Tuesday, July 31, 2012

Rhode Island Landlord Tenant and Eviction Law FAQS - Nonpayment Rent, Termination

1) How long does it take to evict a tenant for non-payment of rent in Rhode Island?

In order to begin the process of evicting a residential tenant in Rhode Island (RI) for non-payment of rent, the tenant must be more than 15 days late and then a five-day demand notice must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next business day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a potential of a month or longer (if there is an appeal).

Criminal Law

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2) Is it legal to do a self-help eviction in Rhode Island?

Rhode Island Landlord Tenant and Eviction Law FAQS - Nonpayment Rent, Termination

No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go through the proper legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to collect damages against the landlord.

3) How long does it take to evict a month-to-month tenant?

In order to evict a month-to-month tenant, you are required to send a thirty-day notice to terminate the tenancy pursuant to Rhode Island law. After the thirty-day period has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to answer and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on whether or not there is an appeal).

4) My tenant has a lease but is violating the lease and causing problems. What do I do?

Pursuant to Rhode Island law you can send them a notice asking them to terminate the offending behavior within 20 days. If they do not terminate the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the notice and that the tenant did not comply with the notice after receiving the notice. If the tenant is a month-to-month tenant, then it is better to terminate the offending tenant's tenancy rather than go through the above-described process.

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 or attorney as an expert or specialist in any field of practice.

Rhode Island Landlord Tenant and Eviction Law FAQS - Nonpayment Rent, Termination

David Slepkow is a Rhode Island RI lawyer who has handled landlord tenant matters and evictions on behalf of both landlords and tenant for ten years. The Attorneys at Slepkow Slepkow & Associates , Inc. represent clients in Real Estate, Probate Law, Elder Law, Divorce & Family Law, Zoning law and Corporate law.

Please go to Official Website of Rhode Island (RI) Lawyers / Attorneys, Slepkow Slepkow & Associates, Inc. for more information or to contact attorney David Slepkow.

Please visit our webiste: East Providence, Rhode Island Real Estate and Eviction Law Attorneys / Lawyers

Please also visit: East Providence, Rhode Island Divorce Law Attorney / lawyer and RI Family & Child Support Law information

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Sunday, July 29, 2012

What's the Difference Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

Have you ever wondered where all these somewhat confusing terms came from? Well the answer is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.

An Attorney is somebody legally empowered to represent another person, or act on their behalf.

Criminal Law

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A Lawyer is somebody who can give legal advice and has been trained in the law.

What's the Difference Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney...

Look again at the above definitions, does it now make any sense? Off course it does.

An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.

A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).

A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King's (Queen's) counsel.

A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didn't argue it.

Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.

Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.

Lawyers types:

The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients' interests in administrative adjudications.

Some lawyers concentrate in the growing field of intellectual property, helping to protect clients' claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.

Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest cases--civil or criminal--which may have an impact extending well beyond the individual client.

These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.

Other lawyers work for legal-aid societies--private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.

The real life situations have created "specialties" according to business profitability. This is how terms like Vioxx Lawyer, DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.

Additional Information:

www.Lawyers-Best-Infoweb.com

What's the Difference Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

MBA - International Trade & Finance - Heriot-Watt University. Bsc. Computers and Information Systems - Long Island University - C.W Post Campus. Hobby: Photography. Married with two Children.

Owner Editor of: http://www.Lawyers-Best-Infoweb.com

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Saturday, July 28, 2012

Felony Records Search - How to Find People Convicted of Felonies on the Internet

By definition, felonies are crimes in which if a person is convicted he or she will serve more than one year in state prison or more than two and a half years in federal prison. A convicted felon is someone is was tried in a courtroom or plead guilty to a serious crime such as rape, murder, aggravated assault, burglary, embezzlement, drug dealing (or drug use in some cases), kidnapping, battery, arson and many others.

If you are needing to find out if an employee, potential employee or someone else you know has been convicted of a felony, there are several ways you can search on the Internet today. Let's discuss them.

Criminal Law

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The first way is to run a person's name in one of the many online sex offender databases. Federal law now requires anyone convicted of a sex felony to register with the local police and these registrations are picked up on various websites. A few of the popular places to search for sex offender records include national sites like FamilyWatchdog, local newspapers and television websites and government or county websites.

Felony Records Search - How to Find People Convicted of Felonies on the Internet

If the person you are searching did not commit a sex related crime, then he or she will not be listed in sex offender databases. You will need to search another way for other types of records. The most common way is to use an online background check website. You will simply provide the person's first and last name, last known address and any other information you may have and it will search databases all over to retrieve the data. Most felonies are listed on a person's background report.

A final way to conduct a felony record search is to contact an online private investigation firm like Abika or Best People Search and pay them to do the felony records search for you. This will be more expensive than the other options, but will be guaranteed to be successful.

Felony Records Search - How to Find People Convicted of Felonies on the Internet

To Conduct Your Own Felony Record Search Now or to Learn About Other Options, Go to http://www.squidoo.com/free-criminal-records

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Wednesday, July 11, 2012

Jury System

Jury system: definition

Trial by jury is a method of trial whereby an independent body of peers hears evidence in a legal dispute and gives a verdict on the basis of that evidence.

Criminal Law

Composition and Empanelling of a Jury

Jury System

Potential jurors are chosen at random from the electoral roll and sent a questionnaire.
The questionnaire determines eligibility:

ineligible: judges, magistrates, police officers;

disqualified: convicted of a serious offence, imprisoned for more than 5 years;

right to be excused: teachers, people over 65 years of age, pilots. (If the suggested reforms to the jury system take place, teachers will not be excused as of right).

If eligible, jurors attend court for minimum of three days.

Jurors are selected from the jury pool by being called at random from a ballot box by the judge's associate.

The potential juror named proceeds towards the jury box whereupon they may be challenged prior to taking their seat.

Challenges may be made to a potential juror: in criminal cases, an accused has six peremptory challenges (where no reason for challenge is stated), and unlimited 'for cause' challenges (where a reason is stated).

Role of a jury

Unanimous and majority verdicts in criminal cases

Empanelling a jury

To attend court as required.
To listen to, remember, collate and analyse the evidence presented in court.
To abide by a judge's directions on the law.
To determine questions of fact.
To hear indictable criminal offences.
To deliberate over a verdict but not give reasons for a verdict.
To be satisfied 'beyond reasonable doubt' in a criminal case of its verdict.
To be satisfied 'on the balance of probabilities' in a civil case of its verdict.
To give a unanimous verdict in a criminal case involving murder (12/12), whilst majority verdicts are accepted in non-murder criminal cases (11/12). (This could change under suggested reforms.
To return a unanimous verdict in a civil case if possible (6/6), whilst majority verdicts (5/6) are acceptable if this is not possible.
To assess damages in civil cases.

Strengths of jury system

Represents trial by one's peers in serious matters.
Verdicts are more likely to be accepted in the legal system and society.
Assists the presentation of evidence in court being simple and more easily understood.
Represents public values.
History: jury has stood the test of time as a means of adjudication in court cases.
Provides protection for citizens' rights against misuse by governments and their agencies.

Problems of jury system

Inability to understand complex trials.
Reasons for verdicts are not given.
Adds to cost and length of court hearings.
Media influence on jury deliberations can produce unjust outcomes.
Exemption categories are too broad to represent cross-section of the public.

Alternatives to the jury system

Trial by judge alone.
Trial by a panel of judges.
Trial by a mixed of judges and laypersons.

Jury System

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Sunday, July 1, 2012

So You Want To Be A Criminal Profiler?

When you teach forensic psychology, the question students ask the most is how do I become a profiler? This question also appears on the frequently asked questions section of the FBI website.

Given the popularity of the CBS drama criminal minds, the how do I become a profiler question is going to be asked more than ever. The aim of this article, therefore, is to address whether becoming a criminal profiler is a realistic career aspiration.

Criminal Law

Criminal Profiling in the USA

So You Want To Be A Criminal Profiler?

The FBI doesn't actually have employees with the job title profiler. However, special agents at the National Center for the Analysis of Violent Crime (NCAVC) at Quantico, Virginia do construct profiles of unknown offenders as well as offering case management advice, threat assessments and interviewing strategies to law enforcement agencies both home and abroad.

You cannot simply apply to the FBI and immediately become a NCAVC agent. A basic requirement is three years service as a FBI special agent. However, such is the competition for places, successful candidates tend to have up to 10 years of service behind them along with experience investigating violent and sexual crimes and abductions.

In terms of educational requirements an advanced degree in a Behavioral or Forensic Science is often listed as preferred qualification.

It is possible to work at the NCAVC without being a special agent. these professional support positions include Intelligence Research Specialists, Violent Crime Resource Specialists, and Crime Analysts. These are essentially research positions so an in-depth knowledge of research methodology, data collection and analysis is required.

Whether you are applying to become a NCAVC agent or a research specialist you can expect to have complete a range of written and psychometric tests.

Criminal Profiling in the UK

If you think getting into profiling work in the USA seems a difficult proposition, the chances of doing it in the UK are even more remote.

In 1995 Gary Copson conducted a comprehensive survey of police use of profiling, which among other things addressed the questions, who are the profilers? What are their qualifications? What do they actually do?

Who are the profilers

The Copson study found that profilers define themselves as having relevant expertise for a particular criminal
investigation, although this expertise is not confined to one profession or academic discipline.

In total 29 profilers were identified in the course of the study, the make-up of which was as follows:

4 forensic psychiatrists

5 academic psychologists

4 clinical psychologists

6 forensic psychologists

3 therapists (unspecified)

4 British police officers

1 British police scientist

1 British police data system analyst

1 American law enforcement agency

Qualifications

Psychiatrists are qualified doctors of medicine who undertake postgraduate training in psychiatry. Psychologists have both undergraduate and postgraduate degrees in their specialist area and may have secured chartered status through the governing body that oversees their professional development. Police officers who undertake profiling work have usually studied psychology as a postgraduate.

What do they do?

As with any form of profiling, the principal aim is to generate a behavioural composite of an unknown offender so that it tells you something about the personality of the individual.

In the Copson study 184 accounts of profiling are documented. In 111 of these cases the profiler put his/her advice into writing. An analysis of the content of these written reports revealed 10 main areas of advice.

Features of the offence

Character of the offence

Origins of the offender

Present circumstances of the offender

Criminality of the offender

Geography of the offender

Predicted future behaviour of the offender

Interview strategies to be adopted

Threat assessment

Specific police recommendations.

So you still want to be a criminal profiler?

Good for you, but bear in mind that very few people get to do it as a form of career.

My advice would be to concentrate on doing well within a broader field e.g. psychology, while at the same time pursuing your interest in profiling as often as you can. For instance doing a profiling related final year project or dissertation.

You can find out more about pursuing a career in profiling by visiting http://www.all-about-forensic-psychology.com/fbi-profiler.html

So You Want To Be A Criminal Profiler?

Having worked as a lecturer in psychology in the UK, I recently moved to sunny Spain with my family, where I now work as a distance learning tutor and research dissertation supervisor.

Since 2000, I've been involved in collaborative research with teams of forensic scientists in the UK, US and Canada.

Keep up-to-date with the world of forensic psychology by reading the forensic psychology blog. This regularly updated blog addresses the most common issues and questions raised by those thinking of or currently studying and working in the field. Among the topics covered are career and study options, forensic job opportunites, conference listings, internships, forensic research and psychological research methods.

http://student-guide-to-forensic-psychology.blogspot.com/

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