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Questions Answered by Zachary J. Smith
2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on
Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back

We have squatters in our camp on leased land in the unorganized territories of Maine. We have everything we need to show the camp is ours but we do not know the legal system. Can you have a warranty deed to a building that is on leased land?

Zachary J. Smith
Zachary J. Smith answered on Jan 15, 2019

That issue is out of my usual areas of practice. It also sounds like something that would require extensive research and litigation. I don’t think I can take on a case like that pro bono.

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1 Answer | Asked in Criminal Law for Maine on
Q: Are there any instances where the police wouldn't need a warrant to search a house?
Zachary J. Smith
Zachary J. Smith answered on Dec 3, 2018

That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.

1 Answer | Asked in Animal / Dog Law and Criminal Law for Maine on
Q: If I suspect animal abuse or neglect on a neighbors property how much trouble could I get in for trespassing for proof?

Animal control has been called more than once from other neighbors and they have done nothing. The property is very obviously dirty and smells horrible. You can see many dogs on short chains and small, inadequate cages from the road. If someone were to go on the residents property to get proof of... Read more »

Zachary J. Smith
Zachary J. Smith answered on Aug 27, 2018

This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.

1 Answer | Asked in Criminal Law for Maine on
Q: Hi i got 2 seperate charges for theft i got a court date july 17th in ellsworth maine am i looking at just a fine
Zachary J. Smith
Zachary J. Smith answered on Jun 8, 2018

There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.

1 Answer | Asked in Criminal Law for Maine on
Q: My daughter has 5 class c felonies and a violation of an 18 month divered disposition agreement how much time ?
Zachary J. Smith
Zachary J. Smith answered on Apr 5, 2018

If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.

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