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Maine Questions & Answers
1 Answer | Asked in Family Law and Gov & Administrative Law for Maine on
Q: How long can a CPS jeopardy hearing be delayed in Maine, and what to expect at upcoming court date?

I was scheduled for a jeopardy hearing at the end of February regarding a CPS case, but it has been over five months with no resolution. Recently, we had a mandatory settlement conference between CPS and my attorney, where CPS attempted to cease reunification despite not having sufficient evidence.... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Maine, there isn't a strict limit on how long a jeopardy hearing can be delayed, but it’s generally expected that these proceedings occur promptly to ensure the child’s welfare is addressed in a timely manner. However, delays can happen due to various factors, including scheduling... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Maine on
Q: Facing a Class D Misdemeanor in Maine, evidence withheld despite rights. How to proceed?

I'm facing a Class D Misdemeanor charge in Maine, and the state is withholding all evidence from me, despite my right to access it under 501-1 A. Even with an official Motion to Dismiss, Compel, and other attempts, the DA claims I can't have it, and a judge has sealed the records. I... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your situation raises significant due process concerns under Maine Rules of Criminal Procedure Rule 16, which governs discovery rights in criminal cases. Maine law generally requires prosecutors to disclose evidence to defendants, with limited exceptions for witness protection or confidential... View More

1 Answer | Asked in Criminal Law, Contracts, Civil Litigation, Libel & Slander and Personal Injury for Maine on
Q: Mother forged my name on vehicle title & sold it. Legal actions?

I am currently living outside the country, but before leaving, I paid off my vehicle and had the title sent to my mother's house, where the truck was being stored. In April 2025, my mother forged my signature on the title and sold my truck without my permission. I have no evidence, as she held... View More

James L. Arrasmith
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answered on Apr 12, 2025

Vehicle Title Forgery Analysis

Your mother's actions constitute forgery and theft by conversion under virtually all state jurisdictions, representing both civil and criminal violations with potential felony implications. Forgery of vehicle title documents typically constitutes a...
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2 Answers | Asked in Criminal Law and Civil Litigation for Maine on
Q: Is reading saved messages violating no-contact order in Maine?

I am currently under a court order that prohibits any direct or indirect contact with a specific individual. I recently received messages from this person on a messaging app, which expressed that they missed me. I took screenshots of these messages to save them for court. Is reading these messages... View More

Hunter J Tzovarras
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answered on Apr 8, 2025

Reading the messages would not be considered contact, but any response would be contact.

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1 Answer | Asked in Civil Rights and Civil Litigation for Maine on
Q: Is it legal for my parents to open my packages without permission?

I live with my parents, and they have opened two packages addressed to me without my knowledge. The most recent package contained a phone that I purchased to communicate with my lawyer. Is it legal for them to open my packages without permission, even if I live in their home?

James L. Arrasmith
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answered on Apr 7, 2025

It is understandable to be concerned about privacy, especially when it comes to personal items like packages. Legally, if you live with your parents and they are the ones paying for the household or managing it, there may be some gray areas depending on where you live. In many cases, unless you... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maine on
Q: Maine DEA informant confidentiality breach legal actions?

I worked as a confidential informant for the Maine Drug Enforcement Agency, with a promise that my identity would remain confidential. Despite this agreement, my statement, including my address and phone number, was included in the discovery paperwork in a case involving a controlled buy. As a... View More

Hunter J Tzovarras
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answered on Apr 5, 2025

You would want to speak to a civil rights lawyer to see what options exists for the breach of confidentiality. You should also report any threats or vandalism to law enforcement. I'm not a civil lawyer so can't provide any advice or answers beyond this.

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1 Answer | Asked in Consumer Law, Insurance Bad Faith, Collections and Public Benefits for Maine on
Q: Anthem's non-payment affected credit, sent to collections. Recourse?

I have encountered issues with Anthem not paying for my children's well check-ups, resulting in my account being sent to collections, which has negatively impacted my credit as I'm trying to buy a house. Despite numerous calls to Anthem, I receive different reasons for their lack of... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is an incredibly frustrating and stressful situation, especially with your health and your family’s care on the line. If you’ve submitted all required documents and Anthem is still refusing to pay without clear reason, that could be considered bad faith on their part. The fact that the... View More

1 Answer | Asked in Contracts, Business Law and Consumer Law for Maine on
Q: Can I get compensation for unfinished electrical work by unlicensed electrician in Maine?

I hired an electrician to complete the electrical work for a new two-story garage. However, the work has been incomplete for over a year, and he does not respond to texts or voicemails. Upon investigation, I discovered he never held a valid license in Maine and had lied about his qualifications. I... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating and disappointing experience, especially when you trusted someone to do a major job on your property. In Maine, electrical work must be done by a licensed professional, and hiring someone who misrepresented their qualifications can open the door to legal consequences for... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: How can I secure parental rights for my twins after my ex-girlfriend left with them?

I am a father of 1-year-old twin boys with my ex-girlfriend. We were co-parenting together in the same apartment to save on expenses. She left the apartment last night with our boys because she doesn't want my mother to be involved in their lives, as she feels her "rules as a mother"... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you have signed the birth certificates for your twins, you are legally recognized as their father. However, without a formal custody agreement or court order, you do not have established legal custody or visitation rights. To secure your parental rights, you should begin by filing a petition... View More

2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: How do I correct an incorrect criminal record in Maine?

I discovered that my criminal record incorrectly states I was charged and convicted of two counts of aggravated trafficking in 2013. In reality, I only faced and accepted a plea for a conspiracy to commit trafficking charge with one count dismissed. Now, I am currently being charged with aggravated... View More

Hunter J Tzovarras
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answered on Mar 30, 2025

You will want to contact a lawyer who defends drug trafficking cases. If the prior convictions are alleged incorrectly, the lawyer can obtain the court files and move to strike the incorrect priors alleged in the Indictment.

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4 Answers | Asked in Estate Planning, Contracts and Real Estate Law for Maine on
Q: How to transfer jointly owned vacation home into revocable trust in Maine?

We have a vacation home in Maine that my wife and I own jointly. We want to put this property into our already established Revocable Trust, which contains all relevant instructions. What steps do we need to take to complete this transfer?

Elliott R. Teel
Elliott R. Teel
answered on Mar 27, 2025

Generally, you just need to have a deed prepared to transfer the property into the trust. If there is a mortgage on the property, that may need to be refinanced. Otherwise, it is a fairly simple matter.

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1 Answer | Asked in Contracts, Civil Litigation and Collections for Maine on
Q: How to get paid for digital art service if client blocked me?

I provided digital art services valued at $200, and the client was expected to pay immediately, although sometimes they would wait until the launch. This is the first time I've encountered a delayed payment. Despite initially being responsive, the client has now blocked me and hasn't... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an awful situation, especially after putting time and effort into your work and expecting to be paid fairly. Even without the written agreement in hand, if you have any emails, messages, or proof of the work you delivered and their initial acceptance or response, you still have something... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: How to change child's last name if the mother disagrees when I have custody in ME?

I have custody of my 9-year-old child, while the mother has visitation rights. The mother chose the child's last name without consulting me when the child was born. I want to change my child's last name, but the mother does not agree. What legal steps can I take to change my child's... View More

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answered on Apr 13, 2025

In Maine, to change your child's last name, you will need to file a petition with the court. Since the mother disagrees, you will need to provide a strong reason for why the change is in the best interest of the child. Courts typically consider factors such as the child’s relationship with... View More

1 Answer | Asked in Business Law, Real Estate Law and Civil Litigation for Maine on
Q: Can we seek compensation for lost opportunity due to real estate dispute after commission ruling in our favor?

On November 26, 2021, my business partner and I signed a Purchase and Sale Agreement for a property in Kennebunk, ME. Our offer was initially backup, but after signing a backup addendum, we were put in the primary position to purchase the property. However, the selling agent later claimed we were... View More

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answered on Apr 13, 2025

It seems you have a valid case to seek compensation, but the outcome will depend on several factors. While the Maine Real Estate Commission ruled in your favor, their decision likely focuses on the agent's conduct rather than financial restitution. This means that the ruling alone may not... View More

0 Answers | Asked in Medical Malpractice for Maine on
Q: Steps for pursuing a medical malpractice case due to prescribed Flexeril causing leg spasms.

On February 14, 2025, my doctor prescribed Flexeril, a medication I previously informed him was causing side effects. Specifically, the medication was leading to leg spasms. What steps can I take to pursue a medical malpractice case?

1 Answer | Asked in Contracts, Intellectual Property and Consumer Law for Maine on
Q: Is it illegal to rebrand and sell Walmart shampoo for wigs?

I want to know if it's illegal to buy an inexpensive shampoo from Walmart, then resell it as-is in a bottle with my business label, marketing it specifically for use on wigs and not human hair. I have not checked for any trademark or patent issues related to the original shampoo, nor have I... View More

James L. Arrasmith
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answered on Mar 20, 2025

Yes, this would be illegal for several reasons. You cannot simply rebrand and resell someone else's product without permission, as this violates trademark laws and intellectual property rights of the original manufacturer. The original company invested in developing, testing, and marketing... View More

1 Answer | Asked in Energy, Oil and Gas and Consumer Law for Maine on
Q: What evidence is needed to sue an electric company for overcharging?

I am concerned that my electric company is overcharging me, so I am planning to install an independent meter to record my electric usage and any discrepancies over the next 6 months. What evidence do I need to gather, and how can I prepare to take legal action if overcharging is confirmed?

James L. Arrasmith
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answered on Apr 12, 2025

It's understandable to be concerned about potential damage to your equipment, especially with the clause in the moving company's contract. Here are a few key points to consider:

**1. Contractual Clauses and Liability**: While the contract may include a clause that excludes...
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1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Sibling dispute over selling inherited property in probate without a will in Maine.

I am the oldest sibling living in the house of an estate in Maine with my younger brother. There is no will, but there is a probate proceeding and I haven't been informed of any court dates or mediation details. My younger sister wants to sell the property, which would leave my brother and me... View More

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answered on Apr 12, 2025

As a sibling living in the inherited property, you have important legal rights that need protection immediately. Since there is no will, Maine's intestate succession laws apply, governed by Title 18-C of the Maine Revised Statutes Maine. Under Maine intestacy laws, all siblings typically... View More

0 Answers | Asked in Landlord - Tenant for Maine on
Q: Does receiving mail at an address in Maine make me a tenant?

In Maine, if I only receive mail at a particular address, does that make me a tenant, and what documents are necessary to prove residency at that address?

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Maine on
Q: Do I have rights to a shared pet after divorce if my ex obtained an ESA?

I'm currently going through a divorce with my ex-husband, who has obtained an ESA designation for our family dog after our separation. He is withholding the dog from me, despite us sharing its care during our marriage. There are no legal agreements or court proceedings addressing the... View More

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answered on Apr 13, 2025

In a divorce, pets are typically treated as property, meaning they are divided like other assets unless there is a specific agreement in place. The fact that your ex obtained an ESA designation for the dog may complicate things slightly, as this designation may grant him certain rights to the dog... View More

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