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answered on Jan 17, 2020
There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... View More 
A mechanical issue reduced the need for employees and I was sent home. Losing a days pay.
answered on Jan 15, 2020
The Fair Labor Standards Act does not require that employers give their employees a minimum number of hours to work; it only requires that employees be paid at least minimum wage for each hour worked. If you were sent home (and thus did not perform work) during this mechanical issue, there is no... View More
So to clarify my question a little more:
I'm a writer, and looking to do some research for my book. In it, someone is arrested on a felony, and the prosecution argues that he's dangerous and his bail should be denied.
So firstly: at what stage would the prosecution argue... View More
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answered on Jan 11, 2020
The bail would be argued at the initial appearance.
If someone is granted bail they are released right away after the initial appearance.
Hope that helps. Thanks
My rent is due the 1st of the month. I sent my check out and it must of gotten lost in the mail. So the landlord emailed me and said " As of yesterday, December 11, I had not received rent for the month of December 2019 which was due on December 1. Pursuant to your lease, you are now also... View More
answered on Jan 9, 2020
No, this is not harassment, but there are several potential issues here. One you may want to explore is, assuming this is a residential lease, the maximum late fee for rent not paid within 15 days after it is due is 4% of one month's rent. So, if your rent is $950 per month, the late fee... View More
Aaron’s closed its rockland maine shop and I asked them to get there stuff Because I was selling the house and they said they didn’t want to cause they are closing to and to ask another Aaron’s company to collect it so we did and basically got the run around anyways I have received many calls... View More
answered on Dec 25, 2019
If you have a landlord/tenant situation, you want to review this: https://www.mainelegislature.org/legis/statutes/14/title14sec6013.html
If not, I suggest you review this: https://www.maine.gov/treasurer/Maine%20UP%20Reporting%20Manual.pdf
If this was a rental-purchase situation,... View More
Had the sheriff serve her twice no luck money gone told putting something in the newspaper ? Do I neee to refine the divorce paperwork?? Help
answered on Dec 16, 2019
You will have to file a motion for alternative service if you cannot find her. Do you have her email address, one that she responds to when you email her? if so you could ask the court to order that service by electronic mail be deemed ok. you will need an affidavit from the sheriff that he/she... View More
If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... View More
answered on Dec 9, 2019
Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... View More
answered on Dec 8, 2019
In order to provide you with a more complete response, I would need to know more facts and I would need to explore some of the facts you have outlined. For example, I don’t know what you mean when you state: “The security deposit from my previous tenant was transferred over to the... View More
My mom's Will states house/property to be divided equally between myself and 2 siblings. One sibling has deceased. The will states if a child predeceases my mother (which he did) their part will be equally divided between remaining siblings. My deceased sibling was separated many years but... View More
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answered on Nov 30, 2019
If your mom’s will truly was written the way you described it, no, the wife has no chance of inheriting.
We live in state housing and he is on the lease can the landlord kick him out?
My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... View More
answered on Nov 23, 2019
Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... View More
The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... View More
answered on Nov 20, 2019
The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... View More
answered on Nov 19, 2019
You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000... View More
I brought them to court to have them removed. They still owe me rent plus late fees plus repairs. They are telling me I have to give back the deposit. I don't agree.
answered on Nov 13, 2019
Depending on the numbers involved, you are likely correct. In a residential lease situation, the landlord can keep all or part of the tenant’s security deposit if there are damages to the property that aren’t just “normal wear and tear” and/or the tenant owes the landlord rent when the... View More
My father allowed my brother to come stay with him for a couple months while he was looking for his own apartment. During that time, my father passed away. I inherited the house and now my brother is renting a bedroom from me, there is no lease. He insists that I give him a key to my garage and has... View More
answered on Nov 13, 2019
I am assuming you are now the sole owner of the house and your brother is a tenant at will under an oral agreement with you. In these circumstances, I don’t see any reason why you would need to give him a key to the garage, especially since you are allowing him to access the items he has in... View More
We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... View More
answered on Nov 12, 2019
You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.
He's 17 he's had probations and has gotten into trouble before but never with arson
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answered on Nov 9, 2019
If he is charged as a juvenile, the maximum penalty could be a commitment to the juvenile jail until the age of 21. It does not mean he would receive this but that would be the maximum. If the State is able to bind him over and charge him as an adult, the maximum penalty for arson is 30 years in... View More
Been paying faithfully for almost 3 yrs... including taxes
She did not record our contract, nor does she have the deed. Do I have recourse?
answered on Nov 7, 2019
I am sorry, but there aren’t enough facts in your question to allow me to answer it. Perhaps it would be more efficient and helpful for you to call our office at your convenience at 846-6111 and ask for my partner, Cecilia Guecia?
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answered on Oct 30, 2019
You can contact the court where the charge is and ask. If it's an arrest warrant it may be sealed until he's arrested so you would not be able to find out through the court. Typically only warrants for failure to appear in court are public record. Arrest warrants for new cases are... View More
We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.
answered on Oct 22, 2019
33 M.R.S. § 172(3) provides: "[t]he following transfers are exempt from this subchapter: . . . 3. Power of sale. Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by... View More
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