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Maine Questions & Answers
1 Answer | Asked in Criminal Law for Maine on
Q: In maine is it legal for my child to record on her school bus if she has felt unsafe or bus driver has been retaliating

She used her phone to record bus driver being really bad to these kids. She then told her boss and to me, if you have nothing to hide then why should it matter

Hunter J Tzovarras
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answered on Dec 14, 2023

There is no criminal statute prohibiting a recording on a school bus. There may be school related policies against it, but it would not be a criminal violation.

1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?

The property is in central Maine and has easement with Maine Farmland Trust.

Fred Bopp III
Fred Bopp III
answered on Dec 6, 2023

Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Was arrested for Domestic Violence Assault about year ago - again for disorderly conduct- will there be jail time ?

Dropped domestic charge to a disorderly conduct charge

Hunter J Tzovarras
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answered on Nov 11, 2023

All domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record.... View More

1 Answer | Asked in Divorce for Maine on
Q: Married in NYC in 2016, moved to Maine in Sept. 2023. My wife left in Oct and is living in PA. What state do I file?

I was financial support until move. I am currently unemployed. What are the financial implications? What about savings I had before we were married?

Albert Hansen
Albert Hansen
answered on Nov 1, 2023

You may be able to file in Maine now if that is where the cause of divorce accrued. If not, Maine cannot exercise jurisdiction until you've lived here in good faith for 6 months prior to filing the divorce. The other questions cannot be answered without more facts.

1 Answer | Asked in Criminal Law for Maine on
Q: If my boyfriend is on unsupervised probation and wants to move to Maine for more job opportunities? No violations since

He has had no contact with the law since being released. He want to move to have more work opportunities and a better life. He will seek out AA meeting to keep his sobriety. There is more work in his field and support here.

Hunter J Tzovarras
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answered on Oct 30, 2023

If he is on probation in a State other than Maine, he'll need to apply for a probation transfer to Maine. This has to be done in his home State through the probation office there.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for Maine on
Q: How long does OIG & states (Maine) have to put someone on MaineCare/Medicaid exclusion list AFTER RN license Recovation

How long does the federal government (OIG) and individual states have to place someone on the Medicaid/Medicare exclusion list due to their professional RN license being revoked? In other words, how long AFTER the the date the person’s license is revoked do the Feds/State have to place this... View More

James L. Arrasmith
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answered on Oct 18, 2023

The Office of Inspector General (OIG) is tasked with maintaining the List of Excluded Individuals/Entities (LEIE) under which individuals and entities are excluded from participating in federally funded healthcare programs, including Medicare and Medicaid.

When an RN has their license...
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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 Consumer Law for Maine on
Q: This may sound silly.. but last month I placed an order on Walmart.com and they weren't able to deliver it...

So I had to cancel it. We'll it's now been over 2 weeks and they still won't give me back my full refund. I contact them nearly every day, but they keep saying "rest assured, it will be back on in 24/48 hours" while in the meantime.. I have had to go without food because... View More

Fred Bopp III
Fred Bopp III
answered on Oct 3, 2023

You should contact the Consumer Protection Division of the Office of the Maine Attorney General at (207) 626-8849 or (800) 436-2131 – toll-free in Maine.

The consumer information and mediation service accepts calls Monday through Thursday, from 9:00 – 12:00.

Best of luck. I know...
View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

1 Answer | Asked in Employment Law for Maine on
Q: What information am I required to provide my employer regarding ab arrest outside of work

I was placed on unpaid suspension for 180 days

T. Augustus Claus
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answered on Sep 15, 2023

In Maine, there are generally no specific legal requirements that mandate employees to disclose arrests to their employers. However, it's crucial to consider company policies, industry regulations, and the terms of your employment contract, if applicable. Review your employer's policies... View More

1 Answer | Asked in Business Law for Maine on
Q: In general, can a nonlawyer employee of a company prepare/negotiate contracts for that company or is that UPL?
T. Augustus Claus
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answered on Sep 13, 2023

In Maine, as in many jurisdictions, the preparation and negotiation of contracts are activities that generally require legal expertise. Unauthorized Practice of Law (UPL) regulations typically prohibit nonlawyers from engaging in activities that constitute the practice of law, which can include... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: How do we stop our landlord from pressuring us to sign a settlement agreement?

Our landlord is afraid we are going to sue him for damages related to mold on the property that has made us sick. We have made it very clear to him and to his insurance company that we aren’t seeking legal action, but he is insisting that we sign a settlement agreement that we are not comfortable... View More

Fred Bopp III
Fred Bopp III
answered on Sep 12, 2023

You do not need to cite any specific Maine or federal regulation. The simple response is you cannot be compelled to enter into a settlement agreement in these circumstances, especially if you are not comfortable with it. A settlement is a voluntary agreement, so if you do not agree, then there is... View More

1 Answer | Asked in Criminal Law for Maine on
Q: Can I legally own a ballistic knife in the state of Maine to keep at my residence but not on my person?

For the record I do not have one but I am curious as to whether or not I can legally own one for home protection due to my inability to legally own a firearm.

Hunter J Tzovarras
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answered on Sep 3, 2023

It is illegal to possess a ballistic knife in Maine.

1 Answer | Asked in Municipal Law for Maine on
Q: Peeing outside in maine

While travelling as canadain citizens to New Hampshire we stopped in maine at a gas station and it had no washroom. My children went behind the building and peed in a bush and the worker came out and said she was writing our license plate down and letting authorities know. Should we be worried?

James L. Arrasmith
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answered on Aug 29, 2023

Public urination generally is considered a criminal offense or a civil infraction depending on the jurisdiction. If charged and convicted, this can have consequences, including fines or more severe penalties. Given that the incident involves minors, it would be prudent to consult with an attorney... View More

1 Answer | Asked in Immigration Law for Maine on
Q: Extending a visitors visa

I have a friend who has a visitors visa to come meet up with me for a couple of weeks. Can they stay with me the entire 6 month on the visa if they choose to?

How hard is it to extend the visitors visa if they are staying with me?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 21, 2023

Yes, they can stay with you for the entire 6 months. The visitor status can be extended depending on the reason. I suggest you work with an attorney.

1 Answer | Asked in Real Estate Law for Maine on
Q: Seller in ME accepts a new offer before the expiration of the counter offer deadline that they gave to a different buyer

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 19, 2023

I previously responded as follows: The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Is this legal?? Desperate for answers

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 18, 2023

The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before it is accepted by the offeree, but... View More

1 Answer | Asked in Construction Law for Maine on
Q: Can I issue a mechanic lien?

I sold my house and moved in with girlfriend. Over the course of 5 years, I not only purchased materials, but also provided labor to upgrade many aspects of her house. I was then forced to move out can I put a mechanic lien on home so if she sells I get my money back?

Fred Bopp III
Fred Bopp III
answered on Aug 18, 2023

Likely not. Under Maine law, any lien you had was dissolved unless you, within 90 days after ceasing to labor, furnish materials, or perform services filed a proper statement of lien claim in the office of the proper register of deeds. The 90-day period does not apply when the labor, materials, or... View More

1 Answer | Asked in Criminal Law for Maine on
Q: After a plea hearing for manslaughter from an accident, what’s the typical amount of time to report to prison? In Maine
Hunter J Tzovarras
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answered on Jul 30, 2023

After a plea is entered, a sentencing hearing will occur. This could be on the same day as the plea or on a different date. Once sentence is imposed, the defendant is expected to start the sentence that day. It is possible for the sentence to be stayed for an appeal or to report at a later date.

1 Answer | Asked in Family Law, Domestic Violence and Divorce for Maine on
Q: How do I proceed with a divorce if my spouse will not sign paperwork?

My spouse is avoiding service and is refusing to sign anything. He is also been charged with three counts of domestic violence against me and is avoiding arrest and court on these issues also and now has felony warrants. There is bail conditions set that he cannot see or speak to me and one of our... View More

Robert Guillory
Robert Guillory
answered on Jul 29, 2023

You can file the divorce along with a motion for alternate service. You will need to submit with the motion an affidavit showing what efforts you have made to serve him as well as something from the sheriffs dep as to their efforts. You can ask that he be served by publication or any other means... View More

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