CRIMINAL DEFENSE
If the police want to question me should I do it?
No one should speak to the police without an attorney. You have an absolute constitutional right to have an attorney present during all questioning. If the police desire to question you, please contact the Aquidneck Legal Center for legal advice.
What is an arraignment?
An arraignment is the first time that the police department is required to inform the court with what the person is being charged. It generally occurs before a judge in a courtroom. No one should undergo an arraignment without counsel. Normally conditions of bail are discussed at arraignment.
What is the difference between "guilty" and "nolo"?
Nolo, the abbreviation for nolo contendre is an admission of sufficient facts. Guilty is an admission that the person has committed the crime.
FAMILY LAW
What are the requirements for a Rhode Island divorce?
One of the parties must be a resident and domiciliary (living in the state continuously) of the State of Rhode Island for a period of one year prior to the filing of the divorce petition.
How is child support figured?
There is a state formula for determining the child support obligation. Generally the gross wages of both parents are factored into this formula. It requires a consultation with an attorney to ensure that all sources of income are accounted for.
Am I entitled to alimony?
Alimony is not an absolute right under Rhode Island law. There are many factors which must be analyzed with an attorney to determine one's eligibility to petition for alimony. These factors include length of the marriage, education of the parties, length of time in the work force, and fault of the parties. Alimony is generally considered a temporary measure.
BANKRUPTCY LAW
What is the difference between a Chapter 13 and a Chapter 7 bankruptcy?
A chapter 7 bankruptcy offers the opportunity to discharge all debt allowable under the bankruptcy code. Some debts, such as student loans, intentional torts or restitution for crimes, are not dischargeable. Chapter 13 bankruptcy is an individuals chance to reconfigure their debt obligations, lowering their monthly payments but not necessarily discharging their debts.
How do I file for bankruptcy?
To file for bankruptcy there are several steps you must follow. Initially you must meet with an attorney to discuss your situation and options. If you decide to proceed with the bankruptcy you will be required to complete a credit counseling class and provide pay stubs and tax returns to be filed with the court.