO carefully, but I suspect that you should have no problems paying his bail. BUT it might be a smart move to have a friend do it.

2 Answers | Asked in Real Estate Law and Small Claims for Rhode Island on

Q: My boyfriend's dad is our landlord, his son just got locked up last night and next day he writes a note saying I have to

Move in 2 days and he just accepted my payment for rent this month, can I get my money back

Andrew Bilodeau answered on Sep 1, 2019

Hello,

Based on the info you provided, your boyfriend’s father would have to evict you and give you proper notice.

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1 Answer | Asked in Civil Rights for Rhode Island on

Q: I allowed my sister to stay with me. But now she wont leave. And she isnt paying her share of the house expenses.

She has lived here for a year and 8 months.

Thomas Briody answered on Sep 1, 2019

This really is not a civil rights question. But if the house is yours, and she has no ownership interest such as a lease has paid rent, you can probably get a trespass order from the police. Be careful about what you’re doing here. Your sister is still going to be your sister.

1 Answer | Asked in Civil Rights for Rhode Island on

Q: I was hoping i didmt have to go thru the courts. I am the renter of the house. She was just staying with me wont leave

Gary Kollin answered on Sep 1, 2019

Thank you. How did you think an attorney on the internet could help you? You do not need to answer that

1 Answer | Asked in Civil Rights for Rhode Island on

Q: I am renting a house and allowed my sister to come stay with me. I have lived here for 7 years. She has not.

She will not leave the house and the police said i have to evict her thru the courts

Gary Kollin answered on Sep 1, 2019

So what is stopping you from using the courts?

2 Answers | Asked in Child Support and Divorce for Rhode Island on

Q: I believe I will be initiating the divorce process in the coming months. I earn about 3 times my wife and our assets are

Rick C

Reside in RI

Neville Bedford answered on Aug 30, 2019

I assume you are concerned about child support obligations along with understanding what your division of marital assets may look like.

The child support guidelines worksheets now in effect are located at:

http://www.cse.ri.gov/documents/2018-01_AdminOrder.pdf

You would...
Read more »

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1 Answer | Asked in Bankruptcy for Rhode Island on

Q: Can I file bankruptcy from a lease agreement .

Royal Crest estates is the place

Timothy Denison answered on Aug 21, 2019

Yes. If all other financial conditions permit.

1 Answer | Asked in Employment Law and Elder Law for Rhode Island on

Q: How do I challenge a DPOA & amended trust that my sibling coerced my mom into signing?

Mom had original trust done in 2000 with assets being split 50/50 between sibling & myself. In 2016 I had falling out with sibling & in 2017 he took my mom to a lawyer to amend her trust giving him 100% & DPOA with unlimited powers. She was 95 at the time & had started with dementia a few years... Read more »

Neville Bedford answered on Aug 16, 2019

I don't see this as an employment law question. If you cannot afford to enlist private legal assistance, you may wish to investigate other resources that might include law enforcement if you suspect there is elder abuse being committed.

2 Answers | Asked in Criminal Law for Rhode Island on

Q: In RI what does 48a dismissal filed mean?

Thomas Briody answered on Aug 6, 2019

It means that the charge lodged against the defendant has been dismissed. "48a" is a reference to the Rule of Criminal Procedure that deals with dismissal of charges. Hope this answer is helpful to you.

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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Rhode Island on

Q: The court placed a restraining order against my boyfriend and I because we're 17 and 34 but he has committed no crime

Thomas Briody answered on Aug 5, 2019

I don't see a question here. However, you are a minor, and if you are living at home, your parents are going to have a say as to who can come to their house. And while I understand that affairs of the heart can cause people to do and say many things, a judge is going to be very skeptical about a... Read more »

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1 Answer | Asked in Child Support for Rhode Island on

Q: can my child support be decreased if I had 2 more children and moved in with my present day girlfriend?

Neville Bedford answered on Aug 2, 2019

Yes, especially if your income has also declined. With all those responsibilities, it may be difficult for you to hire an attorney to assist you to press your case. Cal the RI bar association to get on the referral list.

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

Q: My girlfriend bought a dog with her check... I paY for shots..tk 2 vet The dog has my last name. I do all. Who owns?

Oh I do all walks,,feed...dog loves me.. Now she threatens to leave to California take the dog.. Who owns the dog? My last name, all vet all care but sge bought it

Neville Bedford answered on Aug 1, 2019

Pets are considered property. Even though the dog has your last name, she is most likely the owner. However, having contributed to the dog's care, you may have a right to reimbursement unless it is construed to be a gift. If you had written an agreement regarding these payments, that would be most... Read more »

1 Answer | Asked in Traffic Tickets for Rhode Island on

Q: Recieved 2nd ticket within 12 months time.

I am not able to pay this ticket and have to go to court. What are my punishments? Will my license be suspened?

Neville Bedford answered on Aug 1, 2019

The punishment and or fines will be directly related to the infractions you have been charged with. As you have not disclosed what the citation was issued for, it is nary impossible to discern what penalties you may be facing.

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