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Rhode Island Questions & Answers
1 Answer | Asked in Consumer Law for Rhode Island on
Q: How does a lawyer sue a company for lost package

how does a lawyer sue a delivery company for lost package

James L. Arrasmith
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answered on May 2, 2024

A lawyer can sue a delivery company for a lost package on behalf of their client by following these general steps:

1. Gather evidence: The lawyer will collect all relevant documentation, such as the shipping contract, tracking information, proof of value, and any correspondence with the...
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1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Rhode Island on
Q: As to the recording voice and video does The State of Rhode Island require that all party's being recorded be informed?

One month after signing a lease I recorded a video with sound of my landlady in a rooming house in Warwick Rhode Island. She told me that she was writing new rules as an addendum to the lease and then I was excluded from parts of the house that were in the lease.

during that confrontation... View More

Nicholas Arthur Matlach
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answered on Apr 29, 2024

It sounds like you're in a very challenging situation, and I understand wanting to explore all options. Whether you can use the recording in a court case depends on a few factors:

- Rhode Island's Consent Laws: Rhode Island is a "one-party consent" state. This means you...
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1 Answer | Asked in Probate for Rhode Island on
Q: Are there any consequences regarding an executor in another state that does not probate a vehicle registered and houses?
Albin Moser
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answered on Apr 19, 2024

One of the purposes of probate is to make sure there is clear title to assets, so if there is no trust or other means of non probate transfer of these assets then yes, they need to be probated. But, concerning the houses, check the deeds to see if they were owned with any other person or placed in... View More

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: As a commercial landlord, if a tenant is in a lease on unit 1 and is paying a storage fee on unit 2 to hold for ….

Potential build-out, then backs out and you give them written notice to vacate unit 2 but they don’t… can you change the locks and begin proceedings to rent unit 2 ? Tenant has been notified this would happen.

James L. Arrasmith
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answered on Apr 16, 2024

In your situation as a commercial landlord, handling a tenant who has backed out of a potential build-out for unit 2 after paying a storage fee can be challenging. If you have already given written notice to the tenant to vacate and they have failed to comply, your next steps need to be carefully... View More

1 Answer | Asked in Copyright for Rhode Island on
Q: Regarding fair use copyright: would showing a documentary at our local library for education and analysis be ok?

We are a small group of residents who want to promote discussion of important topics in our town. As such, we would like to start a video series at our local library. The library told us we needed to get copyright permission. After doing some research, I discovered the "fair use"... View More

James L. Arrasmith
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answered on Apr 7, 2024

Hi Matt,

The fair use doctrine in US copyright law does allow for limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Whether a particular use qualifies as fair use depends on four main...
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1 Answer | Asked in Consumer Law, Small Claims and Collections for Rhode Island on
Q: received a voicemail saying I was being sued and to call a number.when I call it’s from a loan from 2020

It was from a company called zaca I had a loan for 900

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If you're being sued, that generally involves receiving legal papers such as a summons and complaint. If you're the subject of a collection action, that could involve being notified by phone. You'd... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Rhode Island on
Q: Is an art installation of signs promoting kindness near construction zones illegal in RI?

In accordance with Rhode Island law, could the creation of an art installation on featuring letter-sized, brightly-colored signage promoting positivity, kindness, and safe driving behaviors on highway light posts near areas affected by infrastructure failures and construction zones be subject to... View More

James L. Arrasmith
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answered on Mar 8, 2024

In Rhode Island, as in many places, placing signs or installations in public spaces, especially near highways and construction zones, generally requires adherence to specific regulations and obtaining permission from the relevant authorities. This is due to safety considerations, as well as... View More

1 Answer | Asked in Criminal Law for Rhode Island on
Q: How do i contact my public defender after a decade

Hypothetically if you were to have commited a misdemeanor and left the state instead of going to court about 9 years ago, how would you go about contacting your lawyer to finally address it

Thomas Briody
Thomas Briody
answered on Feb 4, 2024

I doubt your public defender will still be assigned to this case. You could contact the public defender’s office and explain the situation. Or you could contact a private lawyer. There may be a warrant out for you. But it should not be difficult, if it’s a misdemeanor and you have had no... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Rhode Island on
Q: Can you legally come after someone for sharing personal messages, pictures, and videos stolen from your phone?

My wife and I had an open relationship. She went through my phone and took personal things of myself and another women. She has been sharing them and showing them to everyone.

James L. Arrasmith
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answered on Jan 31, 2024

In Rhode Island, if someone shares personal messages, pictures, and videos taken from your phone without your consent, you may have legal recourse. Unauthorized access to your phone and the dissemination of private materials could be considered a violation of privacy laws.

Rhode Island has...
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1 Answer | Asked in Criminal Law for Rhode Island on
Q: Given these charges in providence ri superior court, what is the best possible deal the defendant might receive ?

Assault With Intent to Commit Specified Felonies

Felony Assault and/or Battery

Using a Firearm When Committing a Crime of Violence - 1st Offense

Discharge Firearm When Committing a Crime of Violence - Injury to Other

Carry Pistol or Revolver Without License or Permit... View More

James L. Arrasmith
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answered on Jan 29, 2024

In a case involving multiple serious charges like these in Providence, RI, the best possible deal greatly depends on various factors, including the specifics of the case, the defendant's criminal history, and the quality of the defense.

For such serious offenses, particularly those...
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1 Answer | Asked in Immigration Law for Rhode Island on
Q: My husband has a court date Feb 1 2024 at my lawyers office we had one Dec 22 at his office and my lawyer sent him to ge

Get fingerprints at a place that is shutdown so they never got done and case was moved to Feb 1 and i been calling the lawyer daily he didn’t return any calls and again my husband did not get the fingerprints he needs to be able to close his case please what can we do?

James L. Arrasmith
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answered on Jan 24, 2024

In your situation, it's essential to address the issue of the fingerprints as soon as possible, since they are a crucial part of your husband's case. First, you should find an alternative location where your husband can get his fingerprints taken. This information can often be found on... View More

1 Answer | Asked in Child Custody and Family Law for Rhode Island on
Q: Can mom of a child tell her son’s father he can’t take the children over night once he moves in with his girlfriend

If court gets involved, can a judge say the father can’t take his kids anymore on visitation or overnights because he now shares a home with his girlfriend?

Albin Moser
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answered on Jan 23, 2024

Usually a mother cannot prevent a father from having visitation overnight at his new girlfriend‘s house where he now lives. If there were a provision of the divorce agreement that prohibits this then the court might pay attention to that. If there is something about the girlfriend or the house or... View More

1 Answer | Asked in Health Care Law and Civil Rights for Rhode Island on
Q: can RI hospital psych ward hold a patient who called SuicideHotline on themself After patient request leave after 3 days

Patient had a minor past suicide attempt over 2 years ago and seeked help. Since has made Major improvement and no issues since. Patient called suicide hotline due to depression and anxiety, and is now being held for 3 days and wishes to leave to seek therapy and feels they do not need inpatient... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Rhode Island, mental health facilities have the authority to hold a patient for evaluation and treatment if they believe the patient poses a risk to themselves or others due to a mental health condition. This can occur even if the patient voluntarily sought help initially.

If a patient...
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2 Answers | Asked in Domestic Violence, DUI / DWI and Immigration Law for Rhode Island on
Q: Will my green card be denied? I have two domestic violence dismissed and two simple duis first dui in 2018 and 2 2023
James L. Arrasmith
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answered on Jan 9, 2024

The outcome of a green card application can be influenced by your criminal history. While the dismissal of your domestic violence charges is positive, the presence of two DUI offenses, especially with one being recent, may impact your application. U.S. Citizenship and Immigration Services (USCIS)... View More

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2 Answers | Asked in Domestic Violence, DUI / DWI and Immigration Law for Rhode Island on
Q: Will my green card be denied? I have two domestic violence dismissed and two simple duis first dui in 2018 and 2 2023
Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

It looks like your question is diving into the world of "Crimmigration," where criminal and immigration law meet. If you've got a green card and get a DUI, it could mess with your good moral character standing for 3-5 years. Things get even trickier with domestic violence cases –... View More

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1 Answer | Asked in Education Law for Rhode Island on
Q: Can a career technical training school legally withhold your certification after program completion?

I am on a payment plan for my student loan and the school is withholding my certification until I am paid in full. I am unable to work without the certification to make the payments. Is this legal?

T. Augustus Claus
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answered on Jan 2, 2024

The legality of a career technical training school withholding certification until payment is made depends on the terms and conditions outlined in the school's policies and agreements. Schools may have specific financial obligations, and if there is an outstanding balance, they may choose to... View More

2 Answers | Asked in Civil Litigation for Rhode Island on
Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

If I inherited property during marriage would he be able to come for that as well

Albin Moser
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answered on Jan 1, 2024

Custody arrangements and other issues relating to the best interests of children are always modifiable. The equitable distribution of property in divorce is usually done once in the divorce and that’s it. Exceptions: if the inherited property was not disclosed in the divorce then maybe someone... View More

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2 Answers | Asked in Civil Litigation for Rhode Island on
Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

If I inherited property during marriage would he be able to come for that as well

James L. Arrasmith
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answered on Jan 1, 2024

In Rhode Island, property acquired by inheritance is generally considered separate property in a divorce, as opposed to marital property which is subject to division. If you inherited property during your marriage, it is typically not included in the marital estate for division purposes, provided... View More

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2 Answers | Asked in Domestic Violence, Federal Crimes, Personal Injury and Wrongful Death for Rhode Island on
Q: (b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what

(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences.... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under Title 18 USC Code Section 3613(b), the term "Criminal negligence" is defined as conduct that significantly departs from what an ordinary prudent or careful person would do in the same circumstances, to the extent that it shows a lack of proper regard for human life or indifference... View More

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1 Answer | Asked in Real Estate Law for Rhode Island on
Q: Question around seller protections in Rhode Island after closing a home

We sold a home earlier this year and disclosed that the garage had flooded. We also said that we asked the home builder to come fix it (since the home was newly built) which he did. It never flooded again after the work he did so to us it was fixed.

We closed on the sale earlier this... View More

Albin Moser
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answered on Dec 21, 2023

You are protected. Caveat emptor, let the buyer beware. The risk of flooding is something that the buyer took on when the buyer bought the property. The buyer has no case against you. The buyer might have a case against the builder if there is something wrong with the construction and the... View More

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