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Rhode Island Questions & Answers
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
Syed Ali Hussain Lahooti
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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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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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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

1 Answer | Asked in Small Claims and Civil Litigation for Rhode Island on
Q: I'm asking for my elderly parents. Wondering if this worth to go further.

They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a... View More

Albin Moser
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answered on Dec 21, 2023

If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem... View More

1 Answer | Asked in Family Law for Rhode Island on
Q: DCF shared very personal information to someone involved with my family outside of them and I didn't sign a release.

My child's mom signed a release to a service called In Home Therapy, I did not. Our DCF worker disclosed extremely personal information for no reason. The woman (Sarah) who works for IHT whom this information was told to, said they were not discussing me or anything to do with me and she just... View More

James L. Arrasmith
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answered on Dec 20, 2023

In situations where personal information is shared by a Department of Children, Families (DCF) worker without proper consent, it's important to understand your rights and the legal framework that governs such disclosures. The sharing of your personal information without your consent could... View More

2 Answers | Asked in Bankruptcy for Rhode Island on
Q: I received a 309A form stating my ex husband is filing bankruptcy, We currently owe joint Federal Income Taxes does thi

This mean he is trying to add these taxes to his bankruptcy making me liable for the entire tax debt

Martha Warriner Jarrett
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answered on Dec 10, 2023

Probably not. Generally, unless the taxes are more than two years overdue, taxes are not dischargeable in bankruptcy. That means that he will remain jointly liable with you. You should review his bankruptcy schedules (they are available on Pacer.com) to see if he has listed the taxes as a priority... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: Who do I contact to Investigate police misconduct and forgery?

I am being charged, but was never arrested, Questioned, or read any Maranda rights. And they forged my initials on the only documents I have. This started with myself calling to ask if they can have an officer stop by and do a walk through at my house. due to noises downstairs and my dog growling... View More

James L. Arrasmith
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answered on Nov 24, 2023

If you believe you've experienced police misconduct and forgery, it's important to take specific steps to address the situation. Firstly, you should file a formal complaint with the police department's internal affairs division or the equivalent oversight body in your area. This... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Rhode Island on
Q: Ex-wife took out a $300,000 life policy in my name, no consent, and made herself the beneficiary. Recourse? I have proof

- I have the fraudulent application filled out in her writing.

-She signed my name on the application.

-She said I was her husband on the application.

-She listed her address on the application for any correspondence.

-She listed her contact information for any... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are several legal actions you can consider. Firstly, identity theft and fraud are serious crimes, and you should report this incident to law enforcement. Given your ex-wife's history of impersonating you, a police report can be instrumental in documenting the pattern... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: Denied a gun purchase told because a report filed by police town over that I said I threatened someone no charges filed

Just hear say from this person I do own a gun before this incident no witness's

James L. Arrasmith
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answered on Nov 20, 2023

In your situation, where a gun purchase was denied due to a police report alleging a threat, but no charges were filed, it's important to understand the basis of this denial. Gun purchase denials can be based on various factors, including reports or records that raise concerns about an... View More

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: The person who was paying me restitution died still owing me $3200. What are my rights now?

I have a Judgement of Civil Liability dated May 2023, since she didn't make all her payments in the allotted time, yet I have not been able to find her to enforce it. I have recently learned she passed away. Am I able to put a lien on her estate?

James L. Arrasmith
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answered on Nov 20, 2023

In Rhode Island, if a debtor owing restitution passes away, the debt becomes a claim against their estate. Since you have a Judgement of Civil Liability, you have a legal basis to pursue this claim.

To enforce the judgment, you should file a claim with the executor or administrator of the...
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