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Rhode Island Questions & Answers
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
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... View More

Andrew Bilodeau
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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
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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... View More

Bruce Alexander Minnick
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...
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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
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
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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... View More

Deron Edward Smallcomb
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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
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
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... View More

Neville Bedford
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
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
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
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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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: can a landlord tow my vehicle without notice?

we were in a rollover accident on 2/19 (it is now 2/22). we are still awaiting the police report, and our vehicle was towed to our parking area (private off street parking with assigned spaces, of which we are only taking up our own space). the vehicle has considerable damage to it, but is not... View More

Neville Bedford
Neville Bedford
answered on Feb 27, 2019

If it is not roadworthy, one could argue that it is "debris" or refuse." Probably best for you to get it to an auto body shop where they will be able to allow the insurance company to make their assessment and perform the necessary repairs, should that be the option you choose.... View More

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: Can I travel on vacation with my daughter without my husbands consent?
Neville Bedford
Neville Bedford
answered on Feb 27, 2019

This question gives rise to so many more questions. Are there court orders to the contrary? Is there a divorce pending in the court? Do you have a lawyer? Have you read the automatic orders of the family court? Why does your husband not consent to his daughter having a vacation with her mother ? Is... View More

2 Answers | Asked in Car Accidents for Rhode Island on
Q: totaled truck buy back repair myself under ri 31-46 -7 part c then retitle?

I want to repair my totaled truck myself. Ins co, and dmv say it can only be repaired by someone with salvage rebuilders licence. Law says I can rebuild it if title is stamped "for parts only". I hold the title. Can I repair it and then get it retitled?

Neville Bedford
Neville Bedford
answered on Feb 27, 2019

The title will likely remain a salvage title for the life of the vehicle.

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1 Answer | Asked in Business Law for Rhode Island on
Q: Can someone in Rhode Island buy a bottle of distilled spirit or wine from a rectifier for OFF-PREMISE consumption?

2016 Rhode Island General Laws

Title 3 - Alcoholic Beverages

Chapter 3-6 - Manufacturing and Wholesale Licenses

Section 3-6-6 - Bottling and sale privileges of a rectifier's license.

Neville Bedford
Neville Bedford
answered on Feb 27, 2019

Generally, no, as that would be construed as a retail sale, and this statute only provides for wholesale.

SEE: TITLE 3

Alcoholic Beverages

CHAPTER 3-6

Manufacturing and Wholesale Licenses

SECTION 3-6-6

§ 3-6-6. Bottling and sale privileges of a...
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1 Answer | Asked in Sexual Harassment for Rhode Island on
Q: What is the statute of limitations for sexual harrassment and also sexual harassment in the work place in Rhode island??
Neville Bedford
Neville Bedford
answered on Feb 27, 2019

Time Limits

180 days to file a charge

(may be extended by state laws)

Federal employees have 45 days to contact an EEO Counselor

source: https://www.eeoc.gov/laws/types/sexual_harassment.cfm

In other words, the worst case scenario might be that you have 180...
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1 Answer | Asked in Child Custody for Rhode Island on
Q: in a situation of shared custody and the custodial parent moves to a shelter 6 months after informs the secondary party

me & my son moved from the home we shared with his mother my mothers house and went into shelter after a domestic violence situation in search of housing i'm working and he's in daycare and she she filed an exparte to modify physical custody but i have evidence and witnesses of neglect and or abuse

Neville Bedford
Neville Bedford
answered on Feb 27, 2019

Meet with and retain an attorney to assist you. If you cannot afford to hire an attorney, check with RI Legal Services to see if you qualify for their assistance.

1 Answer | Asked in Tax Law for Rhode Island on
Q: I in herited a home with a lien on the property for my father from not paying sales tax to ri division of taxation .

will the tax lien expire . does the state of ri have to renew the lien .

Neville Bedford
Neville Bedford
answered on Feb 16, 2019

Talk with the attorney handing the probate case.

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