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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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1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: Can the executor of a family trust take everything of value from the residence not mentioned in the will.

10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .

Albin Moser
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answered on Nov 14, 2023

No, the executor of the probate estate or the trustee of the family trust does not have the right to take everything not mentioned in the will, unless the intention is to hold it for distribution to the rightful heirs of the estate and beneficiaries of the family trust. The executor is the person... View More

1 Answer | Asked in Divorce and Family Law for Rhode Island on
Q: Married for 32 yrs. Husband moved out 9 years ago. He said he is moving back in. He is emotionally abusive.

Still have a 19 yr old daughter living at home. Can he legally do this? We never filed for a divorce or separation. He has been unfaithful.

Albin Moser
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answered on Nov 14, 2023

Your marriage to him does not give him the right to live with you. If he is an owner of the real estate you live in then he has a right of possession of the real estate but still no right to cohabitate with you personally. If he is not an owner of the real estate then no, he can't just move... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Domestic Violence for Rhode Island on
Q: Rights and options regarding a protective order in Rhode Island from an abusive ex and potential police involvement.

I am in Rhode Island, and my ex, who was verbally and emotionally abusive, obtained a protective order against me. This was due to the number of emails I sent him in anxiety, stress, and sadness in response to his initial email, which the judge saw as harassment, despite no threats being made.... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have the right to appeal the order if you believe it was unfairly granted. Appeals must typically be filed shortly after the order is granted, so consulting with a lawyer quickly is important. Many Rhode Island attorneys offer free initial consultations to discuss your options.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Rhode Island on
Q: Arrested for defending against knife threat; seeking legal guidance on handling charges.

I was arrested with charges 11-5-3, 12-7-10, and 11-45-1 while defending myself and my pregnant wife from someone who threatened us with a knife. What should I do next? I need guidance on how to handle these charges and protect my rights.

James L. Arrasmith
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answered on Mar 24, 2025

You're in a challenging situation, and facing criminal charges while believing you acted in defense of yourself and your pregnant wife must be incredibly stressful. Without knowing your specific jurisdiction, those charge numbers could represent various offenses, but what matters most right... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Rhode Island on
Q: Did the Central Falls Code Enforcement violate RI law by entering my yard without permission and giving a fine?

I am concerned that the Central Falls Department of Code Enforcement entered my yard without permission. They took pictures and issued a fine without giving prior notice. There were no previous interactions with the department. Is this a violation of Rhode Island law?

James L. Arrasmith
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answered on Mar 24, 2025

Rhode Island property law generally requires government officials to have permission, a warrant, or a specific legal exception before entering private property. Code enforcement officers may be permitted to observe and document violations visible from public areas like sidewalks without entering... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Rhode Island on
Q: Legality of tasers in Rhode Island in 2025

I'm seeking clarification on the current laws regarding the legality of owning or carrying tasers in Rhode Island as of 2025, especially in light of the 2022 federal court ruling. Are there any restrictions or conditions I should be aware of?

James L. Arrasmith
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answered on Mar 24, 2025

Despite a 2022 federal court ruling that found Rhode Island's ban on stun guns unconstitutional, Rhode Island appears to remain the only state where taser purchase, possession, and use are still technically illegal as of 2025. The state had been appealing the federal judge's ruling,... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Rhode Island on
Q: How to challenge House seat cap for proportional representation?

I am an individual considering a legal challenge to the Permanent Apportionment Act of 1929, which caps the House of Representatives at 435 seats, on the grounds it conflicts with Article I, Section 2 of the U.S. Constitution. This section originally set representation at a ratio of 1 per 30,000... View More

James L. Arrasmith
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answered on Mar 23, 2025

Filing a constitutional challenge to the Permanent Apportionment Act of 1929 requires establishing standing, which means showing you've suffered a concrete, particularized injury from the current apportionment system. You might argue your vote is diluted compared to voters in less populous... View More

1 Answer | Asked in Immigration Law, Child Custody and Domestic Violence for Rhode Island on
Q: Foreign-born person held in detention wants to stay in the US with a pending removal order.

Is there a way for a person born outside the US, currently held in detention at Wyatt with a removal order issued in 2018, to stay in the US? There was an appeal dismissed in 2012, and I don't know if any attempts have been made to reopen the case. The person has no felony criminal record,... View More

James L. Arrasmith
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answered on Mar 15, 2025

Given your situation, you might consider filing a motion to reopen your immigration case based on new or changed circumstances, particularly highlighting your strong community ties, religious involvement, and absence of felony convictions. If there have been significant changes since your last... View More

1 Answer | Asked in Child Custody for Rhode Island on
Q: Should I submit a parental agreement with a motion for temporary visitation?

I have been visiting my child consistently every weekend (Friday through Tuesday) for over a year. This arrangement was informally agreed upon as the child’s mother and I co-parented without any legal order in place. Since I started dating a new girlfriend, the child's mother has stopped... View More

Albin Moser
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answered on Feb 21, 2025

Yes, go ahead and file a parental agreement as part of your motion. It is better to be clear, concise and direct.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: I have shared custody of my daughter with 2 overnights weekly. Can the primary placement parent dictate where?

She won't let me have my daughter where I live. She's given me no reason

Albin Moser
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answered on Feb 11, 2025

No, she cannot dictate where. You would need to proceed in court in order to compel her to cooperate with the present court order. The court will order her to comply unless there is a big problem with where you live or who you live with.

1 Answer | Asked in Immigration Law for Rhode Island on
Q: Hi so I moved to the US at nine where I obtained citizenship through my father I also obtained a greencard but never

Got a citizenship certificate I am now now 21 years old and wants to proof my citizenship but my dad refused to give me his documents to prove my status ,should I file for n-600 or n-400

James L. Arrasmith
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answered on Jan 30, 2025

Since you were born outside the US but acquired citizenship through your father, the N-600 application would be the right option. This form is used to apply for a Certificate of Citizenship, which confirms that you are a US citizen. You are eligible for this if you were under 18 when your father... View More

1 Answer | Asked in Immigration Law for Rhode Island on
Q: Is my brother's wife getting deported Jan 20th?

Hi, so my brother and his wife got married September of last year. She is technically illegal. My brother had fallen behind on doing his taxes for the past three years after our mom had died. So now they're trying to hurry with getting her green card paper work since Trump won office and... View More

James L. Arrasmith
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answered on Jan 15, 2025

I understand how worried and scared you and your family must be during this uncertain time. Immigration situations are incredibly stressful, especially when they involve loved ones.

Your sister-in-law won't be automatically deported on January 20th - deportation processes don't...
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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Rhode Island on
Q: person says undetectable. For hiv and transmitted hiv to me in rhode island Is this a criminal act

I was told he was undetectable and found days later it was not taking any medication nor took it for the last 3 months and find out I'm positive because of this person

James L. Arrasmith
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answered on Jan 6, 2025

I'm really sorry you're going through this. In Rhode Island, knowingly transmitting HIV to someone without informing them can be considered a criminal offense. If the person you were with was not actually undetectable and did not disclose their HIV status, they may have violated state... View More

1 Answer | Asked in Immigration Law for Rhode Island on
Q: I filed for green card in 2018 and vawa in 2020. I was approved last in 2023 but no green card. What can I do?
James L. Arrasmith
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answered on Dec 20, 2024

Having multiple immigration applications can make the process more complex, but there are steps you can take to move your case forward.

You should first contact USCIS directly through their website or phone line to inquire about your case status. Since your VAWA petition was approved in...
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3 Answers | Asked in Immigration Law for Rhode Island on
Q: How do I prevent my naturalized citizen daughter in law from being deported by Trump?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

Generally, a naturalized US citizen can no longer be deported

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