Lawyers, Answer Questions  & Get Points Log In
Maine Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: I had to go to court over a False Police Report and Entrapment and did not have a lawyer when I went to court.

The two evil women who testified against me perjured themselves in front of the judge and she had no right to take the testimony when there's no evidence and...

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

I apologize that you had to go through such a difficult experience in court. It sounds like you feel the allegations against you were false and unjust, and that facing the legal system without a lawyer was very challenging.

A few thoughts, while acknowledging I don't know all the...
View More

1 Answer | Asked in Family Law and Child Support for Maine on
Q: If my daughter's father is ordered to pay weekly and doesn't, do I have to send her on visits? What are my rights?

I have a text from him saying he doesn't care about my support.

Joe Lewis
Joe Lewis
answered on Apr 17, 2024

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court...
View More

1 Answer | Asked in Criminal Law for Maine on
Q: What is the statute of limitations on being charged with Class E misdemeanor? How does Maine issue warrants?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

The statute of limitations for a Class E misdemeanor is 3 years. There are some exceptions and exertions that can apply, such as when the person is absent from the State of Maine. You'll want to review Title 17-A Section 8 of the Maine Revised Statutes.... View More

1 Answer | Asked in Civil Litigation for Maine on
Q: Do my parents have legal right to my childhood belongings or gifts that they bought me?

I am 22 years old. I moved out of my parents house about 2 years ago, but because of college I have not been able to move all of my things out. Recently, within the last few months my parents and I have been having a hard time getting along. They are threatening to get rid of all my belongings at... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

In general, gifts given to you as a child by your parents or others are considered your property, even if your parents initially paid for them. This includes items given to you for birthdays, holidays, or other special occasions. Once a gift is given, the giver relinquishes ownership rights to the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maine on
Q: At what point in the settlement process for personal injury do medical records need to be made available to the OP?

No formal response to our demand letter has been received yet, but the opposing counsel representing an insurance company has verbally hinted to our attorney that they may consider a settlement for less than a quarter of the damages their client (our landlord) caused. They want our medical records... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

In a personal injury case, the exchange of medical records typically occurs during the discovery phase, which starts after a lawsuit is filed. However, in many cases, the parties engage in pre-litigation settlement negotiations before a lawsuit is formally initiated. During these negotiations, the... View More

1 Answer | Asked in Insurance Bad Faith for Maine on
Q: When my parent passed away their life insurance only paid back premiums that they had paid in, instead of full amount

They claimed it was because the policy was only recently started. Does this sound correct?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Maine attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your parent. One would need to see the policy to advise meaningfully, in particular, any provisions about waiting periods. See if you could line up a free initial consult with a law... View More

1 Answer | Asked in Civil Litigation and Contracts for Maine on
Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: How is it that a person can walk into a police station and make a false accusation and the accused is charged..

My son's father told police I stole his wallet when he knows for a fact I didn't. I was arrested I never spoke to cop about this

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

I'm so sorry to hear that you're dealing with this terrible situation. It's incredibly frustrating and unjust when false accusations lead to criminal charges. Unfortunately, it is all too common for police to take an accuser at their word, especially in "he said, she said"... View More

1 Answer | Asked in Personal Injury for Maine on
Q: At what point in the settlement process does one make medical records available to the OP?

The OP’s insurance company has verbally hinted that they *may* be willing to *consider* settling outside of court for a quarter of the actual damages their client is responsible for, but they want my husband and I to surrender our medical records first. Our lawyer has told us it’s our job to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Maine attorney could advise best, but your question remains open for a week. Your attorney is correct. Their request is not a "fishing tactic," as you suspect. That's the way the bodily injury claims process works. They need your records to evaluate your injuries. The records are... View More

1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maine on
Q: My father in law owns a parcel of land he inherited from his father. The man who owns the adjacent property has put up

A locked gate on the easement. My father in law has been unable to access this land for many years. He is an elderly man and this neighbor has been intimidated him. My father in law is scared of this neighbor so has not done anything about this.

My father in law wants to gift my husband... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 20, 2024

There are a couple of issues here. First is if the easement is in the deeds, and what the stated scope of it is. If there is clear language in the deed granting the right-of-way that is being blocked, then there are grounds to sue. If the right-off-way is only based on past use, that is more... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Looking for case re: a piece of property must be defined in such a way that it can be located on the face of the earth.

I seem to remember having once seen such a case but now I can't find it. If a deed is so vague that the parcel of land can't be located, and abutters cannot know where their property line is, is the deed valid? For example, "a certain right of way in a general westerly direction... View More

Fred Bopp III
Fred Bopp III
answered on Feb 15, 2024

Here is one such Maine case, which cites three other decisions:

"The description must be such as to enable a person to identify the real estate and to apply the description to the face of the earth. The description of the real estate must be certain or refer to that by which it can be...
View More

2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: How long after indictment returned does a state have to prosecute of you're already incarcerated serving another county

I was serving time for a separate county, I served 16 months. Once I was released on probation for that county, I was re arrested for an indictment that was filed 12 months prior that I was never made aware of because they admittedly made a clerical error.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

The specific time frame a state has to prosecute after an indictment is returned can vary depending on the jurisdiction and the nature of the charges. This period is governed by the statute of limitations, which sets the maximum time after an event within which legal proceedings may be initiated.... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: How long after indictment returned does a state have to prosecute of you're already incarcerated serving another county

I was serving time for a separate county, I served 16 months. Once I was released on probation for that county, I was re arrested for an indictment that was filed 12 months prior that I was never made aware of because they admittedly made a clerical error.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

You have a right to a speedy trial on an indictment. If the State failed to prosecute the case for 12 months--due to no fault of your own--you can raise this as a speedy trial claim and request a dismissal. There are four factors the court considers in whether to dismiss a case for a speedy trial... View More

View More Answers

2 Answers | Asked in Criminal Law for Maine on
Q: I'm on a deferred disposition And am not aloud to use or posses alcohol but on the marijuana box it has nothing

Will I get in trouble for smoking since it's still federally illegal I'm in a state where it's legal

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

If the deferred disposition agreement and bail bond do not prohibit using marijuana then using it will not be considered a violation of either. Possessing marijuana is still a federal crime in Maine. The Justice Department is unlikely to charge or prosecutor misdemeanor possessions of marijuana in... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My husband passed away and medical bills are coming in. Am I responsible for paying for them? I live in Maine

Our home is paid for, vehicles also.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

In Maine, whether you are responsible for your deceased husband's medical bills largely depends on various factors, including the nature of the debts, your husband's estate, and whether you were a joint account holder or co-signer on any of his debts. Generally, the estate of the deceased... View More

1 Answer | Asked in Intellectual Property and Copyright for Maine on
Q: my writing was acquired under false pretences and is now used for their personal gain. I have since obtained a copyright

I need legal help to explain my options.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

If your writing was acquired under false pretenses and is now being used for personal gain by someone else, it's important to understand that you have legal options to address this infringement.

First, if you haven't already, send a formal cease and desist letter to the...
View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Maine on
Q: My 12 year old son is staying he wants to live with his adopted father. His father is unemployed, lives currently with

His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence.... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Maine on
Q: What should I do when a lawyer knows that my case could've been won?

I had an attorney for another law firm tell me that when they worked for my trial lawyer they looked at my case and they told me that my trial lawyer "screwed me over". my trial lawyer filed a motion to suppress evidence but never showed up, the motion was because I was held at MMC in... View More

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

The procedure for challenging a conviction due to errors by trial counsel is a post-conviction review for ineffective assistance of counsel. Once the post-conviction process is final in the State court, you can file a petition for review in the federal court. There are strict time limits for filing... View More

1 Answer | Asked in Immigration Law for Maine on
Q: If USCiS schedules a 751interview less than 4 months after a surprise home visit raised red flags, is that a bad sugn?

My wife filed her 751 last year in September and then received the two year temp green card extension and then a four year extension. We were not expecting an interview/decision for two years or more. Then we had a surprise home visit in August, which found my wife had left weeks before and was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

The scheduling of an I-751 interview shortly after a surprise home visit by U.S. Citizenship and Immigration Services (USCIS) can indeed be indicative of concerns or 'red flags' from their perspective, particularly in a situation where they discovered that your wife was not residing at... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.