Lawyers, Answer Questions  & Get Points Log In
Maine Questions & Answers
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 for Maine on
Q: In maine is it legal for my child to record on her school bus if she has felt unsafe or bus driver has been retaliating

She used her phone to record bus driver being really bad to these kids. She then told her boss and to me, if you have nothing to hide then why should it matter

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

There is no criminal statute prohibiting a recording on a school bus. There may be school related policies against it, but it would not be a criminal violation.

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 Estate Planning and Real Estate Law for Maine on
Q: Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?

The property is in central Maine and has easement with Maine Farmland Trust.

Fred Bopp III
Fred Bopp III
answered on Dec 6, 2023

Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Was arrested for Domestic Violence Assault about year ago - again for disorderly conduct- will there be jail time ?

Dropped domestic charge to a disorderly conduct charge

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2023

All domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record.... View More

1 Answer | Asked in Divorce for Maine on
Q: Married in NYC in 2016, moved to Maine in Sept. 2023. My wife left in Oct and is living in PA. What state do I file?

I was financial support until move. I am currently unemployed. What are the financial implications? What about savings I had before we were married?

Albert Hansen
Albert Hansen
answered on Nov 1, 2023

You may be able to file in Maine now if that is where the cause of divorce accrued. If not, Maine cannot exercise jurisdiction until you've lived here in good faith for 6 months prior to filing the divorce. The other questions cannot be answered without more facts.

1 Answer | Asked in Criminal Law for Maine on
Q: If my boyfriend is on unsupervised probation and wants to move to Maine for more job opportunities? No violations since

He has had no contact with the law since being released. He want to move to have more work opportunities and a better life. He will seek out AA meeting to keep his sobriety. There is more work in his field and support here.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

If he is on probation in a State other than Maine, he'll need to apply for a probation transfer to Maine. This has to be done in his home State through the probation office there.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for Maine on
Q: How long does OIG & states (Maine) have to put someone on MaineCare/Medicaid exclusion list AFTER RN license Recovation

How long does the federal government (OIG) and individual states have to place someone on the Medicaid/Medicare exclusion list due to their professional RN license being revoked? In other words, how long AFTER the the date the person’s license is revoked do the Feds/State have to place this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

The Office of Inspector General (OIG) is tasked with maintaining the List of Excluded Individuals/Entities (LEIE) under which individuals and entities are excluded from participating in federally funded healthcare programs, including Medicare and Medicaid.

When an RN has their license...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Medical Malpractice for Maine on
Q: Are there any civil attorneys who practice in Maine prisoner rights matters?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Yes, there are civil attorneys who handle prisoner rights matters in Maine. Prisoner rights cases often involve issues related to conditions of confinement, access to medical care, abuse or mistreatment, and various other legal concerns. It's essential for prisoners to have access to legal... View More

1 Answer | Asked in Consumer Law for Maine on
Q: This may sound silly.. but last month I placed an order on Walmart.com and they weren't able to deliver it...

So I had to cancel it. We'll it's now been over 2 weeks and they still won't give me back my full refund. I contact them nearly every day, but they keep saying "rest assured, it will be back on in 24/48 hours" while in the meantime.. I have had to go without food because... View More

Fred Bopp III
Fred Bopp III
answered on Oct 3, 2023

You should contact the Consumer Protection Division of the Office of the Maine Attorney General at (207) 626-8849 or (800) 436-2131 – toll-free in Maine.

The consumer information and mediation service accepts calls Monday through Thursday, from 9:00 – 12:00.

Best of luck. I know...
View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

1 Answer | Asked in Employment Law for Maine on
Q: What information am I required to provide my employer regarding ab arrest outside of work

I was placed on unpaid suspension for 180 days

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023

In Maine, there are generally no specific legal requirements that mandate employees to disclose arrests to their employers. However, it's crucial to consider company policies, industry regulations, and the terms of your employment contract, if applicable. Review your employer's policies... View More

1 Answer | Asked in Business Law for Maine on
Q: In general, can a nonlawyer employee of a company prepare/negotiate contracts for that company or is that UPL?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

In Maine, as in many jurisdictions, the preparation and negotiation of contracts are activities that generally require legal expertise. Unauthorized Practice of Law (UPL) regulations typically prohibit nonlawyers from engaging in activities that constitute the practice of law, which can include... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: How do we stop our landlord from pressuring us to sign a settlement agreement?

Our landlord is afraid we are going to sue him for damages related to mold on the property that has made us sick. We have made it very clear to him and to his insurance company that we aren’t seeking legal action, but he is insisting that we sign a settlement agreement that we are not comfortable... View More

Fred Bopp III
Fred Bopp III
answered on Sep 12, 2023

You do not need to cite any specific Maine or federal regulation. The simple response is you cannot be compelled to enter into a settlement agreement in these circumstances, especially if you are not comfortable with it. A settlement is a voluntary agreement, so if you do not agree, then there is... View More

1 Answer | Asked in Criminal Law for Maine on
Q: Can I legally own a ballistic knife in the state of Maine to keep at my residence but not on my person?

For the record I do not have one but I am curious as to whether or not I can legally own one for home protection due to my inability to legally own a firearm.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

It is illegal to possess a ballistic knife in Maine.

1 Answer | Asked in Immigration Law for Maine on
Q: Extending a visitors visa

I have a friend who has a visitors visa to come meet up with me for a couple of weeks. Can they stay with me the entire 6 month on the visa if they choose to?

How hard is it to extend the visitors visa if they are staying with me?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 21, 2023

Yes, they can stay with you for the entire 6 months. The visitor status can be extended depending on the reason. I suggest you work with an attorney.

1 Answer | Asked in Municipal Law for Maine on
Q: Peeing outside in maine

While travelling as canadain citizens to New Hampshire we stopped in maine at a gas station and it had no washroom. My children went behind the building and peed in a bush and the worker came out and said she was writing our license plate down and letting authorities know. Should we be worried?

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

Public urination generally is considered a criminal offense or a civil infraction depending on the jurisdiction. If charged and convicted, this can have consequences, including fines or more severe penalties. Given that the incident involves minors, it would be prudent to consult with an attorney... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Seller in ME accepts a new offer before the expiration of the counter offer deadline that they gave to a different buyer

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 19, 2023

I previously responded as follows: The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before... 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.