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Jonathan Whaley

Jonathan Whaley’s Answers

122 total


  • Can I sue a city for breach of contract when we made an agreement in court for a criminal case. Is this a breach of contract?

    In February of 2012 I was charged with DUI in RI,that same year of April 2012 I made a agreement with the court (signed from me and the city prosecutor)that It would be knocked down to reckless driving in the criminal court. So myself and my lawye...

    Jonathan’s Answer

    It sounds like you have an attorney already. You should be speaking to him/her about this. If that lawyer is no longer representing you, you should speak with another criminal defense attorney in private.

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  • Help on getting NCO removed on my husband

    He was arrested last monday for disorderly conduct and resisting arrest because we had a heated arguement at home and he was drunk ,but he didnt assault me, also the trial date has been given as April which is far away and He was actualy certfied ...

    Jonathan’s Answer

    Meet with an attorney and go over the facts of this case. Doing this yourself may not result in the outcome you're looking for and in fact may result in charges being brought against you. Many attorneys, including those in my office, will offer a free initial meeting to discuss the issues. Good luck.

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  • My refusal was dismissed in judicial court because they filed it with the wrong court. Can I still get charged in district?

    It was my second refusal and the police officer did not see it. They filed it in judicial court but the judge dismissed it and said it may get transferred to district court which is where they originally needed to file it. Since they dismissed the...

    Jonathan’s Answer

    I'm not sure what you mean by "judicial court." Perhaps you mean municipal court? In any event, they will likely be able to file it in the appropriate court. Retain an attorney sooner rather than later to be prepared for whatever happens next. Many attorneys, including those in my office, offer free initial meetings. Good luck.

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  • Should I obtain a family court lawyer when taking my ex husband back to court for a custody evaluation?

    My Ex husband and I recently went through a divorce with custody issues. We have joint custody and placement with the father. Since the divorce was finalized Aug 2013, there has been a significant change in the situation. My ex husband put false i...

    Jonathan’s Answer

    If these concerns are important to you, then yes, you should retain an attorney.

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  • For tax filing purposes, is the legal date of divorce the court date or the final judgement date?

    In the state of RI - my divorce court date was October 2013. My final judgement was completed 90 days later in January 2014. I believe we need to file taxes as married for 2013, but would like to confirm. Thank you.

    Jonathan’s Answer

    The date you were divorced is the final judgment date. However, you should meet with a tax professional to determine how you should file your 2013 taxes.

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  • Can I take legal custody of my friends children while he is in prison? The children are currently in foster care.

    My friend is serving time in Federal Prison out of state until the end of 2021. He has been in prison since Sept. 2011. The mother and only caregiver of his two young boys was murdered last August and the children are now in DCYF care - foster car...

    Jonathan’s Answer

    This is a very complicated, but interesting, ordeal given the facts you've just laid out. You will be best served by speaking privately with an attorney at length. Feel free to call my office. In any event, best of luck.

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  • I called off my engagement to my girlfriend,now she wont give back the ring,cost 18,000,she lives in Mass. how do I get it back,

    together 7 yrs,gave ring not on any special day,she's with someone else now,says she will destroy before she gives back,have asked VERY nicely many times,no threats ever made towards her for ring.

    Jonathan’s Answer

    This is a somewhat undeveloped area of RI law. You may want to consult with a Massachusetts attorney to evaluate your chances of succeeding on this sort of claim in Mass before doing so in RI. If the odds don't look good in Mass, you may try to bring a suit in RI and see if your attorney can set some precedent! Given the value of the ring, I wouldn't let it go without at least sizing up your opponent.

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  • I went to the bar last night and summoned and I am under 21 I just need to find my next step? can I get it off my record

    "unlawful drinking and misrepresentation by underage persons" 3-8-6 " being a person who has not reached his or her 21st birthday to enter any premise licensed for the retail sail of alcoholic beverages for the purpose of purchasing or hav...

    Jonathan’s Answer

    Meet with an attorney. There aren't enough facts here to really understand what's going on. Good luck.

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  • Own my home from my first marriage...divorced in 97..If I re-marry, is new spouse entitled to half of property?

    Is second husband only entitiled to joint purchases? If marriage doesn't work out, can he take the house?

    Jonathan’s Answer

    Execute a prenup. Make sure both parties meet with their own attorney.

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  • Can you provide for the creation of a trust in a will, or would you just create a trust in a separate document?

    mid 50's Granparents want to create a trust for their very young grandkids' future college education

    Jonathan’s Answer

    You could do either but you're going to want to sit down with an estate planning attorney to learn which option is best for you. Feel free to call my office. Good luck.

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