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Maine Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Maine on
Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’...one officer was the... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Oct 1, 2022

Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: When leaving a Casino I saw some money was left on an ATM ( 250.00) I took it assuming lost money.

Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed

Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 29, 2022

You should not talk with law enforcement or anyone related to this investigation. If law enforcement asks to speak with you about it, you should politely let them know you do not wish to talk with them. This will not be held against you; anything you say to them can be used as evidence. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: Can I get my firearm back after being charged with possession by a prohibited person for assumption of drugs?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 5, 2022

You can have the firearm returned once the case is over, if the case ends with the charge dismissed or you are found not guilty, and not otherwise prohibited from possessing a firearm.

1 Answer | Asked in Criminal Law for Maine on
Q: Hi I have been charged with theft class e crime. I just refused to pay for the sandwich which I didn’t like as it wasbad

Will the judge drop the charges?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 30, 2022

The Judge cannot drop the charge because it is up to the District Attorney what charge to bring and whether to drop it or not.

You could have a trial on the charge with the Judge and if the Judge finds the District Attorney has not proven beyond a reasonable doubt you committed the charge...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Maine on
Q: If i expose myself in new Hampshire, can I be arrested in Maine?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 27, 2022

If New Hampshire obtained an arrest warrant, you can be arrested in Maine on the warrant. The warrant would have to be extraditable in order to have you brought back to New Hampshire for the charge.

1 Answer | Asked in Criminal Law for Maine on
Q: I have 14 year old fta bench warrant for class c drug theft (which I did not commit). How can i clear it up without jail

I was charged 2008 with stealing drugs(I did purchase them, but did not steal them) while homeless. I missed two court hearings due to not receiving notice of changed/new dates(homelessness is like that). So twice I was arrested and had to post over $1500. combined bond that ended up forfeit... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 16, 2022

If there is a bail set on the warrant now, you can turn yourself in and post the current bail amount and be released. You may also be able to negotiate withdrawing the warrant and posting a bail with the DA's office. I'd recommend contacting your previous lawyer on this matter, or hiring... Read more »

2 Answers | Asked in Family Law and Immigration Law for Maine on
Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Aug 2, 2022

I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The... Read more »

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1 Answer | Asked in Bankruptcy for Maine on
Q: I have 7 months left on my bankruptcy. I recieved an email saying it is getting changed to 21 months

The email stated " apparently the unsecured claims add up to more than what the plan provides, and they just realized it. In addition, there is also not sufficient funds to pay our fees to date. We will need to do an amended plan to get things paid as needed. With the additional claims/fees... Read more »

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

It is both normal and legal and happens all the time. Plan payments are routinely amended every day across the country.

1 Answer | Asked in Probate and Child Custody for Maine on
Q: Can my 16 year old go to probate and say she wants to live with me rather than her mother?

She been living primarily with her mother and her husband. The mother and husband have threatened her physically repeatedly. She does not feel safe and does not want to return there

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 20, 2022

Without delay, you should call Child Protective Services at 1-800-452-1999.

Then, you should go to your local District Court and file for a Protection from Abuse Order on the teen's behalf. The filing fee is free; you can file it for free on the child's behalf. For more...
Read more »

1 Answer | Asked in Real Estate Law and Military Law for Maine on
Q: What can I go for as far as damages when a seller fully breaches a contract for a home sale?

Sellers home loan fell through on their home purchase, however, our contract to buy had no contingency about the seller purchasing a home. We were unaware they were waiting to purchase one. Seller did not show up to closing, and informed us just an hour before our final walk through they were... Read more »

Fred Bopp III
Fred Bopp III
answered on Jul 19, 2022

Depending on the terms of your Purchase and Sale Agreement, and assuming the sellers have breached that Agreement, you have two general options to consider pursuing, which are mutually exclusive. First, you can seek the return of your earnest money deposit. Additionally, you can seek money damages... Read more »

1 Answer | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Legal Malpractice for Maine on
Q: Invalid prenup became valid in retaliation of reporting fraud by attorney.

My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.

Timothy Denison
Timothy Denison
answered on Jul 17, 2022

What is your question?

2 Answers | Asked in Criminal Law for Maine on
Q: a fire Marshall stop by and said he would be back to charge me accessory to arson or conspiracy of arson what do I do
Zachary J. Smith
Zachary J. Smith
answered on Jul 8, 2022

Sign the summons and go to court as instructed on the summons. Do not say anything to the fire marshal. Do not talk to anyone other than your defense attorney about the alleged arson or any role you might have or might not have played in it. You have the right to remain silent and should use it.

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1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: How do I get beneficiary of estate to vacate the property?

I am legal representative and other beneficiary. It was stated in the will that the property would be sold upon death. I am starting the sale of the property and need her out in 30-45 days. How do I get her out.

Fred Bopp III
Fred Bopp III
answered on Jul 7, 2022

To properly answer your question, I would need to review the terms of the will. You may need to pursue an eviction action, which can be complicated. You should consult with an experienced attorney.

1 Answer | Asked in Criminal Law for Maine on
Q: Back in March of this year I was served a summons for an alleged assault on a member at Planet Fitness in Waterville, ME

Today I learned of a "docket # KENCDCCR202220419. How do I determine who filed the complaint and how do I get to see any & all witness statements? This is a frivolous case and a waste of the court's time. Do I need an attorney?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 7, 2022

You can contact the court for a copy of the complaint. The complaint would have been filed by the district attorney's office on behalf of the State. After your initial appearance in court, the State is required to turn over all evidence on the charge, including any statements, etc. You should... Read more »

1 Answer | Asked in Divorce and Civil Litigation for Maine on
Q: Do I have to split my money from selling the house with my ex husband?

My ex husband and I got a divorce several years ago. In the divorce degree, it said that I had to pay him $8000 for real estate, $4100 for a vehicle, and $2500 for lawyer fees. $8000 was paid so far and there is documentation for that. I am just now selling my house and was going to pay him the... Read more »

Fred Bopp III
Fred Bopp III
answered on Jul 5, 2022

The answer will likely depend on the terms of your divorce decree. You would be well advised to have a qualified attorney review it and advise you.

1 Answer | Asked in Criminal Law for Maine on
Q: Do plaintiffs get a say over whether a plea deal sentence is harsh enough?

Specifically its a misdemeanor theft charge and there is video surveilance evidence (and he has priors as well) so the only real incentive for prosecution is to avoid the hassle of a trial...I think he needs to go to prison and also return the items so I need to know whether I'll have any say... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 5, 2022

The victim of a crime can be heard at sentencing. Maine law requires the State to inform victims of sentencing and their right to be heard. A victim cannot appeal any sentence imposed.

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: What is the likelihood that I will be granted custody of elementary school-aged children due to truancy

I want to ask for weekdays during school w/ dad having weekends, all minor holidays and school breaks with odd/even year split major holidays. Dad having them during the week during summer.

I am trying to keep it so the dad still has as close to 50/50 as possible but I have them during... Read more »

Robert Guillory Esq
Robert Guillory Esq
answered on Jul 4, 2022

if things are as you say i would think your chances would be very good. i would consider contacting child protective at dhhs if the kids are not going to school.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Maine on
Q: What's the difference between a felony and a felony waiver

I have a felony but I never did prison time on the application is it still recognized as a felon

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 2, 2022

If you have been convicted of a felony, it is on your record, even if you did not serve any jail time.

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jun 30, 2022

Federal law prohibits anyone who is: "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)" from possessing a firearm. This would include marijuana use because it is defined as a controlled substance... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: I co-own a camp with two family members, all three of our names are on the deed. I can I have them buy me out?

Or sell the camp and split three way?

Fred Bopp III
Fred Bopp III
answered on Jun 8, 2022

Generally speaking, the short answer to your questions is yes, but that answer could be impacted by the terms of the deed conveying the property to the 3 of you, any related documents concerning your joint ownership of the property and its potential sale, and how the three of you hold title to the... Read more »

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