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Rhode Island Rear End Accident Lawyer | Tailgating Accident Attorneys

January 8, 2024 By David

Each year, thousands of people will be injured due to rear end accidents. One of the most common injuries that victims suffer from is whiplash, in addition to other injuries. If this happens to you, it is best to seek legal representation from an experienced Rhode Island auto accident attorney that will put your needs first. The insurance adjusters are often minimizing the seriousness of soft tissue but the best Rhode Island personal injury lawyers are keenly aware of the real impact of whiplash on innocent victims.

Rhode Island Rear End Accident Lawyer

The most common form of automobile accidents is rear end accidents. Rear end collisions in RI could be accredited to a variety of factors, such as in-car cell phone use, and t the seriousness he various distracting features that are installed into new models of vehicles each year. Even though a large percentage of automobile accidents that occur every year are due to rear end collisions, a majority of the injuries sustained are less severe, in comparison to other types of accidents, such as head-on collisions. However, rear end accidents in Rhode Island could potentially lead to serious injuries, or death, due to the impact of the collision.

Insight to Whiplash

Whiplash is generally a neck and back injury that could be developed after a rear end accident. Whiplash is typically caused by the sudden movement of the body – in a forward motion. At this time, a person’s head will remain static for a moment of time, as the collision takes place. The acceleration is what causes the vehicle to push forward, and leads to whiplash. Surprise injury could lead to damaged ligaments in a person’s back and neck. Expected injuries cause the muscles to tense, which is why they are more likely to be damaged first during the impact of the collision.

Types of Injuries in RI motor vehicle crash

A rear end accident in Rhode Island could potentially lead to a variety of injuries, some more severe than others. These types of injuries include:

• Herniated discs
• Brain injury
• Vertebrae fractures
• Jaw injury
• Back sprains
• Hip fractures
• ACL or muscle tears
• Ankle sprains and fractures

Get the Legal Help Necessary

Rear end accidents occur each day, and these collisions could lead to major injuries. If you are involved in a rear end accident in Rhode Island and Providence Plantations, you should consult with an experienced RI auto accident attorney immediately. He will use his legal experience and knowledge to help you deal with the challenges that you may face when fighting insurance companies for your rightful damages and compensation, such as:

• Medical expenses
• Wage loss
• Pain and suffering
• Mental and emotional stress

Car accidents as result of driving too close

Rhode Island rear end accident lawyer

Rear end accidents do not just cause extensive property damage to the vehicles colliding each other, but also often involve catastrophic injuries and death. Rear impact car and truck collisions in Rhode Island are often the result of motor vehicles following too close behind and not providing adequate distance to stop safely under normal or unusual conditions.

Rear end impact vehicle collision

The National Highway Traffic Safety Administration (NHTSA) indicates that more than 2.5 million collisions involving a rear end impact occur every year. As a result, hundreds of thousands of motorists and passengers are injured or killed from their injuries obtained in the accident. In all likelihood, the number of rear impact accidents in Rhode island and Providence Plantations are likely to rise because of the increased incidences of distracted driving when motorists send text messages, texting while driving, speak on cell phones or read emails while driving.

Serious Injuries caused by tailgating (driving too close)

Rear end impact collisions in RI are a leading reason for serious automobile accidents were a vehicle collides into the back of the car ahead. In many incidences, drivers and passengers in the lead car suffer serious injury to their neck, head, and spine. In fact, rear end collisions in Rhode Island cause the majority of whiplash injuries when there is a sudden jolt.

In nearly every situation in Rhode Island, the driver behind the lead car is entirely at fault for the RI crash / accident / collision. However, there are situations where the lead vehicle might be traveling at a speed too slow for the roadway or the lead driver is intoxicated at the time of the accident. In some very limited situations, the motorist in the lead car could be partially at fault for negligent driving because of an inexplicable sudden stop that provided no warning to others on approach.

“The Federal Motor Carrier Safety Administration (FMCSA) has given high priority to research regarding collisions between large trucks (gross vehicle weight > 4,540 kilograms (10,000 pounds)) and other vehicles on the roadway. This research aims to improve knowledge about the high-risk behaviors of truck and passenger vehicle (car) drivers. In 1998, large trucks accounted for 7 percent of the total vehicle miles traveled but were involved in 13 percent of all traffic fatalities (5,374 of 41,471). In these truck crashes, the car’s occupants were much more likely than the truck driver to be killed (78 percent of the fatalities were car occupants) or injured (76 percent of the injuries were sustained by car occupants). Two-thirds of all police-reported truck crashes involved a truck and another vehicle, and 60 percent of all truck crashes involving a fatality were two-vehicle car-truck crashes. ^”Federal Highway Administration Research and Technology Coordinating, Developing, and Delivering Highway Transportation Innovations Publication Number: FHWA-HRT-04-085 Date: July 2004 This research was conducted under the HSIS project by F.M. Council and D.L. Harkey of the University of North Carolina (UNC) Highway Safety Research Center, D.T. Nabors of BMI, A.J. Khattak of the UNC Department of City and Regional Planning, and Y.M. Mohamedshah of LENDIS. The full report, Examination of ‘Fault,’ ‘Unsafe Driving Acts,’ and ‘Total Harm’ in Car-Truck Collisions, can be found in Transportation Research Record 1830 (TRB, 2003). For more information about HSIS, contact Carol Tan, HSIS Program Manager, HRDS, 202–493–3315,

Determining Liability for rear end tailgating accident

Many victims suffering serious injuries and property damage in Rhode Island will file a claim for compensation against all parties responsible for the rear end collision. However, tort law involving vehicle accidents is complex and often requires the skills of a seasoned Provicence personal injury attorney. This is because it is the responsibility of the victim to determine liability to hold those legally accountable for their negligence. A skilled Providence personal injury lawyer can build a solid claim for compensation by showing liability because of various factors including:

• The party at fault violated posted traffic rules
• Eyewitnesses are available to describe how the accident occurred
• Third parties might be involved including additional motorists, bicyclists or jaywalking pedestrians
• Drugs or alcohol were involved
• Adverse weather conditions were occurring at the time, making driving difficult
• Physical evidence exists to prove liability including bumper damage, paint from other vehicles or skid marks

With Rhode Island legal representation, the victim can easily deal with insurance companies and prepare a claim for compensation. In most situations, settlements obtained by RI auto accident attorneys are negotiated at a higher amount than when the victim handles their case on their own.

Legal Consequences for tailgating wreck

When it has been determined what party is at fault whether it is caused by a panic stop or tailgating, all responsible parties are duty bound to pay compensation. As a result, automobile accident victims will often file a claim or lawsuit for damages. The amount of compensation the victim receives is usually based on the severity of their injuries and the extent of property damage. However, rear end collisions caused by tailgating in Rhode Island typically cause significant injury.

A skilled RI auto collision attorney can ensure that the victim’s rights are protected while building a strong case for compensation. The East providence law firm will seek compensation to cover economic (tangible) and non-economic (intangible) damages. Most Providence, Riverside and Rumford, RI personal injury cases are accepted on contingency as a way to provide legal representation without the need of paying any upfront fees. In the event that the RI motor vehicle accident lawyer is unable to obtain compensation, the victim owes nothing for legal services provided in the case. Many insurance companies try to take advantage of victims, and deny their benefits. A Providence auto accident attorney will help you fight for your rights!

Rhode Island Rollover Accident Lawyer | How to Avoid

January 7, 2024 By David

How to Avoid a Rollover Accident Nearly one out of every four vehicle related fatalities occurring nationwide involve vehicle rollover accidents, claiming the lives of approximately 10,000 individuals every year. Survivors of a rollover crash in Rhode Island and across the United States often suffer catastrophic injuries and lifelong disabilities including quadriplegia, paraplegia and traumatic brain injuries. Often times, the vehicle occupants are ejected from inside and suffer additional injuries or death.

Rhode Island rollover accident lawyer

There are numerous factors contributing to a potential rollover accident in Rhode Island that include:

• The lack of tire traction on slippery or oily surfaces
• Traveling at too great a speed to handle sudden turns or curbs
• Making certain maneuvers that cause a rollover due to a high center of gravity
• Poor road conditions and severe inclement weather

Preventing or Surviving a Rollover Crash in RI

There are specific steps that every driver and occupant inside the motor vehicle can take to prevent or survive the catastrophic consequences of a rollover accident. These include:

• Buckle up – The safest place and occupant can be when involved in a serious rollover accident in Rhode Island is to remain inside the vehicle throughout the event. Nearly 3 out of every four individuals involved in rollover accidents are killed because they were ejected from the vehicle.

• Check the Tires – Properly inflated tires in good shape help maintain traction on the roadway to overcome slippery surfaces, quick turns and road hazards. Inflate the tire pressure as recommended by the car’s manufacturer.

• Drive a New Vehicle – The national Highway traffic safety administration statistics indicate new vehicles involved in accidents produce fewer fatalities than old cars and trucks. Most likely, ESC technology (electronic stability control) on new vehicles helps stabilize steering during difficult maneuvers and bad road conditions. In addition, new vehicles have better design and stricter government testing to increase safety.

• Never Overload the Vehicle – Vehicles with heavier weight than their design suffered decrease stability on the roadway. Pickup trucks and SUVs tend to be more dangerous to operate when loaded then when empty. To increase stability, evenly distribute heavy cargo by positioning it near the center the vehicle and low to the floor.

• Check Your Speed – Operating the vehicle at a faster speed increases its potential of being involved in a rollover. In fact, excessive speed is involved in approximately four out of every 10 fatal vehicle rollover accidents.

• Increase Your Awareness – undivided highways and rural roads without barriers contribute to the potential of a rollover accident, especially when vehicles are traveling 55 miles an hour or greater. When driving in these areas, increase your awareness and lower your speed to minimize the potential of rolling over.

• Avoid Panic Reactions – Quick reactions or panic movements tend to cause a steering overcorrection. When this maneuver happens at high speed, it easily increases the potential of a rollover. If leaving the road unexpectedly is unavoidable, gradually reduce the vehicles speed before slowly easing back up onto the road.

• Avoid Distractions – Before leaving for your destination, it is imperative to turn off all devices inside the vehicle that could distract you from driving. Turn off smart phones and tablets or set the ringer to vibrate until a vehicle arrives at its destination. If using GPS navigation, input the information before leaving to avoid being distracted while moving.

Driving defensively in Rhode Island

Driving your vehicle takes focus and concentration. It is imperative to watch the roadway to drive defensively and safely. Staying active behind the wheel keeps you, passengers in the vehicle out of trouble and minimizes the potential of being involved in a rollover.

If you have suffered serious injuries in a Providence Rhode Island vehicle or car accident involved in a rollover, is essential to contact a reputable Rhode Island personal injury attorney experiencing handling these complex legal cases. Rollover vehicle accident claims and lawsuits in Providence Superior Court are usually accepted on contingency and all legal out of pocket costs are paid through a jury award or out of court settlement. Reputable RI law firms will offer a free initial consultation to provide answers to questions concerning your claim. An aggressive Rhode Island car accident attorney working on your behalf will ensure you receive the compensation you deserve.

“By far the largest number of motor vehicle crash deaths are occupants of passenger vehicles including cars, minivans, pickups, SUVs and cargo/large passenger vans. The likelihood of crash death varies markedly among these vehicle types according to size. Small/light vehicles have less structure and size to absorb crash energy, so crash forces on occupants will be higher. People in lighter vehicles are at a disadvantage in collisions with heavier vehicles. 1 Pickups and SUVs are proportionally more likely than cars to be in fatal single-vehicle crashes, especially rollovers. However, pickups and SUVs generally are heavier than cars, so occupant deaths in SUVs and pickups are less likely to occur in multiple-vehicle crashes.” Insurance Institute for highway safety , Fatality Stats- General statistics, Crashes took 32,675 lives in the U.S. in 2014. iihs

Rhode Island Criminal Defense Lawyer | Slepkow Law

January 3, 2024 By David

Rhode Island criminal lawyer

Rhode Island Criminal Lawyer, David Slepkow, aggressively and effectively represents clients in RI Criminal Misdemeanors. David represents clients in the following types of Criminal Law Matters:

Domestic Assault
Disorderly Conduct
Vandalism
DUI / DWI,
Breathalyzer Refusal
Simple Assault
Shoplifting
Writing Bad Checks
Probation Violations
Larceny
Obtaining Money Under False Pretenses
Violation of No Contact Orders
Violation of Restraining Orders
Expungements

Experienced RI Criminal Defense Lawyer, David Slepkow prides himself on providing aggressive representation to his clients. David Slepkow also concentrates in Rhode Island Divorce and Family law. Many criminal matters are intertwined with divorce and family law.

David uses his extensive experience to help his clients with Criminal matters related to the Family relationship. Please email David Slepkow for any questions or inquiries.Rhode Island Criminal Attorney David Slepkow has Authored Numerous in Depth Articles Concerning Rhode Island Criminal Law.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice

Drag Racing Accident in RI | Fatal Drag Racing Accident Lawyer

December 14, 2023 By David

Driving is a privilege. It is also a responsibility. Drag racing is one of the biggest wrongs against that privilege. When a person gets a driver’s license, they are making a contract with the law and with the public that they will conduct their vehicle in harmony with traffic and safety laws.

Drag Racing Accident in RI

When reckless drivers break that contract by engaging in conduct like drag racing, they put their lives and the lives of the people around them in danger. An example of this can be seen in an event that took place in the early part of June 2016. According to police who arrived on the scene, a 23-year-old man was driving his Camaro at high speeds drag racing another vehicle. According to the reports of witnesses, the Camaro began to spin out of control and entered oncoming traffic. As a result, a 17-year-old passenger in the vehicle suffered fatal injuries, and the driver sustained life-threatening injuries.

Drag racing wrecks are not isolated

This incident is far from isolated. In fact, according to a report that was published by the National Highway Safety Administration, between 2001 in 2008, more than 1,047 people were killed in drag racing style accidents. This number is a lot higher than most people realize because accidents connected to drag racing are not something that most people think about until a family member is involved.

Broken bones, loss of limbs, and paralysis

Victims of an automobile accident resulting from drag racing may be entitled to compensation for their medical bills, lost wages, and other expenses connected to the accident. Medical expenses could include compensation for things as minor as cuts and bruises or something as serious as broken bones, loss of limbs, and paralysis. If as a result of the accident you require physical therapy, consultations with healthcare professionals, or you need to use and purchase accessories like crutches or heating pads, you might be compensated for these as well.

Injuries as a result of RI drag racing crash

Pain and suffering describes mental and physical injuries resulting from the accident. The damages awarded in these cases vary depending on the severity of the injury you receive. Pain and suffering compensation may include damages for the anxiety and stress you feel, including the post-traumatic stress that accidents can generate.

In the tragic event that a car accident resulted in fatality, surviving members may claim loss of society and companionship damages, and they can also seek compensation to cover funeral costs and loss of future wages. When a person gets behind the wheel of their vehicle, they have a responsibility to conduct that vehicle in the safest way possible. Ignoring that responsibility is negligent and maybe criminal. If you or a family members have been injured in an automobile accident as a result of drag racing, talk to our Rhode Island personal injury attorneys and let us work with you to determine what your options are.

Finding the Best Rhode Island Workers Compensation Lawyer

December 14, 2023 By David

Rhode Island workers compensation attorney

Workers comp lawyers in RI

If you have been involved in a work-related accident in Rhode Island and suffered injuries, you have likely filed a workers’ compensation claim. The amount of funds you received probably covered your time away from work and the cost of ongoing medical expenses. However, there are often available options to file claims for additional compensation above the minimal pay obtained through workers’ comp. It is important that a victim find the best workers compensation lawyer in Rhode Island.

RI workers compensation

In many incidences, when employees are hurt in an accident on the job, they often assume they will be protected by the law and fairly compensated for their losses. Unfortunately, the amount of funds obtained through workers’ compensation are usually only enough to pay for medical bills and lost wages. In many incidences, injured victims receive minimal benefits that are often not adequate enough to support their family as they heal. However, there may be additional benefits available through filing a claim against third parties that might also be responsible for your injuries. Only a skilled Rhode Island personal injury attorney can determine that for sure.

Filing Additional Claims over and above Comp

If your work site injuries were caused by the negligence, abuse or reckless actions of parties other than your employer, you are likely entitled to file a third party negligence claim in Providence Superior Court. Third party liability happens when a Rhode Island worker is injured while performing their job or suffers from a job-related illness. If people or entities other than your employer caused your injuries, you can likely file a claim against them for compensation.

Rhode Island workers compensation lawyer

Filing a third party claim over an accident occurring while working might involve negligence by subcontractors, contractors, vendors or other companies. If so, you can file a claim in Rhode island courts against all responsible parties to obtain full financial recovery over and above your workers’ compensation benefits. This is advantageous because workers’ compensation in RI does not pay for pain, suffering, anxiety and other compensatory damages. If the negligence was egregious, a Rhode Island personal injury attorney might be able to fight for punitive damages as a way to punish those that caused you harm. Be careful some, RI workers compensation paper pushing lawyers are not experienced in handling the complexities of a negligence cause of action in Providence Superior Court.

Third party negligence lawsuit

The Need for a Rhode Island workers compensation Attorney who also litigates third party negligence causes of action. Handling your third party claim can be a complicated process that often requires the skills of a competent Providence personal injury attorney who specializes in work-related accidents. Many times, defendants in a third party claim will point fingers at employers or other entities as a way to avoid paying compensation to the victim.

Skilled personal injury attorneys in Rhode Island will use state tort law to build a solid case for compensation in a successful third party claim. The RI personal injury lawyers will investigate the claim to hold everyone at fault accountable for your injuries. A RI workers compensation attorney might be able to determine the potential of your claim by proving:

• Your Driving Accident Involved Other Parties – A RI car accident attorney might show that your injuries are the result of a vehicle accident occurring while you were working. This could mean you could file additional claims against the insurance policy of the other drivers involved in the accident. You might also be able to file a claim against an automobile manufacturer if it is determine the accident was caused by a defect.

• Other Contractors Caused Your Injury – It might be that your construction site or work site accident involved a slip and fall because other contractors failed to maintain a clean work environment.

• Other Parties Caused Your Work-Related Illness – If you are suffering from a work-related illness like mesothelioma caused by exposure to asbestos or other hazardous materials, you might be able to file a claim against property owners, building contractors or others.

• Defective Machinery Caused Your Injuries – If your injuries were caused while using defective machinery, you are likely entitled to file a claim against the equipment manufacturer or leasing company if the machinery was rented.

Filing a third-party claim against all responsible parties might be the only opportunity you have to seek justice. It is essential to hire a skilled Rhode Island workers compensation lawyer who can handle your case.

RI Texting While Driving Accident Attorney | Slepkow Law

December 14, 2023 By David

Texting while driving accidents in RI Sending or receiving a text message in Rhode Island and Providence Plantations when driving is a reckless action that often leads to a serious RI car accident with injuries or fatalities. Any motorist texting while driving in Rhode Island is threatening their safety, and the safety of their passengers and other motorists, cyclists and pedestrians on the roadway.

RI texting while driving injury attorney

If you were injured in a distracted driving car accident in Rhode island, it is crucial that you retain a RI texting while driving accident attorney. A good Rhode Island texting while driving lawyer will help you get the compensation that you deserve. Make sure that the Providence Personal Injury attorney or Rhode Island car accident lawyers are also known as RI texting and driving personal injury attorneys.

Five million vehicle collisions every year

There are well over five million vehicle collisions every year with a high number involving texting while driving. Statistics from the National Highway Traffic Safety Administration (NHTSA) indicate that one out of every four vehicle accidents in 2011 involved cell phone calls and texting. The CDC (Centers for Disease Control and Prevention) claims distracted driving is a leading cause of many accidents on the roadway. Those numbers translate into more than 1000 motorists and passengers suffering injuries, and nearly 10 fatalities every day.

“The percentage of drivers text-messaging or visibly manipulating handheld devices increased from 1.7 percent in 2013 to 2.2 percent in 2014. Since 2007, young drivers (age 16 to 24) have been observed manipulating electronic devices at higher rates than older drivers. (NHTSA)” Distraction

The Problem with Texting while driving in Rhode Island

Distraction when operating a motor vehicle can involve three specific actions, including:

• A visual distraction when you divert your eyes from the roadway
• A manual distraction when you remove your hands from the wheel
• A cognitive distraction when you avert your attention away from driving

Unfortunately, texting involves all three of these distractions, which significantly increases the potential of being involved in a serious accident. In addition, the driver’s attention is often diverted for a significantly long time when sending or reading a text message. While diverting the eyes and sending a text message the vehicle at 55 mph can travel more than 300 feet, or the distance of a football field without the driver’s attention on the roadway.

Motorist that send or read text messages while driving are often compared to a drunk driver due to their inability to keep the vehicle on the road. The risky driving behavior behind the wheel is often exacerbated by inexperience, especially in drivers 20 years or younger. Sending or receiving text messages when operating a vehicle increases the potential of being involved in a crash by more than 2300 percent. This number is important because driving remains the leading cause of death for young individuals involved in vehicle crashes.

Avoid Texting While Driving in Rhode Island

Avoiding a “texting while driving” car accident is not difficult when the proper steps are taken. Drivers challenged to stop the habit of texting need to take specific action. The tips below can help.

• Put your mobile device out of your reach
• Turn the cell phone to silent or turn it off to avoid hearing the ring or feeling its vibration
• Download software applications designed to prevent drivers from sending or receiving messages when operating the vehicle
• Refrain from returning text messages
• Refrain from texting those you know are driving
• Assign a designated “texter” inside the vehicle that can respond to messages and answer calls while you drive

Using the steps above can make you a safer driver and prevent you from injuring others if you use your phone when driving. In addition to facing criminal charges, the distracted driver is often sued by those who have been injured or suffer damages caused by their negligence. Victims of serious car accidents involving injuries or death caused by a distracted driver often hire Rhode Island vehicle accident personal injury lawyers to file lawsuits against the responsible parties.

RI Distracted Driving Accident A Warwick, Rhode Island Police officer resigned from the police Department after allegations of irregularities in a car accident police report came to light. Other Warwick Police Officer have been implicated in an alleged cover-up of the Motor Vehicle collision. The incident in question involved a head on crash in which a Warwick Police Officer, motorist was allegedly texting while driving at the time of the mishap. Thankfully, no one was seriously injured or killed as a result of the RI distracted driving automobile accident. In fact, no one even received minor injuries or whiplash in this pick-up truck and car crash.

A 911 call- a pickup truck crash

It all started when a 911 call was made to the Warwick RI police reporting “a pickup truck driving on the wrong side of the road on Warwick Avenue near Benny’s and Pilgrim Parkway.” Projo article A couple of minutes after the 911 call, there was a head on wreck caused by a motorist operating his vehicle on the wrong side of the street.

“According to that first police report, Zachary Davis, 31, Warwick, drove a pickup truck “on the wrong side” of Warwick Avenue near Toledo Avenue on December 17 just before 10 at night, and hit a car driven by a Riverside woman. No one was injured, but Warwick Police Chief Colonel Stephen McCartney said his department reviewed the incident after the driver of the car asked about the details in the first police report.” WPRI

Police report cover-up | texting while driving

After a detailed investigation into the Warwick wrong side of the road accident via an internal police investigation, new details emerged concerning the incident and the responsible motorist “drinking just prior to the crash.” wpri The second report also states that Davis was heard in an audio recording to the Warwick Police Department “slurring his words and thick tongue speech while speaking with the dispatcher.” Also added to the second report in the “Driver Distracted” field was a statement that Davis “acknowledged using his cell phone for text messaging just prior to the crash.” wpri

“A cover-up is an attempt, whether successful or not, to conceal evidence of wrongdoing, error, incompetence or other embarrassing information. In a passive cover-up, information is simply not provided; in an active cover-up, deception is used.” wikipedia

texting while driving

The first police report did not indicate that the pickup truck operator was texting at or near the moment of the crash nor did it indicate that the at fault motorist had been drinking alcohol prior to the head on collision. The first police report did not indicate that the wrong side of the street driver was distracted at the time of the auto collision. After a detailed investigation into the Warwick wrong side of the road accident via an internal police investigation, new details emerged concerning the incident and the responsible motorist “drinking just prior to the crash.” Id.

Wrong way and wrong side of the road accidents are a major problem in our society today.

What makes these accidents even more tragic is that they are often caused by reckless driving, distracted driving or drunk / impaired operation of a motor vehicle. “Wrong-way collisions occur relatively infrequently, accounting for only about 3 percent of accidents on high-speed divided highways, but they are much more likely to result in fatal and serious injuries than are other types of highway accidents.” NTSB

The Government lists the following types of distracted driving including texting while driving:

“Texting Using a cell phone or smartphone: Eating and drinking, Talking to passengers, Grooming, Reading including maps, Using a navigation system, Watching a video, Adjusting a radio, CD player, or MP3 player” Distraction

“In 2010, near Munfordville, Kentucky, a truck-tractor in combination with a 53-foot-long trailer, left its lane, crossed the median, and collided with a 15-passenger van. The truck driver failed to maintain control of his vehicle because he was distracted by use of his cell-phone. The accident resulted in 11 fatalities.” NTSB

Post by Rhode Island Personal injury Attorney, David Slepkow who is Located in East Providence RI

Rhode Island Deck Collapse Lawyer | RI Porch Railing Failure Attorney

December 14, 2023 By David

Rhode Island deck collapse lawyer

Porches, balconies and decks offer an enjoyable space for entertaining and mingling with friends. Individuals spending time outdoors on a balcony, porch or deck automatically assume that it is structurally sound and safe to support their weight. Deck collapse and porch collapse are very serious issues in Rhode Island and Massachusetts and the injured victims need to seek the best deck collapse attorneys.

Rhode Island deck collapse lawyer

However, if the porch collapses or the railing fails the end result can be catastrophic. This is because these types of Providence, Woonsocket, Central falls or Warwick accidents often cause serious injuries including head trauma, broken bones, spinal cord injury, disfigurement, torn ligaments and damage to internal organs. In some cases, a porch railing failure accident or collapsed porch or deck collapse can be fatal if the victim becomes covered under a massive amount of heavy debris or falls from a great height.

Rhode Island Porch Railing Failure Attorney

These types of serious accidents and mishaps can happen on public property, commercial buildings and residential homes. Porch collapses and deck collapse in Rhode Island and Massachusetts are caused by various factors including defective design, shoddy construction, rotting wood or lack of maintenance by the contractor, site manager or property owner. These cases often involve premises liability when others responsible for the property are negligent in their actions or inaction a creating a safe environment. A poor design, inadequate construction and lack of maintaining the building can cause various problems on the deck or porch under certain circumstances, which often include:

• A building violation
• Structural defect or design flaw
• Overcrowding
• Inadequate supports
• Decaying wood on the porch’s structural supports
• Rotting handrail
• Rusty fasteners or nails
• Weakened beams
• Defective components
• Decomposing flooring material caused by weather conditions or termites
• Deterioration of the building’s foundation
• Unnatural accumulation of ice and snow
• Failure to adequately maintain or repair the premises

Determining fault in Providence Superior Court deck collapse injury case

If you, or a loved one, have suffered serious injuries in a porch collapse or failing porch railing, hiring the skills of a RI or MA premises liability attorney may help. By law, the property owner, manager and others in charge of maintaining the premises are legally bound to ensure everyone’s safety. This means the decks, balconies and porches must remain clear of obstacles and other debris. In addition, all supported structures must be properly designed to accommodate normal weight loads when the porch is used as it is designed.

When a serious accident occurs in Rhode island or Mass., the victim seeking financial compensation through a claim or lawsuit must prove which parties are at fault for their injuries and losses. However, this is a complicated process that often requires the skills of a seasoned RI personal injury attorney who specializes in premises liability cases in Rhode island. The East Providence, Rhode Island lawyer must have a comprehensive understanding of civil procedure, the statute of limitations and filing a claim for recompense.

A personal injury attorney in RI can use proven methods to determine if the business owner, landlord, property owner, lessee or others have a legal duty to ensure that the premises remained safe for all visitors, tenants and guests. Under certain situations, the responsibility might be shared by multiple parties. Through experience and knowledge of state civil tort law, the Pawtucket, East Greenwich or Barrington attorney working on behalf of the victim may build the case on:

• Premises liability
• Negligence
• State construction accident laws
• Wrongful death

Proving the deck collapse case

A MA or RI lawyer fighting on behalf of the victim will file a premises liability claim or lawsuit based on the duty of the property owner or occupier. To be successful, the Rhode Island defective stairs lawyer must show specific elements of the claim including:

• The property owner, property manager or occupier knew, or should have reasonably expected, that the condition could occur
• Individuals, businesses and entities in charge of the property failed to provide the victim a safe environment, which led to their injuries or death
• The victim’s injuries, losses and damages are real

“• 6/11/2012 Manchester, N.H.: Portable classroom trailers at five city schools were closed after children were injured when a wooden platform attached to a trailer collapsed at one school.
• 5/19/2012 Ashland, N.H.: Rear deck porch collapse
• 5/2012 Churubusco, Ind.: A report of a collapse at a pre-prom gathering where 12 teenagers tumbled.
• 9/20/2011 Castleton, Vt.: Seven Castleton State College students were injured when a deck holding revelers collapsed.
• 9/26/2004 Milford, Conn.: Eight people were injured, including a soon-to-be bride, when a deck at the back of a house “collapsed like a house of cards.” Recent Study Reveals Dramatic Increases In Collapses And Failures Of Decks And Balconies The Jere Beasley Report

The insurance defense deck collapse attorneys will seek to establish that:

• The victim was aware that the dangerous condition existed before the accident
• The dangerous condition was obvious to the victim prior to the RI stair accident

These types of cases are handled on contingency, meaning the victim is not required to make an upfront payment for legal services. The personal injury law firm in Rhode Island handling the porch collapse case or lawsuit will be paid from a successful jury trial award or through a negotiated out of court settlement.

Rhode Island Motorcycle Accident Lawyer | RI Bike Crash Attorney

December 14, 2023 By David

A Rhode Island accident involving a motorcycle is usually much different from most common vehicle collisions. This is because the motorcyclist is often propelled from the bike during the accident, landing on the hard roadway or hitting other vehicles. The severe trajectory often causes catastrophic results involving significant injuries and sometimes death. If you were injured in a Providence motorcycle crash or a motorcycle wreck in Rhode Island then contact one of the best Rhode Island motorcycle accident lawyer.

Rhode Island motorcycle accident lawyer

Rhode Island Motorcycle accident Lawyer

According to the National Highway Traffic Safety Administration (NHTSA) there are more than 100,000 accidents involving motorcycles in the United States every year. In most incidences, the accidents are the result of other motorists not seeing the motorcycle on the roadway or making irrational driving decisions when operating their vehicle around the bike.

Injured motorcyclist

In most situations, the injured motorcyclist is entitled to receive financial compensation from the drivers at fault for the accident to cover their injuries. However, the amount obtained in an out-of-court settlement is determined by severity of the injuries sustained and the skills of the RI motorcycle accident attorney or RI wrongful death lawyer representing the victim or the victims family. Insurance policy limitations might also affect the ultimate outcome.

“In 2014 motorcycle fatalities fell 2.3 percent to 4,586 from 4,692 in 2013. This was the second decrease in motorcyclist fatalities since 2009. In 2013, 56 out of every 100,000 registered motorcycles was involved in a fatal crash, compared with only 9 out of every 100,000 passenger cars, according to the National Highway Traffic Safety Administration (NHTSA). In 2013 motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured, according to NHTSA.” Insurance information institute

Hiring a Rhode Island motorcycle accident lawyer

For most motorcycle riders injured in a vehicle accident, it is essential to consider hiring a Providence personal injury attorney who specializes in RI motorcycle accident claims. This is because obtaining compensation can be complex. In most scenarios, the motorcyclist has to overcome the stereotype of being an unruly rider handling the bike by disobeying the rules of the road.

Insurance carriers often make it difficult to recoup medical expenses, lost wages, pain and suffering endured by the motorcycle rider filing a claim. In many incidences, claims adjusters will attempt to deflect responsibility for the accident onto the biker and away from the motorist or large truck driver truly at fault. The insurance company will often send out case investigators to collect evidence of the accident scene and use the information to attempt to minimize or eliminate the final settlement amount. However, hiring a Rhode Island motorcycle accident attorney can circumvent this process. A skilled Rhode Island Personal injury lawyer can dispute any charge by the defendant upon this insurance company. In addition, the attorney can provide an aggressive successful legal defense to obtain adequate recompense for the injured motorcyclists.

Sadly, many motorcycle accidents in RI are fatal necessitating wrongful death litigation in Providence Superior Court. A deadly accident claim must be pursued by the executor or administrator of the estate of the person killed in the deadly crash.

The Need for Compensation

Injuries sustained in a Rhode Island motorcycle accident are often devastating and permanent. In many incidences, the biker is left with life altering changes that require learning to walk again, or accepting the fact that will never be able to walk again. Skilled RI bike crash attorneys handling motorcycle claims often represent clients who have suffered serious injuries that include:

• Traumatic brain injuries (TBI) and head injury causing permanent damage
• Permanent or temporary paralysis including quadriplegia & paraplegia
• Spinal cord injury
• Permanent organ damage
• Disfigurement and scarring
• Leg, ankle and knee injuries
• Neck and head injuries
• Arm and hand injuries
• Amputation

Preparing the motorcycle crash case

To be successful in obtaining financial compensation, the skilled RI injury attorney will need to prepare the claim for negotiation with the insurance company or to take the case to trial. The motorcycle accident attorney in Rhode Island will need to prove the case’s validity by determining three specific factors including:

• The other motorist responsible for the accident acted negligently
• The other motorists at fault for the accident had the responsibility to avoid hurting the motorcyclist
• The injuries sustained by the motorcyclist are the direct result of the other driver’s negligence. In addition, the injuries have generated monetary damages including lost wages, medical expenses or non-monetary damages including pain, suffering, emotional distress or anxiety

Connection between motorcycle accident and divorce

Motorcycle accident

The motorcycle accident 2010 statistics are filled with this type of motorcycle accident death news that shows how many bikers were killed. This does not include the motorcyclist that was traveling at high speed or that was doing some maneuvers that led to the crash. Instead it is outside circumstances led to the accident resulting in death.

39 percent of motorcyclists killed not wearing helmets

“According to the latest data available from the Federal Highway Administration, there were 8.4 million private and commercial motorcycles on U.S. roads in 2014, compared with 8.0 million in 2009. 2014 Crash Data: According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), in 2014, 4,586 people died in motorcycle crashes, down 2.3 percent from 4,692 in 2013. In 2014, 39 percent of those motorcyclists killed were not wearing helmets, down from 41 percent in 2013. In 2014, 92,000 motorcyclists were injured, up 4.5 percent from 88,000 in 2013, almost as many as the 93,000 injured in 2012. 2013 Crash Data: According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), in 2013, 4,668 people died in motorcycle crashes, down 6.4 percent from 4,986 in 2012. According to the latest data available from the Federal Highway Administration, there were 8.4 million private and commercial motorcycles on U.S. roads in 2013, compared with 8.0 million in 2009.Over the nine years from 2004 to 2013, fatalities among the 40-and-older age group increased by 39 percent, according to NHTSA, compared to 16 percent for all ages. Motorcyclists were about 26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled in 2013 and five times more likely to be injured, according to NHTSA. The fatality rate per registered vehicle for motorcyclists in 2013 was six times the fatality rate for passenger car occupants, according to NHTSA.” iii.org

The United States Center for Disease Control strongly recommends helmets to prevent fatal motorcycle accidents as well as brain injuries in Rhode Island (RI) and across the United States. The CDC recommends universal helmet laws for all motorcyclists. Helmets also prevent severe econcussions resulting from motor vehicle and car accidents in Rhode Island

“…the National Highway Traffic Safety
Administration (NHTSA) has estimated helmets to be
about 37 percent effective in preventing fatalities” NHTSA

Thankfully, the word is getting out. According to the NHTSB, helmet use increased from 48 percent in 2005 to 67 percent in 2009, a 19 percent increase. Helmets reduce motorcycle accident deaths and lead to a decrease in traumatic head injuries as a result of bike collisions!

However, In Rhode Island not all bikers are required to wear helmets while operating their motorcycle. RI Law § 31-10.1-4 sets forth the RI Motorcycle Helmet Law Required equipment by stating in pertinent part “… Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1, to wear a helmet of a type approved by said administrator”

The CDC also recommends basic safety precautions for RI bikers and bikers across the nation. These safety precautions include:

“Wear protective clothing that provides some level of injury protection. Upper body clothing should also include bright colors or reflective materials, so that other motorists can more easily see you.”
“Maintain a safe speed and exercise caution when traveling over slippery surfaces or gravel.“

The National Highway Safety Administration emphasizes the need for motor vehicle operators to “share the road” with motorcycles and bikes.

If you or a loved one was injured in a bike crash in Rhode Island or Massachusetts, please contact Attorney David Slepkow at 401-213-8073. It is important that an injured victim retain a RI Motorcycle Accident Attorney or a Providence Personal Injury Lawyer. In the event of a fatal RI Bike crash then contact a Providence Wrongful Death Attorney.

Motorcycle Crash Statistics:

2001-2008; 34,000 fatal deaths related to motorcycle accidents
over 1.2 million non-deadly injuries treated in emergency rooms
Most fatalities and injuries were from 20-24 year old age group
Bike crash death rates increased over 50 percent from 2001- to 2002

“In 2010, 4,502 motorcyclists were killed—a slight increase from the 4,469 motorcyclists killed in 2009. There were 82,000 motorcyclists injured during 2010, a decrease from 90,000 in 2009.”

Rhode Island Helmet Law As the weather gets warmer, we see an increased number of motorcycles on the streets, roads and highways of Rhode Island and across the United States.

Motorcycle safety and helmet use

Sadly, the increased prevalence of bikes on the highways and through streets of Rhode Island and Southeastern Massachusetts (MA) results in an increased amount of serious motorcycle accidents with cars resulting in personal injury as well as fatal motorcycle wrecks. Motorcycle helmets as well as proper motorcycle safety gear can prevent serious injuries, traumatic head injuries and fatalities. Sadly and unbelievably, only half of the States mandate helmets for ALL cyclists! GHSA

RI has no universal motorcycle law

Rhode Island is not one of those states that requires universal helmet use among ALL scooter, chopper*, cycle and motorcycle drivers. Unbelievably, three states have no helmet laws for bikers! The States of Illinois, Iowa and New Hampshire have absolutely no LAWS requiring helmet usage to prevent serious injury in a Motor Bike accident!! Id. It is difficult to understand how people can still engage in motorcycling without proper protective gear such as helmets.

Injury attorney Lapin speaks out

According to Nebraska Motorcycle accident Attorney, Jeff Lapin “The statistics are alarming for accidents caused by driver distraction. “Distracted driving” is usually defined as “any cognitive, manual and/or visual non-driving activity that diverts a driver’s attention away from driving.”

The states who do not require helmets for ALL motorcyclists, bikers and scooter operators largely mandate helmets for younger or inexperienced motorcycle operators. ID

Rhode Island falls within the states that do not require all motorcyclists to wear a protective helmet. Rhode Island Motorcycle Helmet law: § 31-10.1-4 Required Equipment. -“. Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1, to wear a helmet of a type approved by said administrator.”

RI motorcycle helmet law

RI has a penalty of $85 for a violation of its helmet ordinances if a cyclist (operator) is caught driving with no motorcycle helmet. R.I.G.L 31-10.1-4 A motorcycle passenger will also be $85 lighter in the wallet for not wearing a helmet while riding on a motorcycle. RI Law 31-10.1-6 We all know that individual motorized transportation is very popular in RI, the capital city of Rhode Island, Providence, and across the world. Sadly, there are hundreds of motorcycle accidents in Rhode Island each year causing injuries and even death.

If you were injured in a RI Motorcycle accident, please contact a RI bike accident attorney or Rhode Island motorcycle accident attorney. If your loved one, spouse or husband was killed in a fatal motorcycle collision then contact a Rhode Island wrongful death lawyer.

A skilled East Providence personal injury attorney or Rhode Island wrongful death attorney who specializes in motorcycle accidents will use proven methods to determine the actual value of the case. The Warwick, Cranston, Woonsocket or Pawtucket lawyer will gather all the necessary evidence to determine what the parties are at fault before negotiating a financial settlement with all parties responsible for the accident. If necessary, the RI motorcycle accident lawyer will build the case to take the trial in the event that an adequate settlement cannot be reached.

Rhode Island Expungement Lawyer | Expunge Dismissed Records

December 13, 2023 By David

Rhode Island expungement lawyer

This expungement law article concerning sealing dismissals was authored by a Rhode Island expungement lawyer. Wrongly accused defendants should expunge / seal all criminal offense dismissals and not guilty after trial verdicts in Rhode Island! All dismissals and not guilty verdicts in Rhode Island should be expunged! This includes both felony and criminal Misdemeanor dismissals in RI. All criminal records are bad records! Expungement is the process in which criminal records are either destroyed or sealed. Essentially an expungement erases criminal records for most purposes.

Rhode Island expungement lawyer

You cannot expunge a dismissal or not guilty finding without filing a motion and without a brief court hearing! People often ask: “If the case was dismissed why should I get it expunged?” The answer is simple. A dismissed or not guilty verdict stays on your record! A negative criminal record could affect your ability to find employment, obtain a promotion or may harm your reputation socially.

A not guilty finding occurs after a judge or jury determines that you are not guilty after a trial. Cases in which there was no information should also be expunged.

Dismissed records are visible to public

Nobody wants their friends, colleagues or others fishing around looking into old police reports and records when the case was dismissed. In Rhode Island all criminal records can be viewed by the general public at Courtconnect.courts.state.ri.us People tend to wrongly assume that if you were charged with a crime that you must be a bad apple. People assume that you must have been guilty, even if the case was dismissed! People assume that you must have ‘got off’ on a technicality.

Domestic records problematic

If it was a domestic case (such as domestic assault, domestic vandalism or domestic disorderly conduct) was dismissed then people often assume that the case was dismissed because the alleged victim, girlfriend or wife was too afraid to go forward or was financially dependent on the accused.It is rare that people assume that the case was dismissed because the suspect didn’t do anything, was wrongly accused or was actually innocent!

In this me too moment, the public has been conditioned to believe that all domestic charges are valid and if the case was dismissed it is part of a larger societal problem of domestic violence victims too embarrassed or afraid to go forward and testify.

Dismissals and not guilty findings can also effect how police perceive and treat an accused in the future. For example, if the police pull over your car they may be more likely to conduct a search if you have a criminal history even if those cases were dismissed. If another domestic incident / allegation occurs, you may be more likely to be arrested because of the negative implications of a dismissal. Potential spouses may review your criminal record before dating.

Another reason to expunge a dismissal is because if you are later convicted of a felony you may not be able to expunge the dismissal. A person with a felony conviction cannot have a not guilty finding or dismissal expunged. One year filings should also be expunged by a Rhode Island criminal lawyer at the end of the year. Dismissals that were never expunged can come back to haunt someone in a divorce, child custody or family law case. A spouse can seek to use the criminal record of dismissal to get an advantage in a divorce or child custody case in Family Court.

A dismissed charge cannot be sealed if you have a felony conviction on your record

For purposes of sealing a dismissal, a ‘felony conviction’ means a suspended sentence, fine, term of jail or home confinement.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

The Intersection of Divorce, Family Law & Criminal Law in RI

December 13, 2023 By David

Divorce and criminal law in RI

A Rhode Island criminal domestic misdemeanor or felony case is often intertwined with complex issues concerning family law, child custody, child support, visitation, restraining orders and divorce. A Rhode Island family law case is often intertwined with criminal law issues. In some cases there are three cases or more proceeding at the same time: a criminal case, a complaint protection from abuse and a divorce. There also may be a DCYF, child support case, paternity proceeding or juvenile proceeding pending. This article applies to misdemeanor criminal charges.

Domestic misdemeanor in RI

A misdemeanor is considered domestic if it involves certain family member, a spouse, girlfriend or boyfriend. An assault, disorderly conduct, larceny and other criminal charges can all be charged as domestic offenses. Therefore, if there is a domestic violence component to an assault case, the case will be charged as a domestic assault rather than just an assault.

In the event that a person is charged with a domestic offense, a no contact order will issue. The No Contact order will preclude the accused from having any contact with the victim, his or her spouse or significant other. A no contact order often reeks havoc upon the family unit especially when the parties are married or have children. The police will remove the accused from his or her residence. This removal creates a whole new set of challenges for the family. In many instances, the accused is the sole support for the family. Also, there are often visitation issues that arise immediately. The accused often wants to visit his or her children.

The victim usually has her own opinions which may or may not include the desire for the accused to visit with the children. Furthermore, the accused often has the need and desire to obtain his or her personal belongings such as clothes, toiletries, tools, work items etc. Also, the victim may seek another restraining order from the family Court or District Court and may seek child support.

This article addresses the above mentioned complex issues and answers the following questions:

Should I get a Rhode Island Criminal lawyer or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?

An attorney is needed but not required. The old adage is that a person who acts as their own attorney has a fool for a client. Lawyers / attorneys are familiar with the legal process, the law, the judges and the legal system. In a criminal case you have a right to a free criminal lawyer from the Public Defender if you meet the income and eligibility requirements.

What is the difference between a domestic offense and a non domestic offense?

Any offense which is charged as a domestic offense is more serious than the same charge charged as a non domestic offense. Under Rhode Island (RI) law, a person who is found guilty of a domestic offense or who takes a nolo contendere plea with a sentence of filing, probation or suspended sentence must take batterers intervention classes. If found guilty of a domestic offense or if there is a plea bargain then a no contact order will enter automatically unless the victim is able to drop the no contact order.

A second conviction for a domestic offense in Rhode Island may lead to a minimum ten days at the aci! A third conviction for a domestic offense may be charged as a felony. Keep in mind that not all plea agreements constitute a criminal conviction. In RI any sentence with a suspended sentence, guilty finding, plea of guilty, fine or period of incarceration constitutes a criminal conviction. A nolo contendere plea with probation or filing with court costs does not constitute a conviction in Rhode island! A domestic conviction also will looks worse then a non domestic conviction on the accused’s record when seeking employment opportunities.

Also, sentencing is usually more harsh for domestic cases then a non domestic offense. Furthermore, in domestic cases a one year filing cannot be expunged at the end of the year. There is an additional two year waiting period to expunge a domestic filing. Please see my other article concerning Rhode Island misdemeanors for a comprehensive explanation of a one year filing in Rhode Island.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterer’s intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes, failure to pay restitution or failure to attend counseling could be considered a violation of probation, suspended sentence or a filing.

What is a no contact order?

In Rhode Island, A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street. A person can be arrested under Rhode Island law for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

Dropping / dismissing the no contact order

The police cannot drop a no contact order. Only a judge can drop a no contact order. The victim can attempt to drop the no contact order at the arraignment. Prior to approaching the judge at the arraignment, the victim must speak with the domestic violence counselor at Court. The judge may dismiss the no contact order at the arraignment.

However, in the event that the alleged abuse is severe or there is a documented history of abuse then the judge may refuse to drop the no contact order. The no contact order may not be dropped by the judge if the victim states that she is still afraid of the accused. It is much easier to drop the no contact order at the pretrial hearing then it is to drop it at the arraignment. Some judges are hesitant to drop the no contact order at the arraignment. The judge will typically ask the police who are present at the arraignment whether they have any objections to the no contact order being dropped

Can the victim dismiss the no contact order after the arraignment but before the pretrial conference?

In the event that the victim wants to drop the no contact order after the arraignment but before the pretrial the victim can go to the clerk and ask that the file be brought in front of the judge. After conferring with the domestic advocate the judge will rule on whether the no contact order will be dropped.

Can the no contact order be dropped at the pretrial conference?

The victim who wants to cancel the no contact order will have another opportunity at the pretrial conference. The pretrial conference is typically scheduled a couple of weeks after the arraignment. At the pretrial conference, the victim can approach the judge and again seek to have the no contact order dropped

Will the criminal judge in District Court resolve visitation or custody issues?

No.

The criminal Court will not get involved in any family related issues such as child custody, child support, alimony ,paternity, relocation out of state, equitable division of marital property, visitation, payment of marital bills, payment of mortgage, payment of credit cards, disposition of the marital real estate, etc. Those issues are the province of the Rhode Island Family Court not the District court !The District Court is where criminal misdemeanor cases are heard.

The Court has the power to order restitution to the victim for any actual damages suffered by the victim as a result of the crime such as destruction of property, medical bills, stolen funds etc.

The District Court in a criminal case cannot be involved in setting visitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

Obtaining personal belongings (property) when there is a no contact order.

There are several proper ways for an accused to obtain his / her personal belongings when there is a no contact order in effect. Personal belongings usually consists of personal property such as clothes, sneakers, uniforms, personal effects etc. The accused can contact the police department where the victim resides and seek to make arrangements to pick up personal belongings. The police will often escort the person to the home. The downside of this arrangement is that the police often are in a rush and enforce a severe draconian time limit.

If the accused has a private attorney, he can contact the victims attorney who can contact the victim to make arrangements . This can have its pitfalls because the victim may be hostile or the victim may have no interest in negotiating The accused can attempt to arrange to get his belongings through a third party. The accused must be careful not to violate the no contact order.

When does a no contact order in Rhode Island (RI) expire?

A no contact order expires when the sentence period is finished. A no contact order also expires if the case is dismissed or the defendant is found not guilty. The no contact order expires if the judge terminates the no contact order at the request of the victim.

Be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order!

What happens if a person on bail, probation, filing or suspended sentence violates a no contact order?

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order.

A violation of a no contact order is a crime in itself which is also a violation of the conditions of probation, filing or bail . A person on probation or bail can be held at the ACI if they are accused of violating a no-contact order. For example, if a person is on probation or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI.

A probationary period or filing period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode Island Family Court or restraining order in effect. A violation of a no contact order or a Family Court restraining order is a violation of probation.

A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI. As a result of a probation violation of violating a no contact order, a person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)

For Example, a person with probation may get themselves deeper into trouble when they resume communications or contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.

Rhode Island Family Court restraining orders: (1) Complaints Protection from Abuse and (2) ‘Civil restraining orders’ and how they relate to criminal law

A defendant must Be careful! There may be a separate order protection from abuse restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse. The Family Court has jurisdiction to issue an order protection from abuse restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

A protection from abuse case is not a criminal case. Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing. There are two types of Family Court restraining orders, “Complaint Protection from Abuse” and a civil restraining order. Both of these types of Restraining orders can be in addition to divorce proceedings.

Is Violating a Family Court restraining order which is not an order protection from abuse a crime?

No. A violation of a Family Court restraining order which is not a Complaint Protection from Abuse is not a crime. Violation of this type of order is punishable by contempt. However, If the restraining order contains language that violation of the order is a crime then there might be criminal implications.

Civil restraining orders are not nearly as effective as Complaint Protection from Abuse restraining orders. Civil Restraining orders are typically part of a divorce.

In a complaint protection from abuse case in Rhode Island can the Court get involved in child custody, visitation and child support.

Yes. In a Complaint Protection from Abuse case, the Family Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to surrender possession of all firearms / guns to the Police department.

Is a violation of a Rhode Island District Court abuse Restraining order a crime?

Yes.

When should a Restraining orders be filed in District Court?

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum.

If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the Family Court. A restraining order against a current roommate can be filed in District Court.

RI Superior Court Restraining orders:

If you are seeking a restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.

What is the difference between a restraining order and a no contact order?

A no Contact order is an order issued as a result of a criminal charge. A no Contact order issues at an arraignment either at the police station or at Court. Violation of a no contact order is a crime in itself and may constitute a violation of Probation or a filing. A no contact order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence. A Restraining order stays in effect until the date designated on the restraining order. A Restraining order will stay in effect even if the defendant is found not guilty or the criminal case is dismissed.

If there is a no contact order protecting me should I also obtain a restraining order ?

It Depends. A no contact order expires when a case is dismissed; a person is found not guilty or after any sentence expires. The No Contact order will expire when a probationary period or filing or suspended sentence is over. If you feel you need protection in case the no contact order expires and are in fear of the person then you may consider seeking a restraining order in addition to the no contact order. If there are issues concerning child support and visitation then you may want to seek a restraining order in addition to a no contact order!

Resolving issues concerning custody and visitation of children as well as divorce and family related matters when a criminal case is pending:

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations may occur at the Providence Family Court or may be supervised by a third party.

Can the defendant testify in The Complaint protection from abuse hearing when he or she has a pending criminal charge?

This is an important determination for the defendant. The defendant must consult with his / her attorney and weigh the pros and cons of testifying in the hearing. A defendant in a criminal case has the right to take the Fifth Amendment and not testify in the case. A defendant in a complaint protection from abuse case must be careful because any testimony in the abuse case can be used against the person in the criminal case. The defendant can seek to continue the abuse case until the criminal case is resolved.

What County in the Rhode Island Court system will criminal law and divorce cases be heard?

Al the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures. Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol, North Smithfield, Woonsocket and other towns and cities. Kent County includes Warwick & North kingston, East Greenwich as well as other towns. Newport County includes Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield etc.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, criminal law, restraining orders, child support, custody and visitation. David has been practicing for over 25 years and is licensed in Rhode Island and Massachusetts. Free initial consultations. Credit Cards Accepted.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.

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