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Maine Questions & Answers
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...
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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
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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

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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
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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

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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
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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

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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
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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
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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...
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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
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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
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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
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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
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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 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
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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...
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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
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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...
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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
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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
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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 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
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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 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.

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