NEWPORT COUNTY RHODE ISLAND—CHARGED WITH DUI AFTER REFUSING A CHEMICAL TEST

There is hope.

Most individuals in RHODE ISLAND who are arrested in RHODE ISLAND under suspicion of DUI ( driving under the influence ) REFUSE TO SUBMIT TO A BREATH TEST OR A BLOOD TEST.  Upon being arrested in Rhode Island and charged with a RHODE ISLAND DUI and also a RHODE ISLAND REFUSAL the charged individual is facing two distinct and different charges.  The RHODE ISLAND DUI charge is criminal and is prosecuted in the RHODE ISLAND DISTRICT COURT.  The penalties are criminal and could include one year of confinement/jail.  The RHODE ISLAND REFUSAL charge is a civil traffic violation ( the “mother of all traffic tickets” in the vernacular of those old enough to remember the Gulf Wars ).  The RHODE ISLAND REFUSAL charge is prosecuted in the Rhode Island Traffic Tribunal and subjects the accused to civil penalties which could include a one year loss of driving in RHODE ISLAND.  The FLANAGAN LAW OFFICES, LLC. can protect you in both forums.  Attorney Frank Flanagan is a Veteran Trial Attorney and Navy JAG Veteran with over 20 years experience in defending individuals accused in the RHODE ISLAND COURTS.  Put those years of experience to work in defending your rights.

ARRESTED IN NEWPORT COUNTY RHODE ISLAND? NEED HELP?

Good News; Bad news.

The good news is you were in beautiful part of the world.  The bad news is you were in a beautiful part of the world and you were charged with performing a criminal act.  Tough stuff but now your need to deal with those facts.  And you need to protect your rights.  If you were charged with a criminal offense in Rhode Island ( whether it was Newport County, Rhode Island;  Washington County, Rhode Island; Kent County, Rhode Island; or Providence County, Rhode Island ) you need to defend yourself.  And THE FLANAGAN LAW OFFICES, LLC. can help you.  A Veteran Trial Lawyer and a Navy JAG Veteran, Attorney Frank Flanagan has over 20 years of experience helping folks accused of not being at their best.  Put those years or experience to work for you in defending your rights.  Develop a strategic litigation plan to insure the best result from the facts confronting you.  Defend yourself, allow THE FLANAGAN LAW OFFICES, LLC. to defend your rights when accused.

RHODE ISLAND DUI (Driving Under The Influence) DEFENSE

If you are an individual facing RHODE ISLAND DUI ( Driving Under the Influence ) charges THE FLANAGAN LAW OFFICES, LLC. can help you.  If you or someone you care about are facing DUI or related offenses such as breathalyzer refusal we can protect you.  As a Veteran Trial Lawyer and a Navy JAG Veteran, Attorney Frank Flanagan has over 20 years experience defending the rights of those accused of crimes.  A Veteran RHODE ISLAND DUI ATTORNEY,  Frank Flanagan can enlist those years of experience to defend your rights to a defense.  Protect yourself, protect your rights and get experience on your team.

Have you been accused of a Newport County Rhode Island DUI? Do You Need Help With A Criminal Allegation In Rhode Island?

Are you going to defend your rights? Among the first questions any individual alleged to have committed a criminal act must ask themselves is are they going to defend their rights and seek their best defense.  Is the accused willing to invest the time and effort to defend themselves?  If you or someone you care about has been accused of a criminal act in Newport County, Rhode Island and you want to fight for your Constitutional rights to assert a defense then invest in the experience needed to defend yourself.  In Newport County Rhode Island   (whether it is the City of Newport or the Towns of Middletown, Rhode Island, Portsmouth, Rhode Island, Tiverton, Rhode Island, Little Compton, Rhode Island or Jamestown, Rhode Island ) the accused has the opportunity to present their defense.  The Flanagan Law Offices, LLC., has been defending individuals for over 20 years in charges ranging from DUI and criminal misdemeanors to complex felony offenses and federal charges as well as United States espionage offenses and military courts martials.  If you want experience on your side then a Veteran Trail Attorney and Navy JAG Veteran can help you protect yourself.  We Can Help You.

Rhode Island Divorce, sometimes (like Tom Petty sang), “The Waiting Is The Hardest Part”

Once the decision is made to divorce in Rhode Island a party must then face the statutory requirements in proceeding with their RHODE ISLAND DIVORCE.  Each State in the United States has their own process for divorce.  Rhode Island requires at least one of the parties to be a domiciled inhabitant of Rhode Island for at least one year prior to the filing of the complaint for a RHODE ISLAND DIVORCE.  There are nuances in the law which allow for an earlier filing of a RHODE ISLAND DIVORCE FROM BED AND BOARD but generally the one year requirement is the norm.  Likewise, absent an emergency condition requiring Motions for Relief, there is also a 60 day waiting period after your RHODE ISLAND DIVORCE petition is filed before the matter can be heard.  Then, after your RHODE ISLAND DIVORCE is heard and the Court makes its ruling, there is a 90 day period before the divorce is final.

Quick concerns regarding Income Taxes in YOUR RHODE ISLAND DIVORCE

As you proceed with YOUR RHODE ISLAND DIVORCE you may want to consider some quick questions to ask yourself and YOUR RHODE ISLAND DIVORCE LAWYER prior to entering the RHODE ISLAND FAMILY COURT.  If you and your spouse are going to file joint income tax returns for the present year which spouse will be responsible to pay any taxes due and who will be entitled to receive the tax refund, if any?  Please remember you can divide both the responsibility and the refund.  With regard to past joint income tax returns, if there is an outstanding deficiency of past joint income tax returns who will be responsible for that debt?  And, likewise, which spouse will be allowed to receive any refund that may be due on a past joint income tax returns filed by the parties?  These concerns should be addressed as part of your larger strategic goals in YOUR RHODE ISLAND DIVORCE.

Questions regarding Your Home in your RHODE ISLAND DIVORCE

In many ways your RHODE ISLAND DIVORCE is a business decision which requires you to evaluate the dissolution of your marriage from a rational perspective rather than an emotional perspective.  This is especially true when deciding what action to take regarding your home.  In many Rhode Island marriages the marital home is the greatest asset of the parties or the greatest liability.  In determining your RHODE ISLAND DIVORCE STRATEGY  regarding your home it is important to first ask yourself the following questions.  Which one of you, or both, will live in the marital home while YOUR RHODE ISLAND DIVORCE  is proceeding?  Is the house to be sold or will one of you keep the marital home?  If the home is sold how will the proceeds be divided?  If a party remains in the marital home will the other deed their interest in the home to the other or retain the interest until a later date/sale?  If the house is to be sold are both spouses going to be involved with the sale ( choosing the realtor, the market price, etc. ). While preparing the home for sale who is responsible for any major costs or repairs of the marital home?  Which party will be entitled to deduct the mortgage interest charges and real estate taxes for income tax purposes? Which party will be responsible for any income ( capital gains ) taxes which may be imposed as a result of the sale of the marital home?  And, which party will be responsible for any loss if the marital home sells for less than what is owed on the mortgage?  These are important questions which affect your future and your children’s future.  Get the help you deserve from experienced RHODE ISLAND DIVORCE LAWYER Frank Flanagan at (401) 849-3337.

 

Concerns regarding “Gender Bias” in RHODE ISLAND DIVORCE cases

In cases in the Rhode Island Family Courts some fathers have raised concerns regarding a gender bias in favor of the children’s mother.  When parents divorce the decree of the Rhode Island Family Court will Order with whom the children will live ( physical placement ) and how often, and under what circumstances, the other parent will visit with the children. In deciding which parent will have custody the Rhode Island Family Court will consider many factors with the main consideration being, ” the best interests of the children”.    Frequently, the main factor is which parent has been the primary caretaker of the children throughout the marriage.  In short, many parties have already determined who is the primary caretaker of the children before filing their Rhode Island Divorce.  The Rhode Island Family Court is just recognizing their established child care situation. Given the historic role of mother’s as the primary caretaker of the children with the father’s as the primary “breadwinner” it is not unusual that mother’s have received the higher number of awards of  placement.  As society changes and more parents are sharing the role of breadwinner as well as care giver one can anticipate greater awards of custody to the fathers in those fact specific situations.  Attorney Frank Flanagan can help you protect your family and your rights in custody and visitation decisions in the Rhode Island Family Courts throughout Rhode Island.  Contact Attorney Frank Flanagan at (401) 849-3337

How Google and James Bond affect your RHODE ISLAND DIVORCE

In the age of Google it is hard to have a secret life.  Society’s use of technology in most facets of everyday life creates electronic trails.  Those trails are followed and explored when one party’s secret life becomes part of their Rhode Island divorce.  The amount of electronic information stored is remarkable; much different from earlier years when a hotel room receipt or love note were the best evidence to prove infidelity.  Rhode Island Family Courts have increasingly allowed electronic evidence to be considered when making rulings.  In the new world of Google Divorce we utilize investigators to examine litigant’s emails, text messages, computer hard drives, online banking records, Internet browsing history, instant messaging history and electronic calendar entries.  Information gained from such searches can be crucial evidence in your Rhode Island Divorce case whether it be presented to the Rhode Island Family Court judge at trial or presented to the opposition to resolve the dispute via settlement.  At Flanagan Law, LLC., we can help you protect your rights, call us, (401) 849=3337.

The RHODE ISLAND FAMILY COURT in a nutshell

If you are getting divorced in Rhode Island you may want to know the background of the Court system which will hear your Rhode Island Divorce.  The Rhode Island Family Court was established by statute and consists of eleven associate judges and the Chief Judge of the Rhode Island Family Court.  The jurisdiction of the Rhode Island Family Court consists of petitions for absolute divorce, petitions for divorce from bed and board, petitions for separate maintenance, motions for alimony, and motions relating to the support and custody of children.  All matters relating to or arising from any of the above actions fall within the jurisdiction of the Rhode Island Family Court.  Please note, this jurisdiction can extend to the enforcement of orders relating to alimony, child support and child custody which were entered in another state by a court of competent jurisdiction provided a Judge of the Rhode Island Family Court deems certain statutory conditions have been met to presently establish jurisdiction within Rhode Island.  The Rhode Island Family Court also has the ability to hear matters of adoptions, delinquent children petitions and dependency and neglect petitions.


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