Callaghan & Callaghan – Attorneys – Rhode Island

 

 

Call (401) 294-4555

 

 

3 Brown Street
Wickford, RI 02852

Recent Success

judicialThe matters listed below are just a small sample of Callaghan & Callaghan’s recent success.

Our attorneys provide the highest quality representation in all matters. We work with our clients for efficient and cost effective results. Let our experience work for you in any legal matter. We look forward to working with you.

Eviction – Landlord / Tenant – February 2017 – Washington County

A landlord came to Callaghan & Callaghan with an eviction matter. The tenant had failed to pay any rent for a number of months. The first eviction attempt utilizing another law office did not work out. Callaghan & Callaghan picked up the pieces of the case and successfully tried the case before a judge. The eviction was successful and the landlord was able to rent the property to another tenant in a cost effective time frame.

Family Law – Winter – 2017 – Washington County

Two parties, a former husband and wife, came to our offices with a unique issue. Due to a clerical error almost ten years ago, one of the parties wages were being garnished. The garnishment had continued for years. Through diligent work with the Family Court Clerk’s office and the Department of Human Services, Callaghan & Callaghan was able to resolve the matter to our client’s benefit.

Obstruction and Disorderly Conduct – Not Guilty – Fall 2016 – Washington County – 02882

Our client, a young lady, was placed in an extremely difficult position by a former boyfriend. During a traffic stop, under duress, our client made a number of statements to the police on scene. Those statements lead to charges of Obstruction and Disorderly Conduct. Callaghan & Callaghan worked with client and third party witnesses to establish client’s innocence. Preparation, hard work, and persistence paid off. A trial in Washington County District Court resulted in not guilty verdicts on all counts.

DUI – Amended to Reckless Driving – Summer 2016 – 02818 – Kent County

A Callaghan & Callaghan client was pulled over by a local police department. The stop was based on a BOLO (be on lookout) for a specific vehicle. Our client was not cited for any moving violation. On scene he did not complete the field sobriety tests. He also refused the breathalyzer. Due to Constitutional issues raised regarding the stop, the charge was amended. Our client suffered no loss of license at any time.

Employment Law – Summer/Fall – 2016:

A new Callaghan & Callaghan client faced a difficult situation with a former employer. The employer filed suit for breaches of an alleged non-compete agreement. After success at a injunction hearing, Callaghan & Callaghan successfully negotiated an extremely favorable resolution. Client saved time, money, expenses, and business opportunities through the hard work of Callaghan & Callaghan.

Zoning – Land Use – Fall 2016

Our attorneys helped a client plan, apply, negotiate and advocate for a new local development. The proposal included wide ranging zoning issues. The application attracted attention from municipal leaders, town staff, abutters, and local citizens. Through effective preparation and argument, the proposal won universal approval.

Probate Court – Fall 2016

An out of state Callaghan & Callaghan client contacted the firm regarding a very unique probate issue. Our attorneys analyzed the claim and filed a petition in a local probate court to preserve and protect our clients’ interests. Our clients are now in position to rightfully collect a multi-million dollar settlement. In their time of need, Callaghan & Callaghan’s clients received prompt and efficient legal representation that will fortify their future for generations.

Personal Injury and Workers Compensation – Fall 2016

A long standing Callaghan & Callaghan client suffered personal injuries as the result of a car accident in Warwick. After successfully resolving the Workers Compensation claim, Callaghan & Callaghan filed suit for pain and suffering in the auto accident. The additional claim resulted in a significant payout for our client. Callaghan & Callaghan’s comprehensive approach included filing the claim, negotiating the settlement, lien reductions, and resolution of the subrogation claims. Our client is now looking forward to a substantial home renovation as the result of the payout.

riminal Matter – May 2016: Audio from a Satisfied Callaghan & Callaghan Client:

(Audio edited for privacy purposes.)

Real Estate Dispute – Regulatory Appeal – Riparian Rights – 2016A new client approached Callaghan & Callaghan with a multi-faceted issue. Years earlier they had constructed a residential boating facility (dock) off their South County property. Unbeknownst to them, the dock had been constructed at an incorrect angle. The error did not arise until their neighbor sought to construct their own dock. After a notice of violation was issued by a regulatory agency, Callaghan & Callaghan was able to sit down with all parties. Through a creative and innovative negotiation Callaghan & Callaghan was able to preserve the location of our client’s facility and craft a solution that benefited the entire neighborhood. It was an extremely gratifying and successful result for all parties. 

Personal Injury – Uninsured Motorist Claim – March 2016: A new client came to Callaghan & Callaghan with a very difficult personal injury matter. Our client suffered tremendous injuries in a motor vehicle collision nearly three years earlier. After she attempted to negotiate the matter on her own, she turned to Callaghan & Callaghan for help. Through extensive negotiation Callaghan & Callaghan secured a six digit settlement. Our client has recovered from her injuries and was justly compensated for her pain and suffering through the efforts of Callaghan & Callaghan.

Felony Assault – February 2016 – Dismissed:  A young man came to Callaghan & Callaghan facing an extremely serious criminal charge. Prior to charging in Superior Court Callaghan & Callaghan, with co-counsel, met with law enforcement on numerous occasions. Through a well devised strategy utilizing both the facts and case law, we secured a dismissal of the matter prior to charging. The dismissal included expugement and sealing of all records of the arrest. Our client’s record remains clean and his bright future is secure. The result achieved could only be described as optimal.

Simple Assault and Disorderly Conduct – January 2016 Washington County – Dismissed: Multiple charges were dismissed by a Washington County police department due to Callaghan & Callaghan’s advocacy and tenacity. Callaghan & Callaghan passed the case for trial due to a number of evidentiary issues. Our client maintained her innocence through a self defense claim throughout the pre-trial stage. Callaghan & Callaghan pressed for a trial with in both the facts and our client. On the day of trial all charges were dismissed. A motion to expunge all charges from our client’s record has also been filed.

Texting While Driving – Rhode Island Traffic Tribunal – Amended: A Callaghan & Callaghan client came to us with a unique issue. Our client operates a commercial vehicle as part of his employment. However, due to some unfortunate circumstances he was cited for Texting While Driving. Callaghan & Callaghan successfully convinced the court and the prosecutor to amend the charges. The argument involved both the factual situation involved as well as the circumstances of the driver. Based on Callaghan & Callaghan’s presentation, the charge was amended to the complete satisfaction of the client.

Commercial Transaction – Purchase and Sale, Asset Purchase Agreement, and Closing – December 2015: A Callaghan & Callaghan client recently closed on a multi-million dollar transaction. Our client purchased a very valuable longstanding business with a substantial client base. Callaghan & Callaghan assisted their client in all aspects of the deal. We advised our client in the negotiation and drafting of the purchase and sale as well as the asset purchase agreement. We also conducted the title search, title work, and closing. Our clients came away with a promising business at a quality price. We worked with our client to achieve optimal results.

Simple Assault – December 2015 – Dismissed: Recently a Callaghan & Callaghan client found himself in a very difficult situation. Our client was accused of a crime that he did not commit. Unfortunately, as is the case in many instances, alcohol contributed to the situation. To compound matters, after the arrest, a local news outlet picked up on the arrest. The client’s well known name was prominently displayed on a local news website. Callaghan & Callaghan immediately reached out to the reporter and conveyed the client’s complete belief in his innocence. The reporter then edited the news post to reflect our client’s innocence. Callaghan & Callaghan then engaged the police department, complainant, and city solicitor in an extensive discussion involving the weaknesses of the case. At the first pre-trial the matter was dismissed and expunged. Callaghan & Callaghan also reached out to the website administrator and had the original posting deleted. Our full service approach helped our client on a number of levels.

Regulatory Appeal – November 2015: Callaghan & Callaghan’s attorneys recently won a hard fought regulatory appeal for a South County client.  At numerous times in the litigation, Callaghan & Callaghan was informed by opposing government counsel that their case was hopeless. Callaghan & Callaghan’s review of the applicable statutes and regulations unearthed both due process and administrative issues. After a hearing on the motions, the agency withdrew its objections. Callaghan & Callaghan’s client was allowed to renew an extremely valuable license that is no longer available through any application process.

Simple Assault – Washington County – November 2015: A Callaghan & Callaghan client recently had a simple assault domestic charge dismissed. Callaghan & Callaghan’s attorneys utilized witness statements and police reports to point out inconsistencies in the town’s case. After presenting their arguments to the prosecutor, the matter was dismissed.

Commercial Transaction – Kent County – July 2015: Callaghan & Callaghan recently helped a young family achieve a life long dream of owning a small business. Callaghan & Callaghan’s attorneys assisted their clients in negotiating both the purchase and sale for real property and the asset agreement for the existing business. Our attorneys appeared before a local city council to successfully and efficiently execute transfer of the existing liquor license. We also advocated for our clients before multiple state agencies and local boards regarding tax, lottery, and victualing issues.

Dismissal – Disorderly Conduct – October 2015 – Washington County: A local police department charged a female defendant charged with Disorderly Conduct. Defendant was initially charged with a domestic offense, but Callaghan & Callaghan showed the prosecution that the defendant and alleged victim had no domestic relationship. Callaghan & Callaghan also argued that the matter did not meet the elements of the charged crime. Case dismissed.

Closing – Newport County – September 2015: Callaghan & Callaghan helped a client from Massachusetts purchase a beautiful second home in Newport, Rhode Island. Callaghan & Callaghan assisted client in all aspects of purchase and sale, title search/policy, and closing.

Dismissal – Domestic Simple Assault – Washington County – October 2015: Recently a husband called Callaghan & Callaghan after being charged with simple assault – domestic in Washington County. By working closely with client Callaghan & Callaghan devised a thoughtful alternative strategy to defend the client. Callaghan & Callaghan’s attorneys secured a dismissal of all charges. Client reunited with his wife, preserved employment, and all records of the arrest were expunged.

Litigation – Public Utilities Commission Appeal: Recently Callaghan & Callaghan secured a favorable decision from the PUC in a dispute over water services. A local water authority attempted to impose an extremely expensive and, in our opinion, unnecessary regulation upon a commercial client. Callaghan & Callaghan presented witnesses and evidence to show that the regulations were burdensome and impractical. After hearing and briefs, Callaghan & Callaghan prevailed – saving their client tens of thousands of dollars in fees, costs, and construction expenses.

Criminal Trial: Last fall Callaghan & Callaghan defended a client in a simple assault trial in Washington County. Based on the police reports and apparent lack of reliable evidence Callaghan & Callaghan requested a trial. At trial the testimony and the presentation of evidence resulted in a not guilty finding for our client.

Family Court – Relocation: A Callaghan & Callaghan client recently sought the ability to move out of state with two minor children. Relocation with children can be extremely difficult to obtain due to a high standard. After extensive negotiation, court dates, and mediation, the matter was successfully resolved on behalf of our client.

Family Court – Divorce: Callaghan & Callaghan recently helped a client negotiate favorable terms in a divorce. Through pre-trial negotiation with opposing counsel we were able to navigate potentially difficult situations for the benefit of our client. Issues included child custody, child support, mortgage refinancing, and pension distribution.

Family Court – Visitation/Child Support: A single mother recently came to Callaghan & Callaghan seeking a modification of a Family Court order in an effort to help her children. After hearing the Family Court awarded our client all of her requests including a child support modification, visitation, and custody.

DUI: A Callaghan & Callaghan client recently was charged by a local police department with an alcohol related DUI charge. The reports showed that the client did not take the field sobriety tests. The town sought harsh sanctions despite an apparent lack of evidence. At trial the case was dismissed.

Criminal Matter- Larceny: Through extensive pre-trial negotiation with the Attorney General we were able to secure a dismissal of a felony larceny charge for a client. By identify weaknesses in the case, as well as emphasizing our client’s clean criminal history we were able to secure a dismissal of all felony charges as pre-trial. 

Simple Assault: A disagreement between two parties resulted in criminal charges filed against our client. After pre-trial the matter was dismissed. Callaghan & Callaghan successfully argued that the town could not proceed with the case based on a constitutional issue.

Land Use:

  • Zoning Map and Comprehensive Plan:

In the spring and summer of 2013, Callaghan & Callaghan helped a local contractor navigate municipal regulations for purchase and renovation of a local historic building that had been underutilized and empty for many years. Through consultation with local planning officials, Callaghan & Callaghan secured comprehensive plan and zoning ordinance amendments so client could renovate and improve the property and neighborhood.

“After 129 years, new life for Old Theatre in Wickford” North East Independent, July 18, 2013

  • Master Plan Approval:

Through collaboration with developers, engineers, architects, and planners, Callaghan & Callaghan secured a unanimous vote for master plan approval for a large scale project before a local planning board. The mixed use design features senior housing, single-family homes, affordable housing, commercial units, and green space.

  • Special Use Permit and Dimensional Variance:

A local family ran into issues during rehabilitation of a building on their property. They reached out to Callaghan & Callaghan to advocate on their behalf for zoning board approvals. Due to the unique site of the home on the property, Callaghan & Callaghan successfully advocated for a special use permit to establish legal use for an existing structure and for a dimensional variance to allow for construction of an addition within the established set back area. The zoning board unanimously approved the request.

Criminal Defense – 2013:

In 2013 Callaghan & Callaghan secured dismissals across Rhode Island for clients charged by the North Kingstown Police, West Warwick Police, Warwick Police, East Greenwich Police, Providence Police, Newport Police, Middletown Police, South Kingstown Police, and Rhode Island State Police. Dismissals included:

  • Disorderly Conduct: Washington County matter dismissed at pre-trial. Callaghan & Callaghan successfully argued to the court that the conduct cited as disorderly did not meet the “fighting words” threshold.

  • Vandalism: A young woman was accused of damaging vehicles on an urban street late at night. Callaghan & Callaghan showed that their client could not have committed the offense based on contradictory witness statements and gaps in time.  Matter was dismissed and expunged.

  • Simple Assault: In Kent County, Callaghan & Callaghan helped a client win a dismissal of a criminal simple assault charge. Callaghan & Callaghan showed that the alleged victim and the suspect had a long standing relationship. The alleged victim’s story regarding the assault was not supported by the evidence. Case dismissed.

  • Driving Under the Influence: In Washington County, Callaghan & Callaghan helped a client win a dismissal of criminal driving under the influence charges due to issues with the traffic stop. Client avoided penalties on all alcohol related driving charges and the DUI case was expunged.

  • Possession of a Controlled Substance: In Newport County, a felony criminal charge of possession of a controlled substance was dismissed. Callaghan & Callaghan showed that client was in the wrong place at the wrong time and was arrested without probable cause.

As a prosecutor with the Rhode Island Department of Attorney General, James M. Callaghan, secured a conviction in a brutal day time beating in Central Falls. The assault ultimately lead to the death of an innocent person walking home from his job at a local factory. After trial, the Defendant was sentenced to life in prison.  The official press release can be found here: http://www.ri.gov/press/view/13637

Family Court and Supreme Court Appeal:

Child Custody:

Callaghan & Callaghan prevailed in an appeal on a child custody matter before the Rhode Island Supreme Court.  After years of litigation tangentially related to the custody matter in other courts, one parent sought to be reunified with children. Callaghan & Callaghan argued that despite the outcome of separate litigation and cases, a Family Court’s earlier ruling remained in effect. Callaghan & Callaghan showed that the parent had yet to satisfy requirements to gain visitation. Chief Justice Suttell wrote the opinion supporting Callaghan & Callaghan’s position. This decision was recently cited as a notable case at a statewide judicial conference.

Elisa M. Catley v. Mark D. Sampson, RI Supreme Court Appeal No. 2012-167-AR

 Civil Litigation – Trial:

Callaghan & Callaghan recently secured a trial verdict for a client in the Washington County Superior Court.  A dispute over the contractual terms of the purchase and sale of a business began in 2003.  After the seller could not secure an agreement with the buyer, she sought out representation from Callaghan & Callaghan.  In September of 2013, a Superior Court justice found in favor of Callaghan & Callaghan’s clients and awarded damages plus interest since July 2008.

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