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Maine Questions & Answers
1 Answer | Asked in Criminal Law for Maine on
Q: in maine, what would happen to a newly turned 18 year old found dealing class a drugs if its a first offense?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2019

Most Class A drug charges in Maine carry a mandatory minimum 4 year prison sentence. The maximum is 30 years for this charge. If found guilty of the Class A crime and the mandatory 4 years applies then that would be the lowest sentence that can be imposed. Please let me know if there are any... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Evict a tenant at will after complaints from the two other tenants living in the house.

Three tenants at will living in the same house. They have a co-tenant agreement between them. I have received multiple complaints from two of the tenants about the other individual for missing items and not helping with any chores around the house. I'm not sure weather I should evict the one... View More

Fred Bopp III
Fred Bopp III
answered on Jul 27, 2019

Under Maine law, to evict a tenant at will for causing a nuisance within the premises, you will first need to provide a 7-day Notice to Quit (which must conform to the statutory guidelines) terminating the tenancy at will. As landlord, you will need to show, by affirmative proof, that the tenant... View More

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 Family Law and Child Custody for Maine on
Q: I gave someone guardianship of my daughter about 3yrs ago or so how would I get my daughter back?
Denise Rini
Denise Rini
answered on Jul 18, 2019

Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.

1 Answer | Asked in Contracts for Maine on
Q: I have a verbal agreement to pay a car for 1 year on time then I won’t need to finish out the pay. But now he wants meto

One year ago I made a verbal agreement I would pay one year on a car he purchased with a secured loan. I made the payments on time for one year, but now he’s bullying and harassing me saying I need to finish paying out the adorations two years. The car was $3500, and I held my end of the verbal... View More

Fred Bopp III
Fred Bopp III
answered on Jul 18, 2019

Verbal agreements can be enforceable under many circumstances, and this may be one of those situations, but the problem you are facing is the primary issue with verbal agreements. If there is a dispute over the agreement, then you need to prove the terms of the agreement with testimony (because... View More

1 Answer | Asked in Criminal Law for Maine on
Q: How much time do you serve on a 60 day sentence? Charge is probation violation.Original charge dv assault
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2019

On a DV assault charge, you can earn up to 5 days of good time credit per month, so you may end up doing 50 out of the 60. It is possible if you obtained a trustee job you could get more time off as well. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: charged with saleuse of paraphernalia and furnishing the place/liquor. this charge was when i was 17, but my court-

-date is the day after my 18th birthday. how will i be charged? this is my first time getting a summons. i am so nervous

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2019

If it occurred before you turned 18 and is a criminal charge, you'd be charged as a minor, not adult. If it is not a criminal charge, but a civil violation, it is not a criminal charge and the age does not matter. I hope this helps. Thanks

1 Answer | Asked in Real Estate Law for Maine on
Q: What rights do I have if a restaurant is encroaching on my property?

It was not disclosed when I bought my home that the Chinese restaurant was encroaching on my property, however, I figured it out quickly and if fact it states on my deed that they are encroaching on my property. I have been trying to deal with this for 23 years with no luck. There is now a new... View More

Fred Bopp III
Fred Bopp III
answered on Jul 7, 2019

You’re going to need to get a survey done to determine the proper boundaries of your property, so your first step will be to figure out how you can afford to pay for one. Have you shopped around to compare prices?

1 Answer | Asked in Real Estate Law for Maine on
Q: Does a 30 lot subdivision accessed by a private road allow lot owners to use said road only to access their property?

The subdivision is a statutory form of HOA and each lot owner contributes $200 per year for the annual maintenance in accordance with a Road Maintenance Agreement. One member is trying to make a case that lot owners have ingress/egress rights only to their respective property and no further. The... View More

Fred Bopp III
Fred Bopp III
answered on Jun 25, 2019

The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.

I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer... View More

Fred Bopp III
Fred Bopp III
answered on Jun 23, 2019

I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: my sisiter owns a home in Fla. she would like to put me on the deed, I live in Maine . Do I need to physically be there
Fred Bopp III
Fred Bopp III
answered on May 30, 2019

I don't know what Florida law requires, but I doubt it. If she is having an attorney draw up the deed in Florida, they will know.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord increase my rent in the middle of a lease?

Can I withhold rent if there are issues with my apartment that arent being fixed?

Fred Bopp III
Fred Bopp III
answered on May 27, 2019

You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... View More

2 Answers | Asked in Patents (Intellectual Property) and Products Liability for Maine on
Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.

I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it... View More

Tim Akpinar
Tim Akpinar
answered on May 24, 2019

It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured,... View More

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1 Answer | Asked in Real Estate Law for Maine on
Q: As a PR, how do I go about conveying my mother's house to my sister?

She is named in the will but I don't know what is needed for her to actually own the house.

Fred Bopp III
Fred Bopp III
answered on May 24, 2019

The general answer is you (as PR) would need to execute and deliver a deed regarding the subject property from the probate estate to your sister. I would urge you to contact an attorney to make sure this is done correctly. My partner, Cecilia Guecia, handles matters like this. You can reach her... View More

2 Answers | Asked in Banking for Maine on
Q: I had a fraudulent charge ( somebody took money out online as cash advance), I got message from Bank Of America.

I went into the bank second day and reported, they investigated, first I got a letter said I am not responsible, then I got another letter said I am responsible for it, plus he open checking on my name and deposited $1000 into the account and Then transferred money out. It took the bank along time... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 3, 2019

It is very unclear what exactly happened here; I cannot see where you have told us how much money was taken out of your account by a cash advance; and I am still uncertain if there was more than one account involved.

In any even, banks can close a client's account whenever they want...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?

She has been driving by our house at a crawl, walking around our yard, and when she thinks nobody is home, she enters the home to put notes on our stove. I just want to know if this is legal since she owns the lot and not the trailer we live in or if we can get a protection order or something to... View More

Fred Bopp III
Fred Bopp III
answered on May 2, 2019

To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?

That said, and subject to the terms of your lease, I would...
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1 Answer | Asked in Elder Law for Maine on
Q: I’m looking to buy my mother’s house and wanted to know a few legal questions.

I’m buying my Moms house. She is 85 and wants to live with us but the home is small. She is giving me a deal on the home so that I can borrow more money, which she would receive and then gift me back the money so we could put on a second level. The question is, will Medicaid be able to take the... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Apr 25, 2019

On first blush, without knowing the details, I would advise that you and your mother delay this plan until she has consulted with an Elder Law attorney who has experience with Medicaid (known in Maine as “MaineCare”) applications. The situation you described is fraught with the potential to a)... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Maine on
Q: real estate q. / 2011 divorce & family land?

in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?

Fred Bopp III
Fred Bopp III
answered on Apr 24, 2019

My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.

Thank you and best,

Fred

2 Answers | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Q: Do I have to give a customer back money on an overpaid check. (Private sale)

A customer in Florida sent a Cashiers check to me (I am in Maine). He sent a check for more than he meant to pay, my question is am I legally obligated to pay him back the extra money?

Fred Bopp III
Fred Bopp III
answered on Apr 14, 2019

I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the... View More

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1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!

There are no lawyers in Maine who know what to do? They took my business and the house.People say to me , " they can' t do that "? I reply " they have". MOST awful experience. So I am in first circuit and they ignore the case.18-1930. If there is an attorney out... View More

Fred Bopp III
Fred Bopp III
answered on Mar 30, 2019

I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.

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