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The Best Way to Confront Your Divorce in Providence

“I’m getting a divorce,” you tell yourself, almost in disbelief. “Where do I start? Will I be able to get custody of my own children?” As you start going through the complexities of divorce, it can be difficult to find the right answers in the midst of the emotional turmoil.

Courts in Providence strive for an equitable division, but this does not necessarily mean that you will be able to split everything 50/50. Much of this depends on certain factors such as pre-marital and marital agreements, child custody, child support, assets, alimony, etc. With all this at play, hiring a considerate and a strategically minded divorce lawyer is essential for a beneficial divorce settlement.

Although you may feel anger, betrayal, even rage – it is essential that you remain civil, yet cautious of your spouse. Gather all financial documentation, medical documentation, etc. This includes keeping documentation of all your correspondence with your spouse.  If they provide you with a written agreement, have it looked over thoroughly by a lawyer. Not only will you protect yourself, but a strategic Providence divorce lawyer will be able to use the language of the agreement to work in your favor.

If you wish to get alimony for reasons concerning salary, medical issues, or other legitimate reasons; keep in mind that there is a distinction between rehabilitative alimony and indefinite alimony. Since the court is trying to be as equitable as possible for both parties, alimony may only be provided only for a short amount of time as you get accustomed to your new lifestyle. Only in special medical cases can the alimony be indefinite.

If your main concern is child custody, which can affect your future relationship with you children, understand that the courts will determine the best possible situation for your child based on standard of living. If the initial decision is unfavorable, you will be able to apply for child custody modification after three years.

Despite the difficulties of a divorce, using the right strategies while remaining composed will allow you to leave the divorce better off than you were before.

What You Need to Do If You Have Been Charged with a Criminal Offense in Providence

“Crime doesn’t pay” is an adage often used to prevent crimes from being committed. Yet, it is an adage that plays with an assumption – that the people who commit crimes are doing so for selfish reasons that ultimately do not pan out. Often, crimes stem from a spur of the moment mistake. Or, perhaps, a situation in which the person felt that they didn’t have a choice. An experienced criminal attorney understands the mistake in this narrow perception of crime and does everything in his or her power to protect people from a lifetime of consequences.

The severity of the crime, misdemeanor or felony, will greatly influence the type of penalties you could face. Common criminal offenses are DUIs, domestic violence charges, drug offenses, shoplifting, assault, theft, arson, bribery, kidnapping, and murder. How do the courts determine which crimes warrant a felony or misdemeanor? In Providence, there are no “classes” of crimes that distinguish the severity of different crimes, but a simple rule: any crime that is punishable by more than one-year incarceration or a thousand-dollar fine is considered a felony. For many, this clear cut definition results in a felony on their criminal record.

For individuals who feel that they may be found guilty – “nolo contendre” filings are the best opportunity to prevent that. “Nolo contendre” translates to “no contest,” meaning that an individual can accept the punishment without a guilty plea on their record. With this, a defendant would only need to follow the conditions of the no contest filing in order to avoid a guilty verdict. However, keep in mind that this option is only available for first-time offenders or for misdemeanors. If the individual has been charged repeatedly, it may prove to be difficult to negotiate the “no contendre.”

With a strategic Providence criminal attorney, an individual charged with a crime can face their trial with the right tools to minimize the penalties if convicted.

Catastrophic Injuries: How to Get More Compensation in Providence

In one moment, a split-second even, your whole life can change. In most accidents, injuries heal, but not all of them. There are some accidents that will leave you partially or fully disabled for life, and that is unacceptable. The various types of catastrophic accidents include fires, toxic chemical exposure, electrocution, blunt force trauma, and amputations. The distinction between personal injuries and catastrophic injuries in Providence is that the catastrophic injury claims will need to cover current and future (permanent) disability. As you and your family adjust to the new lifestyle, it will be extremely important for you to find another source of funding to pay for medical bills, pain and suffering, and lost wages.

In these types of cases, it would seem obvious that you deserve compensation for suffering a horrible injury. A word of advice: be cautious in making this assumption. Although you will have strong feelings about receiving justice for your injuries, the courts will still need to focus on the facts of the case. No matter what, you and your attorney need to prove negligence beyond a reasonable doubt. Where they intoxicated? Speeding? Did they suffer from fatigue? Through the collection of police reports and witness statements, your Providence catastrophic injury claims attorney will be able to give you the support you need in order to comfortably transition into your new lifestyle.

Remember, the compensation you receive from the insurance company may not pay for everything – so what should you do? If applicable, file a third party lawsuit so that you can get an additional payout on top of the compensation that you have already received from the insurance company. Of course, this will still depend on the type of injury, but even roadway hazards can be evidence enough for you to get further compensation.

Dealing with a catastrophic injury can be stressful– but it doesn’t have to be. With the right Providence catastrophic injury claims attorney to handle your case, you can succeed.

Boating Accident Lawyer

One moment you are enjoying your time out on the water, the next you find yourself thrown out into that water– broken bones, unconsciousness and possible drowning. Boating accidents are especially traumatizing in that that you are out of your element. You are not in your natural environment but surrounded by water with tides, currents and inability to breathe if you go under. If you have been injured in a boating accident, or a loved one suffered the loss of life, then you need a boating accident lawyer to fight your case and get the compensation you rightfully deserve.

In Providence, there are specific boating factors such as policies on how the boat is maintained, qualifications/licenses in driving a boat, BUIs, and/or mechanical malfunctions that can significantly determine the direction of your case. Similar to car accidents or other personal injuries, there needs to be an investigation to gather evidence from the accident, speak to witnesses, collect police reports and look at the boat itself. During this process that you and your Providence boating accident lawyer will go through in the investigation, you need to remember to stick to the facts. Memories of the accident can trigger emotions, especially if it happened recently, so remember only to focus on the facts of the case. And also make sure that you document medical bills and your injuries to indicate to the courts the extent of the harm that the accident caused you.

Another reason you need to stick to the facts is that insurance companies are not on your side. Even when the injuries by which you have been afflicted are blatantly clear, insurance companies will try to use their correspondence with you to reduce your compensation. Keep to the facts that you can provide with documentation, and make sure that you are documenting the correspondence with the insurance adjuster so you can seek advice from your lawyer.  After a boating accident, you must be vigilant and careful. With the right tools at your disposal, you and your family will be able to receive the compensation you need to and move on with your life.

Injured in a Bike Accident? What You Need to Know

You don’t see it coming; you don’t have time to react, you don’t have the power to stop it. Getting hit by a car is, without a doubt, a traumatizing experience.  You would think that with the severity of possible negative repercussions, such as serious injury or death, drivers would be more careful when sharing the road with bicyclists and pedestrians. But in some cases, they’re not. Drivers frequently partake in driving habits such as illegal U-turns, not yielding, distracted driving, making unsafe turns, and drunk driving – leaving bicyclists concerned for their safety when out on the road. Keep in mind: bike accidents happen, but if you were involved, you have legal recourse. File a claim so you can get the compensation and justice you deserve.

One common concern is whether wearing a helmet at the time of the accident will determine the type of compensation you receive. Although it is the law in Providence to wear a helmet when bicycling, the courts will not use “comparative negligence” to deny or reduce your compensation if you were not wearing a helmet.

The greatest factor to consider when you are looking to attain justice for the accident is having sufficient proof that the vehicle driver was negligent. In most cases, you will have an advantage in court, one being “distracted driver laws.” These laws explicitly state that the driver must not read or send messages wirelessly while operating a motor vehicle, as well as wear earphones or headphones while on the freeway. Using witness statements, photo documentation and traffic cameras; you can prove beyond a reasonable doubt that it was the driver’s negligence that caused the accident.

It is important in lawsuits such as these to protect your interests by hiring a Providence bike accidents attorney. Ensuring that you have all your bases covered; from the scene of the accident to a thorough understanding of bike accident laws, you will be able to achieve justice for yourself.

Auto Accidents in Providence – How to Deal with an Insurance Adjuster

An auto accident has the potential to severely affect your life – but is doesn’t have to. Taking the rights steps to file a claim and find an experienced, tactful and considerate auto accident lawyer will help you get your life back on track.

Keep in mind that filing an auto accident claim and reaching a desired settlement compensation amount can be achieved through patience and strategy. After the accident, you need to report the accident to the insurance company immediately, so the insurance adjuster can determine your coverage. When talking to a Providence insurance adjuster, remain calm and only relay the facts of the accident. The insurance adjuster will want you to talk about your emotional or physical condition and interpret that information in a way that best suits the insurance company. Don’t give them any kind of impression. Let the insurance adjuster know that you will get back to them when you have the official documentation on what type of injury you sustained and how severe it is, from your own doctor.

The next, and most important step is to make sure you collect every possible piece of documentation relating to your auto accident. This means collecting witness information, medical reports, police reports, all your bills and other expenses, and any correspondence with the insurance company. Here’s a quick tip: record your conversations with the insurance adjuster. In Providence, you only need single party consent (yourself) in order to record a conversation legally. If you have a smartphone, you can use a recording app that will work silently as you have your conversations. Of course, always check with your Providence auto accident lawyer before you submit any phone recordings as evidence in court.

Getting compensation for your auto accident is not an easy task, but following these steps, you can conclude your auto accident with compensation that helps you get back on your feet.

Been in an Accident in Providence? What you Need to Know

Accidents happen, every day in fact, but you shouldn’t have to go through it alone.  You have recourse when it comes to dealing with financial burdens and physical pain. An accident attorney will explain your legal situation to you, enabling you to fully understand the applicable laws and create strategies together with your lawyer to get the full compensation you deserve.

There are numerous factors to take into account after you have had an accident. One is the set of circumstances that surrounded the incident. Was it caused by the driver’s negligence, a defective product or were there environmental factors? Were safety protocols followed?  Determining the source of the accident will guide you to the necessary paperwork that needs to be filed for a compensation claim.

Additionally, you will need to provide all documentation that relates to the accident. This includes eyewitnesses, photos, videos, medical bills and any paperwork necessary to receive the wages you lost while not being able to work. Direct evidence, such as witnesses, photos and videos will provide proof of negligence if that was the cause if the accident. Other types of evidence, such as medical bills, will demonstrate to the court the physical, emotional, and financial burden that you have suffered as a result of the accident – which will play a factor in the amount of compensation that you will receive.

Keep in mind that the defense will attempt to prevent or reduce your compensation by providing their own evidence to indicate that you may have contributed to the accident through your own negligence. Rhode Island is a “fault” state, that means in Providence, if the defense is able to prove that a certain percentage of the accident was your fault, then you lose that percentage from any compensation you receive.

With this in mind, it is essential, to have a Providence accident attorney ensure that you can get the most compensation possible in your particular case.

DUI must-know facts for Rhode Island drivers

It is pretty much common knowledge that it is illegal in any state to operate a vehicle while over the legal limit of alcohol. Most states have set that legal limit at .08 BAC (Blood Alcohol Content). There are other areas of DUI in Rhode Island that every driver should know.

When drivers are pulled over for suspicion of driving under the influence, they are usually asked to submit to a breathalyzer test. Every driver has the right to refuse, but there is some information everyone should know before exercising this option.

Rhode Island has an implied consent law that states that all Rhode Island residents are expected to comply with any DUI tests administered by a police officer. A failure to comply with these tests can lead to harsher sentences with a DUI conviction.

It is important to consider this because Rhode Island has a ‘look back’ period of five years. That means the court can look back for as many as five years and consider your DUI conviction when resolving another case involving you. Although it is your right to refuse a breathalyzer test that refusal could come back to haunt you for years to come.

There is also a new law coming into effect in 2015 that every Rhode Island driver should know. Interlock devices will be used in the vehicles of repeat offenders as well as drivers who showed a BAC of 0.15 or over at the time of their arrest.

Interlock devices require drivers to pass a breathalyzer test before the car will start. The price for those devices is required to be paid by the offender. The lowest cost of a standard interlock device is a leasing option that starts around $65.00 per month. State law prohibits drivers from owning these devices and mandate that they must be leased.

DUIs can be very expensive, but if you know what mistakes to avoid, you could save yourself a lot of money in fines when all is said and done. However, just because you are arrested for DUI does not mean you are guilty right away.

A DUI attorney at Calvino Law Associates can help you put together the best possible defense for your DUI charge. We can also advise you on the best ways to reduce any penalties, fines and jail time. For an experienced DUI attorney in Providence or North Kingston, visit our downtown office or call today and speak directly to one of our lawyers.

Important things to know about personal injury lawsuits

Personal injury lawsuits are filed after all kinds of injury-related incidents such as auto accidents, dog bites, medical malpractice and many more. Once you are injured, you enter a whole new world, and there are some important facts you should know when filing a personal injury lawsuit.

Most insurance carriers are looking to negotiate a deal without having to go to court. While they may talk a big game, their goal is to cut you a check without having to appear before a judge.

Mediation and arbitration are two stops on the negotiation process that may keep your case from going to court. This is an alternative to having to argue your case in a courtroom. Mediators and arbitrators aim to settle these matters, although it is extremely helpful to have your own Providence personal injury lawyer by your side.

Remember that those offering you a settlement work for the insurance carrier and not you. Their mission is to offer you as small of a settlement as possible. Your lawyer is the one working to get you a larger payout.

Several factors weigh in on how much of a settlement you will ultimately receive. There is a need to compensate for medical bills, physical therapy, pain and suffering, lost wages and financial hardship. There are also ongoing factors to consider such as a reduction in earning potential as a result of the injury, as well as permanent physical impairment.

Once a settlement is reached, there comes the reality of having to pay taxes. When a settlement covers physical injuries, it is not viewed as taxable income. However, any punitive damages received are taxable. That also holds true for any compensation you received as a result of pain and suffering.

Collecting your compensation is much easier when dealing with an insurance company. When a settlement is reached, insurance companies will just write you a check, and you can be on your way. But when it comes to dealing with an individual defendant, there is no guarantee of an immediate payday.

If the defendant does not have many assets, you may not see much in the way of compensation. Winning a judgment is one battle, but getting your compensation from an individual defendant is another battle altogether.

If you have recently suffered a personal injury in North Kingston or Providence, an attorney at Calvino Law Associates can see you through your case. One of our lawyers will be there to provide you with all the information you need to know from start to finish. Contact us today for a free consultation.

Rhode Island track system determines how long a divorce will take

Rhode Island residents seeking out a divorce usually want to know exactly how long it takes before they are single and no longer married. The simple answer is that there is no simple answer. It all depends on certain factors that have led to the development of Rhode Island’s ‘track system.’

There are two separate tracks that divorces can fall under in Rhode Island. The person filing for divorce can decide from either a ‘nominal’ track or ‘contested’ track.  In a nominal track divorce, a couple is pretty much splitting up on amicable terms.

In a nominal track divorce, a hearing date is usually set about 11 weeks from the time the petition for divorce is filed. Nominal track divorces lead to nominal track hearings and in these cases, defendants are not disputing the terms of the divorce.

Nominal track divorces filed under irreconcilable differences have a 90-day wait period before the Final Decree of divorce, which declares the parties no longer married. But there is even a quicker way, if the couple has lived separately for a time of at least three years. In those cases, couples only need to wait 20 days after the nominal hearing to get their Final Decree.

A contested track divorce takes a bit longer as those hearing dates usually fall 13 to 16 weeks after the petition for divorce has been filed. A divorce is classified on this track when there is a minimum of one issue that cannot be resolved by the couple. This then puts the final decisions in the hands of the court.

This is the part of the process that could elongate a divorce. There is a need to produce witnesses, testimony and proof. Timetables could be as short as a day but could also extend  to several months.

While the divorce process is unfolding, there may also be a need to appear in court regarding temporary orders in the areas of child support, child custody, visitation rights and even contempt. These temporary orders are upheld until the divorce can be final.

No matter which track you take, divorce is never an easy time for families. A Providence divorce lawyer at Calvino Law Associates can help you through what can be a complex process. Lean on our years of experience as we strive to get North Kingston and Providence couples through their divorce as quickly and productively as possible.