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I wish to drop a criminal mischief charge against a woman who kicked and threw rocks at my door to avoid going to court, as she has requested a jury trial. However, I want to ensure that the written no trespassing order, issued by a police officer, remains in effect. Is it possible to keep the no... View More 
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answered on Mar 5, 2025
A no trespass order is separate from a criminal charge in court. It would remain in effect even if the criminal charge is dismissed. Typically, a no trespass order is effective for one year. You should contact the DA's office about your concerns with the trial and proceeding on the criminal case.
Considered zone of employment after work so worker’s compensation is covering medical only and not 2 days lost wages, property damage and pain and suffering
answered on Mar 4, 2025
A Maine attorney could advise best, but your question remains open for a month. Not normally on a W.C. matter - small claims are not set up for that - they usually have their guidelines for cases that are straightforward and limited damages. W.C. has its own adjudication systems/panels. Most small... View More
I was charged with an OUI and have completed all the necessary programs, including DEEP in August 2023, IOP in May 2024, and 14 one-hour sessions from June to September 2024. I also completed the required 150-day suspension period and paid the fine last year. With these conditions met, is this... View More
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answered on Mar 2, 2025
In order to be reinstated, you need serve the suspension period, complete DEEP and any recommended counseling, and pay a $50 reinstatement fee to the BMV. It sounds like you have completed everything and need to pay the reinstatement fee. You can pay the reinstatement fee online at:... View More
I am selling my part of a multi-member LLC to another person in Maine. We have drafted a buy-sell agreement for the transaction, but it has not been reviewed by an attorney. All members of the LLC have agreed to the sale. Since this is my first time handling such a transaction, I would like to know... View More
answered on Feb 23, 2025
The paperwork for change in the membership in the LLC is kept with the LLC, and not filed with the state. The LLC will need to file an Annual Report with the Maine Secretary of State by June, and that should reflect the change in the membership.
As part of the buyout, you will sign a... View More
I went to my Disposition conf. (for D.V. Charge) and was not personally involved in any negotiations.
Not only did my lawyer not contact me prior to my date.. I had to text him to find out where he was once I was there. Once we had met up in a conf room.. I was told to "hang on"... View More
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answered on Feb 11, 2025
Dispositional conference are held in chambers between the State's attorney and defense counsel. The defendant is not present for the conference in chambers. The defendant is required to appear in court and be available to discuss any offer with counsel. If any agreement is reached between the... View More
During the custody agreement with my sons mother and I, we agreed to let her claim him on his taxes each year. This year she did not earn enough to get the child tax credit. Am I able to claim him without legal repercussion from the state or his mother?
answered on Feb 2, 2025
Hello,
According to the custody agreement, your son's mother has the right to claim the child on her tax return. This agreement doesn't change even if she doesn't qualify for the child tax credit. So, you can't claim the child on your return without her agreement.... View More
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answered on Jan 6, 2025
The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.
Fourth Amendment rights can be lessened if a... View More
the bone was not set correctly with the plate and screws and the plate sticks up which constantly aggravates the tendons
now having surgery and paying another years deductibles and bills for another specialist to operate to remove the plate & screws and if that does not take the problem... View More
answered on Jan 3, 2025
Whether the first surgeon did something wrong - did not follow standards of care in setting the wrist with hardware - must be stated by another surgeon. In Maine if the surgeon did not follow proper standards of care in setting the wrist with hardware then a potential claim may be brought for the... View More
after her tooth removal she developed lumps on her forehead and temple area, bruising on her cheek, abdomen, and knees that she had none of before
answered on Nov 27, 2024
I am sorry to learn of your wife’s symptoms after her tooth extraction. What you mention in your question is concerning. Maine medical malpractice law requires that another similarly qualified dentist be able to objectively review the dental records and conclude based on that review that the... View More
Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?
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answered on Nov 17, 2024
If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.
If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have... View More
Can the other land owner refuse the sale of the house? Or prevent the sale of the house? The other owner has tried to get me to agree to putting the house in a trust, and my knowledge of trusts is that you no longer own the property 100%.
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answered on Jul 15, 2024
Unless it is a mobile home, that house is part of the real property. If a MH, then you may wish to remove it. If you built a house on someone else's property, then hire a NJ attorney to file an action for a Sale For Partition. There you can claim, and possibly recover, some reimbursement.
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answered on Jun 23, 2024
The answer to this questions would depend on numerous factors, such as where is the vessel being held, does the person holding it claim any right to it, how it would be removed, etc? You should consult with a lawyer about the particular facts and circumstances of this matter before taking any... View More
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answered on Jun 23, 2024
Yes, under U.S. Federal law, if someone is instructed to release a vessel but fails to do so, the owner can legally remove the vessel. This is supported by case law where the courts have addressed similar situations involving the retention and release of vessels.
The key term is has the... View More
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
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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
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?
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
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
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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... View More
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
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
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...
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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... View More
I have a text from him saying he doesn't care about my support.
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... View More
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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
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