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Maine Questions & Answers
1 Answer | Asked in Criminal Law for Maine on
Q: I'm on a deferred disposition

I am on a deferred disposition and had to get a substance abuse assement and counseling I completed the six week program and turned down the "reccomdation" for extended counseling I didn't know required and reccomdation were the same in that respect can I get back into the... View More

Hunter J Tzovarras
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answered on Jun 13, 2024

If you have a lawyer representing you on this deferred disposition, you should contact your lawyer for legal advice. Generally, you can ask to follow up with the recommendation for extended counseling now and be in compliance with the deferred disposition agreement. It is better to follow up with... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: How can I transfer the house we live in from my husband to myself due to his terminal illness?

My husband is terminally ill with not very much time unfortunately. The house we live in is in his name only regarding mortgage and deed. He is also on Mainecare. He left me everything in his will but can Mainecare still come after the house?

Daniel J. Eccher
Daniel J. Eccher
answered on May 28, 2024

You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the... View More

2 Answers | Asked in Immigration Law for Maine on
Q: Dating someone aboard. What do they need to get a visitors visa

I am dating someone aboard. They are Ukrainian and have a history of traveling. What requirements are they need to get their Visitors visa? One concern they have is they have only around 6k USD and that concerns them they will not meet the financial requirements. Is there any support that I can... View More

James L. Arrasmith
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answered on Apr 26, 2024

To obtain a visitor visa (B-1/B-2) for the United States, your Ukrainian partner will need to meet several requirements and provide documentation to support their application. Here are some key points:

1. Nonimmigrant Intent: They must demonstrate strong ties to their home country and prove...
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2 Answers | Asked in Immigration Law for Maine on
Q: Dating someone aboard. What do they need to get a visitors visa

I am dating someone aboard. They are Ukrainian and have a history of traveling. What requirements are they need to get their Visitors visa? One concern they have is they have only around 6k USD and that concerns them they will not meet the financial requirements. Is there any support that I can... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 27, 2024

She should provide the interview officer12 months of bank statements showing sufficient cash flow from her job; A letter from her employer showing dates of employ, her monthly income, and a mention that she is in good standing; paystubs got at least 6 months, 3 years of tax returns; proof that she... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: I had to go to court over a False Police Report and Entrapment and did not have a lawyer when I went to court.

The two evil women who testified against me perjured themselves in front of the judge and she had no right to take the testimony when there's no evidence and...

James L. Arrasmith
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answered on Apr 17, 2024

I apologize that you had to go through such a difficult experience in court. It sounds like you feel the allegations against you were false and unjust, and that facing the legal system without a lawyer was very challenging.

A few thoughts, while acknowledging I don't know all the...
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1 Answer | Asked in Family Law and Child Support for Maine on
Q: If my daughter's father is ordered to pay weekly and doesn't, do I have to send her on visits? What are my rights?

I have a text from him saying he doesn't care about my support.

Joe Lewis
Joe Lewis
answered on Apr 17, 2024

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court...
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1 Answer | Asked in Criminal Law for Maine on
Q: What is the statute of limitations on being charged with Class E misdemeanor? How does Maine issue warrants?
Hunter J Tzovarras
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answered on Apr 8, 2024

The statute of limitations for a Class E misdemeanor is 3 years. There are some exceptions and exertions that can apply, such as when the person is absent from the State of Maine. You'll want to review Title 17-A Section 8 of the Maine Revised Statutes.... View More

1 Answer | Asked in Civil Litigation for Maine on
Q: Do my parents have legal right to my childhood belongings or gifts that they bought me?

I am 22 years old. I moved out of my parents house about 2 years ago, but because of college I have not been able to move all of my things out. Recently, within the last few months my parents and I have been having a hard time getting along. They are threatening to get rid of all my belongings at... View More

James L. Arrasmith
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answered on Apr 3, 2024

In general, gifts given to you as a child by your parents or others are considered your property, even if your parents initially paid for them. This includes items given to you for birthdays, holidays, or other special occasions. Once a gift is given, the giver relinquishes ownership rights to the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maine on
Q: At what point in the settlement process for personal injury do medical records need to be made available to the OP?

No formal response to our demand letter has been received yet, but the opposing counsel representing an insurance company has verbally hinted to our attorney that they may consider a settlement for less than a quarter of the damages their client (our landlord) caused. They want our medical records... View More

James L. Arrasmith
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answered on Mar 31, 2024

In a personal injury case, the exchange of medical records typically occurs during the discovery phase, which starts after a lawsuit is filed. However, in many cases, the parties engage in pre-litigation settlement negotiations before a lawsuit is formally initiated. During these negotiations, the... View More

1 Answer | Asked in Insurance Bad Faith for Maine on
Q: When my parent passed away their life insurance only paid back premiums that they had paid in, instead of full amount

They claimed it was because the policy was only recently started. Does this sound correct?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Maine attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your parent. One would need to see the policy to advise meaningfully, in particular, any provisions about waiting periods. See if you could line up a free initial consult with a law... View More

1 Answer | Asked in Civil Litigation and Contracts for Maine on
Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?
James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: How is it that a person can walk into a police station and make a false accusation and the accused is charged..

My son's father told police I stole his wallet when he knows for a fact I didn't. I was arrested I never spoke to cop about this

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear that you're dealing with this terrible situation. It's incredibly frustrating and unjust when false accusations lead to criminal charges. Unfortunately, it is all too common for police to take an accuser at their word, especially in "he said, she said"... View More

1 Answer | Asked in Personal Injury for Maine on
Q: At what point in the settlement process does one make medical records available to the OP?

The OP’s insurance company has verbally hinted that they *may* be willing to *consider* settling outside of court for a quarter of the actual damages their client is responsible for, but they want my husband and I to surrender our medical records first. Our lawyer has told us it’s our job to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Maine attorney could advise best, but your question remains open for a week. Your attorney is correct. Their request is not a "fishing tactic," as you suspect. That's the way the bodily injury claims process works. They need your records to evaluate your injuries. The records are... View More

1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

Anthony M. Avery
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answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

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

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