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Maine Civil Rights Questions & Answers
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

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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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 Civil Rights, Constitutional Law and Criminal Law for Maine on
Q: Probation searches done by police in Maine, no warrant, not probationer home, property labeled no trespass arrested

the police just walked into my mother in laws garage opn a supposed probation check, no tresspass signs are posted everywhere, came into garage then announced, threw me out and my mom in law told them no consent as this isn't my house, probation officer not present, located said fentanyl; no... View More

Hunter J Tzovarras
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answered on Jun 22, 2023

If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated... View More

1 Answer | Asked in Contracts, Family Law, Civil Rights and Identity Theft for Maine on
Q: How do I find out if my family forged my signature on a power of attorney? How do I find out if I have 1?

I'm pretty sure my grandparents Forged my signature on a power of attorney and are also illegally video&audio monitoring me amongst other tracking ect... I'm 29.

I would never sign one and I have knowledge of past signature forgeries.

How do I find out if I have one... View More

John Michael Frick
John Michael Frick
answered on Feb 20, 2023

A power of attorney authorized another person to take action on your behalf. The person named in the POA is usually the holder and custodian of the physical instrument itself.

When third parties like banks, hospitals, etc have dealings with the person named in the POA when they are acting...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Maine on
Q: Can a tenant put up a camera that is shared by two separate tenants. Is it a privacy issue?

I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?

Fred Bopp III
Fred Bopp III
answered on Feb 17, 2023

Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?

As a general matter, the first place to look for...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Q: How long can they hold you in a dry tank inside the county jail in New Hampshire?

My wife was picked up on tuesday. Today is now Saturday. Her warrant was out of York county maine, but she was picked up in Stratford county New Hampshire. They have held her inside a dry tank I'm assuming because they thought she must have been trying to smuggle something in. She has not been... View More

Hunter J Tzovarras
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answered on Oct 29, 2022

Since she was arrested and being held in a NH jail, NH's rules of procedure and extradition will apply. You will want to consult with a NH lawyer for these questions. I'm only licensed to practice in Maine. In Maine, a person arrested is required to appear before the Court within 48 hours... View More

1 Answer | Asked in Civil Rights for Maine on
Q: I’ve used this shampoo for months how can I be apart of the class action
Fred Bopp III
Fred Bopp III
answered on Jul 9, 2021

Without knowing the shampoo you used, I cannot help you. Please provide the name of the shampoo and I may be able to help you.

1 Answer | Asked in Family Law and Civil Rights for Maine on
Q: If I request for a lawyer in family court in Maine, can a judge tell me " You're not getting one"?
Joe Lewis
Joe Lewis
answered on Nov 5, 2020

Hi there.

If it is truly a family court case (district court, FM docket number, title 19-A) then the judge is telling you a truth, however rudely he or she said it. There is no provision under Maine law for a party to get a free or court-appointed lawyer.

If you are needing help...
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2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for Maine on
Q: I am being forced to vacate my residence with 3 days notice, no legal document or reason. My mother owns the structure.

Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal?... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 18, 2019

I think you should each get your own lawyer. If you (the daughter) have a low income, you may be able to get help from Pine Tree Legal Assistance (they have a great web site: www.ptla.org). Your mother, if she is over 60, should be able to get help from Legal Services for the Elderly... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Q: What happened to the historical definition of liberty? Freedom from unreasonable physical restraint as in being arreste

How come the first part of the 4th amendment refers to the operation of the law and not the reasonableness of the law?

Why is marijuana not treated as property and the laws criminalizing marijuana are not subjected to strict scrutiny standard of review?

Gary Kollin
Gary Kollin
answered on Jul 19, 2018

Because the founding fathers wrote it that way in 1789

1 Answer | Asked in Civil Rights and Copyright for Maine on
Q: Can you publish a picture of someone in a book without their consent or knowledge?

When I was a minor I had a photo shoot done for a photo that was to be put in a book that had a limited; exclusive release of only 200 copies. My parents, nor I never signed anything, and I was never given any credit or compensation. This year, the picture was published again in a different book,... View More

William C. Head
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answered on Aug 16, 2017

This all depends on the paperwork signed at the photo shoot. That will likely control your legal rights.

Here are 15 possible candidates that may be able to help you. I suspect most will tell you (by phone) if it is something they will consider handling. If the publisher of the mass...
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1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for Maine on
Q: Does he have any rights to the house he lives in--doesn't own, but pays for?

My boyfriend still lives with his mother because she can't afford living in the house by herself; however, she just sold the house while he is still living in it. Does he have any rights? Thank you

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 25, 2017

No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.

1 Answer | Asked in Civil Rights for Maine on
Q: Who can help with a David shopping while Black/non-white vs Goliath Big Box efforts that resulted in discrimination?

Need brainstorming help with what my next move needs to be on this case: Shopping while Black/non-white. Store security person detained me on exiting the store to check my personal bag , while not doing same to the other shoppers exiting the store. No proof of any shoplifting to make me a suspect.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Get an attorney for this? Conduct discovery process with the usual types of discovery matters, request the entire personel file of the security guard, interrogatories, perhaps requests for admissions if available in your state, depositions of key figures who have personal knowledge about the... View More

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