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Maine Questions & Answers
1 Answer | Asked in Criminal Law for Maine on
Q: Is there a hearing, where you would go to the court to tell the court you won’t take the final deal from the State?

In Maine. If there is a, hearing rule number

Felony charge

T. Augustus Claus
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answered on Jul 28, 2023

In some cases, there may be a pre-trial conference or a status hearing scheduled in court, during which the parties discuss the case's progress and any potential resolution. However, this is not specifically designated as a hearing to reject a plea deal. It is an opportunity for both parties... View More

1 Answer | Asked in Criminal Law for Maine on
Q: Is there a, rule hearing, for telling the court that you’re saying no to a final plea deal from state?

Felony charges

T. Augustus Claus
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answered on Jul 28, 2023

When a defendant is offered a plea deal by the state, they typically have the option to either accept or reject the offer. If you decide to reject the plea deal, it is essential to communicate your decision to your defense attorney as soon as possible. Your attorney will then advise you on the next... View More

1 Answer | Asked in Copyright for Maine on
Q: I am writing a book...and was wondering if I could call if 'The Wheel of Retirement Fortune'...?

I would imagine 'Wheel of Fortune' is copywritten ...but if I interject 'Retirement' in the middle of it, shouldn't that be ok? Thanks

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 27, 2023

While it is true that WHEEL OF FORTUNE is a registered trademark for games, the proposed use of THE WHEEL OF RETIREMENT FORTUNE for a non-fiction book on a financial subject would not be infringing or likely to be confused with the games.

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Maine on
Q: Premeditaded crime or culpable homicide?

Should a person who has been involved in a car accident due to reckless driving - an accident which has led to the death of the passenger with him - while on his way to the scene of another premeditated crime in which he was an accomplice have what penalty imposed on him?

Hunter J Tzovarras
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answered on Jul 26, 2023

If the question is what penalty can be imposed for a manslaughter charge involving reckless driving, the answer is the maximum penalty is 30 years. The court looks to a number of factors to determine the appropriate sentence, including the way the crime was committed, and the individual who... View More

1 Answer | Asked in Health Care Law and Personal Injury for Maine on
Q: Wondering if I would have a case worth pursuing against a hospital who i feel gave an unsafe discharge

~ I was discharged after refusing to take dilaudid after being given fentanyl in the ambulance. I was unable to walk, but given crutches and told to walk anyways. I was unable to use bathroom safely. I was left in waiting room by myself without discharge instructions and with a prescription written... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

A Maine attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Try to arrange a free initial consult with an attorney - that would be the most definitive way to answer your question. If an attorney felt that you might have the basis for a case,... View More

1 Answer | Asked in Criminal Law for Maine on
Q: In Maine, Rule 11 hearing, is that hearing used to tell the court you're saying no to a final plea deal from the State?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

A Rule 11 hearing refers to a guilty plea hearing for a felony charge.

1 Answer | Asked in Criminal Law for Maine on
Q: In Maine, after all plea negotiations and no deal made, do you go to court to tell judge you're not going to take a plea
Hunter J Tzovarras
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answered on Jul 25, 2023

The case will be scheduled for a docket call, which is the time to tell the Court no plea agreement has been reached and the case will then be scheduled for a trial.

1 Answer | Asked in Foreclosure and Probate for Maine on
Q: My mother passed away and left the house with a reverse mortgage. Do I have do deal with it or can I walk away.

There is no will. A friend of hers had power of attorney and took care of her bills. The last of her bank account was used to cremate her and there are no liquid assets. There is another person still living in the house that doesn't seem motivated to move out that had lived there for free in... View More

Nina Whitehurst
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answered on Jul 20, 2023

Yes, you can step back and do nothing. The lender will foreclose and acquire the house and the heirs will have no personal responsibility to pay the reverse mortgage.

1 Answer | Asked in Insurance Bad Faith and Animal / Dog Law for Maine on
Q: Pet insurance denied my claim saying injury was due to illness with no explanation and I only have accidental coverage

My dog had knee surgery due to a torn ccl (acl). He was running and tore it. My insurance company is claiming it was due to an Illness. He has never been diagnosed with any sort of illness that would cause such a thing. I only have accident coverage and they won’t give me an explanation for the... View More

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2023

A Maine attorney could advise best, but your question remains open for two weeks. Look at the policy and see what the provisions for dispute are - civil suit, arbitration, etc. A veterinarian is best qualified to make a call on the matter, but a ligament tear appears to be more accident-related... View More

1 Answer | Asked in Family Law and Child Custody for Maine on
Q: Can two parents be together even tho their baby was removed by dhhs?
T. Augustus Claus
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answered on Jul 11, 2023

Yes, two parents can still be together even if their baby has been removed by the Department of Health and Human Services (DHHS). The removal of a child by DHHS does not necessarily dictate the relationship status of the parents. However, it's important to address the reasons for the... View More

1 Answer | Asked in Criminal Law for Maine on
Q: What is the expected punishment for a Class E misdemeanor in Maine for a first time offender?

Took money that I saw left at am ATM thinkin it was lost.

Hunter J Tzovarras
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answered on Jun 23, 2023

The maximum penalty for a Class E misdemeanor is 180 days in jail and $1000 fine. It is rare for someone to be sentenced to the maximum sentence. Depending on the circumstances of the offense, and the individual, it is possible to receive no jail time for a Class E misdemeanor.

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 Divorce for Maine on
Q: Is my daughter, the defendant in her divorce case, required to respond to her husband's lawyer after filing for divorce

The lawyer emailed her some legal papers. One was about discovery something

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

YES. If she is representing herself, she must comply with all court rules and procedures. This case arises under FAMILY LAW. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Divorce and Family Law for Maine on
Q: I have tried to serve my husband the divorce paperwork but he refuses to even look at the paperwork. How can I proceed?

It has now been 60 days since I tried serving the paperwork. We currently are living in the same household that is why I chose to serve the papers myself.

Robert Guillory
Robert Guillory
answered on Jun 4, 2023

you need to go to the sheriff's department in the county in which he lives. if he is out of state or far away call the sheriff's department in that county. you need to get the paperwork to them and they will serve him, he cannot refuse. they will mail back to you a return of service. you... View More

2 Answers | Asked in Family Law and Criminal Law for Maine on
Q: In ME, 1987-1988. Was it legal for a 14yo girl to be impregnated by a 17yo male? Does offspring have any civil option?

I am an adoptee seeking this info to find out if it's possible that my bio father isn't listed on my birth certificate to avoid sex offender registry in 1988 before romeo and Juliet laws.

Robert Kane
Robert Kane
answered on Jun 3, 2023

This would be better addressed by an attorney licensed in Maine. Orange County Unbundled Legal Services.

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1 Answer | Asked in DUI / DWI for Maine on
Q: OUI/dui help~

If you weren't drunk before a accident, but crash into a tree and drink alcohol after while waiting for police and a tow truck is it still a OUI even if u crash because u where texting and driving but you where sober at the time. no cop pulled you over and u where on the side of the road for... View More

David A. Simon
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David A. Simon
answered on May 24, 2023

This is a great question. The answer is no. For a DUI conviction, the person must be under the influence of alcohol at the time of driving. Many people get into an accident while sober, drive or walk home, and then consume alcohol. These people will likely be charged with DUI based on the... View More

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?

Daniel J. Eccher
Daniel J. Eccher
answered on May 22, 2023

Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: What are our options if we are sued to complete a contract to purchase?

We made an offer on a nice off grid camp that we liked, mostly because it had a bathroom & shower. During the inspection it was discovered that condos are going in behind, there is a crazy neighbor, & parties. Doubts surfaced, and also loan offered wasn't the loan outlined in the... View More

Fred Bopp III
Fred Bopp III
answered on May 15, 2023

Typically, the form parties sign to terminate a Purchase & Sale Agreement contains language providing for mutual releases of all claims. Assuming that is the case, you should have a complete defense if you are sued to complete the purchase under the Purchase & Sale Agreement.

2 Answers | Asked in Real Estate Law for Maine on
Q: I bought a piece of property in Maine in 2008. It was broken off from a larger piece of property.

I am now trying to sell this property and I am told that there is a problem with the title. What can I do?

Anthony M. Avery
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answered on May 9, 2023

Hire a MA attorney to search the Title and make recommendations. It may involve a Quiet Title Action, Survey, Boundary Dispute Action, etc. Sometimes clouded Titles cannot be cured.

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1 Answer | Asked in Personal Injury for Maine on
Q: If one is over-served alcohol at a casino and pass out, then they call ambulance,are they liable for medical bills?
Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Maine attorney could advise best, but your question remains open for two weeks. It could depend on the breadth and scope of the state's Dram Shop laws. These laws can differ from state to state. They are commonly applied in settings involving third-party victims, as in motor vehicle... View More

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