Rhode Island Questions & Answers by Practice Area
- Bankruptcy
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- Entertainment / Sports
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- Gov & Administrative Law
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- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
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- Land Use & Zoning
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Rhode Island Questions & Answers
Q: My 17 year old autistic Son was falsely arrested for carrying a gun. There was no gun
Gary Kollin's answer
How do you define good attorney?
Are you a good attorney? Legally, you cannot represent him.
How do you define good attorney?
Are you a good attorney? Legally, you cannot represent him.
Q: Webmaster of local news website declined to remove an article on my DUI charge. May I work with arresting officers?
2 Answers
| Asked
in
DUI / DWI, Employment Discrimination, Copyright and Internet Law
for
Rhode Island
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Q: I would like file chapter 7, i do not own any assets, I have considered Chapter 13, can you advise the exacts in 7
Timothy Denison's answer
Chapter 7 is likely the way to go for you since you have no assets. Chapter 13 is a wage earner repayment plan designed for people who have assets they could not otherwise keep. Contact a local bankruptcy attorney who can guide you through the process.
Chapter 7 is likely the way to go for you since you have no assets. Chapter 13 is a wage earner repayment plan designed for people who have assets they could not otherwise keep. Contact a local bankruptcy attorney who can guide you through the process.
Q: Apparently my license is suspended for not paying a seatbelt violation ticket. Where would I go to pay this ticket?
Allison Abilheira's answer
You will have to go to whatever court originally handled the ticket- either the Rhode Island Traffic Tribunal or the Municipal Court for the city/town who issued the ticket. Once you pay the ticket, you will then need to go to the DMV to pay the reinstatement of license fee ($151.50) to clear the suspension.
You will have to go to whatever court originally handled the ticket- either the Rhode Island Traffic Tribunal or the Municipal Court for the city/town who issued the ticket. Once you pay the ticket, you will then need to go to the DMV to pay the reinstatement of license fee ($151.50) to clear the suspension.
Q: My ex and I signed an agreement that we would not have an overnight Guest of the opposite sex with our daughter present
Neville Bedford's answer
Check with your attorney. If you don't have one, it would be a great idea to meet with one to address custody, support, and visitation with enforceable orders.
Check with your attorney. If you don't have one, it would be a great idea to meet with one to address custody, support, and visitation with enforceable orders.
Q: Where can I find statutes or cases that support that OK has subject matter jurisdiction over my case?
Neville Bedford's answer
Your best avenue would be to engage an attorney practicing where the case is properly filed. There are myriad resources online for legal information, statutes, and case law along with many law schools that could provide you with the information you seek. However, a practicing attorney should be able to address these issues more quickly that you might, even if you had the time, money, and inclination to attend a law school.
Your best avenue would be to engage an attorney practicing where the case is properly filed. There are myriad resources online for legal information, statutes, and case law along with many law schools that could provide you with the information you seek. However, a practicing attorney should be able to address these issues more quickly that you might, even if you had the time, money, and inclination to attend a law school.
Q: Child is 5, father doesnt pay for nothing, didnt pay child support when on restraining order. What can be done?
Neville Bedford's answer
It sounds like you would do well to secure an attorney to assist you in pursuing the issues you mention. Meet with an attorney to explore court options to establish custody and support, or if you have an M case open already, seek counsel to enforce the support order.
It sounds like you would do well to secure an attorney to assist you in pursuing the issues you mention. Meet with an attorney to explore court options to establish custody and support, or if you have an M case open already, seek counsel to enforce the support order.
Q: I rcvd a speeding 1-10 over in RI. I have lived in RI for 18 months. My record in VA is clean. Can I qual for safe drvr?
Allison Abilheira's answer
Yes, you would just need to provide the court with a copy of your VA driving record, so that they can confirm that you have maintained a clean record for a total of three years between RI and VA.
Yes, you would just need to provide the court with a copy of your VA driving record, so that they can confirm that you have maintained a clean record for a total of three years between RI and VA.
Q: Pregnant again after 5 years since my son was taken and adopted in 2016 can I keep this baby if I have my own place
Neville Bedford's answer
You may have a flag in the DCYF system. If they open a case for this child retain an attorney to assist you.
You may have a flag in the DCYF system. If they open a case for this child retain an attorney to assist you.
Q: I am trying to find out what I owe on my restitution and parking ticket?
Neville Bedford's answer
Contact the municipal court in the town where the ticket was issued. For restitution, contact the court where that was issued and ask for a copy.
Contact the municipal court in the town where the ticket was issued. For restitution, contact the court where that was issued and ask for a copy.
Q: Ex has our daughter. Refusing to give he to me
Neville Bedford's answer
It's nary impossible to determine whom may be lying about what on the scant information provided. If you are working with an attorney in your DCYF case, contact them. If you can afford to hire your own attorney, that is a great idea. There should also be a social worker assigned to the case that you may be able to speak with.
It's nary impossible to determine whom may be lying about what on the scant information provided. If you are working with an attorney in your DCYF case, contact them. If you can afford to hire your own attorney, that is a great idea. There should also be a social worker assigned to the case that you may be able to speak with.
Q: In a first degree robbery if they got no weopon is it still a first degree in trail
Thomas Briody's answer
The prosecution does not have to introduce a weapon into evidence to obtain a first degree robbery conviction. If there is testimony or some other evidence that a weapon was used, that should be enough, as long as guilt is established beyond a reasonable doubt.
The prosecution does not have to introduce a weapon into evidence to obtain a first degree robbery conviction. If there is testimony or some other evidence that a weapon was used, that should be enough, as long as guilt is established beyond a reasonable doubt.
Q: My tenants changed the lock and refuse to give me a copy of the key. What should I do?
T. J. Jesky's answer
If the lease agreement specifically does not allow changing the locks or making changes to the property, you are entitled to change the locks back and charge the tenant for the expenses incurred during the process. The cost is typically deducted from the deposit at the end of the tenancy. Read the lease to see if it does not changing the locks or making changes.
If the lease agreement specifically does not allow changing the locks or making changes to the property, you are entitled to change the locks back and charge the tenant for the expenses incurred during the process. The cost is typically deducted from the deposit at the end of the tenancy. Read the lease to see if it does not changing the locks or making changes.
Q: My attorney has ignored my emails,phone calls, even 2 certified letters for 2 yrs now. 6+ yr case, what do I do?
T. J. Jesky's answer
My gosh, do you need to be hit by lightning first? Do you think if you wait another year, this attorney will wake-up and call you? It does not sound that you signed an engagement letter with this attorney. To determine if you have a malpractice case against this attorney, would depend on the damages you suffered, i.e., the statute limitations would prevent you to move forward with this case.
Go engage another attorney, if you believe you have a valid case!
My gosh, do you need to be hit by lightning first? Do you think if you wait another year, this attorney will wake-up and call you? It does not sound that you signed an engagement letter with this attorney. To determine if you have a malpractice case against this attorney, would depend on the damages you suffered, i.e., the statute limitations would prevent you to move forward with this case.
Go engage another attorney, if you believe you have a valid case!
Q: Can someone have 2 NCO’s against the same person in the same state? This is in RI.
Thomas Briody's answer
If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an information or obtain an indictment after the complaint is dismissed. That's the reality. The only limit on bringing back the charges would be the statute of limitations, which is typically several...
If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an information or obtain an indictment after the complaint is dismissed. That's the reality. The only limit on bringing back the charges would be the statute of limitations, which is typically several...
Q: I am curious as to why an arbitrator would ask this?
Thomas A. Grossman's answer
I am not an employment lawyer, but I am a Mediator and Arbitrator. My guess is that the Arbitrator wanted to see if you received unemployment benefits because, if you did, he would probably deduct the amount you received from any judgment in your favor. He would do that to avoid a double benefit to you by getting both UI benefits and damages.
I am not an employment lawyer, but I am a Mediator and Arbitrator. My guess is that the Arbitrator wanted to see if you received unemployment benefits because, if you did, he would probably deduct the amount you received from any judgment in your favor. He would do that to avoid a double benefit to you by getting both UI benefits and damages.
Q: First speeding ticket, 10mph over speed limit. Could I request forgiveness under "good driving statute"?
Allison Abilheira's answer
You do not qualify for the good driving record, as you need to have had your license for at least three years to be able to use the good driving statute. However, a judge may allow you to do community service or simply pay Court costs for your first ticket, so that it does not go on your driving record or insurance. You will need to go to court to do this. Do not pay the ticket by mail.
You do not qualify for the good driving record, as you need to have had your license for at least three years to be able to use the good driving statute. However, a judge may allow you to do community service or simply pay Court costs for your first ticket, so that it does not go on your driving record or insurance. You will need to go to court to do this. Do not pay the ticket by mail.
Q: What are and aren't undercover drug cops allowed to do/say?
Thomas Briody's answer
There is no simple answer. The law on entrapment is complex. In general, an officer cannot improperly induce someone to commit a crime. But it’s not illegal to offer the opportunity or chance to commit a crime. Example: “Wanna buy these drugs?” That’s okay.” “If I don’t get someone to buy these drugs, my source is going to kill me because I owe him money.” That’s not okay. The key is in the details. Police officers are not permitted to induce someone to commit a...
There is no simple answer. The law on entrapment is complex. In general, an officer cannot improperly induce someone to commit a crime. But it’s not illegal to offer the opportunity or chance to commit a crime. Example: “Wanna buy these drugs?” That’s okay.” “If I don’t get someone to buy these drugs, my source is going to kill me because I owe him money.” That’s not okay. The key is in the details. Police officers are not permitted to induce someone to commit a...
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