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Maine Questions & Answers
2 Answers | Asked in Car Accidents, Insurance Bad Faith, White Collar Crime, Personal Injury and Criminal Law for Maine on
Q: Accident in Maine, worried about insurance fraud accusation after buying insurance post-accident.

I was involved in an accident on July 4, 2025, where the other driver was at fault according to the police report. In a panic, I purchased insurance for my car after the accident, and it's noted on the police report that I had insurance at the time. I filed a claim with my insurance company... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 14, 2025

Buying car insurance right after an accident isn’t automatically fraud. The reason is, your policy has a timestamp showing when coverage starts, and the police report will show when the accident happened. If those don’t match up, it’s pretty clear the accident came first. That’s why it’s... View More

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2 Answers | Asked in Criminal Law, Landlord - Tenant, Civil Litigation and Real Estate Law for Maine on
Q: Help with boyfriend on probation hold due to false report.

My boyfriend is currently being held on a probation hold despite having never violated his probation before. He's on probation for driving without a license, and the hold seems to have been placed following an incident where a false report was made by my landlord, claiming he damaged property... View More

Hunter J Tzovarras
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answered on Jul 8, 2025

On a probation hold, the officer would have to file a motion to revoke probation within 5 days, and then he would be see by the court within 2 days of the motion being filed. Once he's seen by the court, the Judge can either set a bail or hold him to a final hearing on whether he violated... View More

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2 Answers | Asked in Estate Planning and Contracts for Maine on
Q: How can I get a copy of my POA to dispute its legitimacy?

In spring or summer 2024, a Power of Attorney was drafted for my daughter, but I'm now disputing its legitimacy and need a copy of the document. Unfortunately, she won't provide it to me. I don't remember which lawyer's office created it. Could my doctor's office, financial... View More

Anthony M. Avery
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answered on Jul 2, 2025

Is the POA for you? If so, then revoke it in writing before a notary. Make several originals and give the revocation declaration to any concerned persons/firms that have your property or might dissipate/transfer your property. Do this now before she takes everything. In any event you... View More

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2 Answers | Asked in DUI / DWI and Gov & Administrative Law for Maine on
Q: Do I have to submit to a breathalyzer at a DUI checkpoint?

I was stopped at a DUI checkpoint and the officer asked me to submit to a breathalyzer test, stating it was required at the checkpoint. Do I have to comply with this request?

Hunter J Tzovarras
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answered on Jun 24, 2025

Law enforcement needs probable cause to believe you are impaired in order to ask you to submit to a breath test. Portable breath test results are not admissible in Maine to establish a breath alcohol measurement. Only Intoxilyzer test results from a properly conducted test, and State approved... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Maine on
Q: How to address medical gaslighting by cardiologists in Maine?

I feel that I'm being medically gaslighted by cardiologists. Over a year ago, my cardiologist told me I had calcification in my arteries, which was noted in my medical charts. However, whenever I bring it up, they claim it was a mistake and say there's no point in retesting. I'm a... View More

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2025

They're probably making a quick determination, based on the low probability of heart disease in your age group, statistically. However, that doesn't mean you don't have the right to have your concerns addressed. Consults that are covered by insurance could be finite, and this might... View More

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2 Answers | Asked in Real Estate Law and Contracts for Maine on
Q: Am I liable for repairs on a property I own but don't live in?

I am listed on the deed and mortgage of a property I no longer live in, having moved out three years ago. The current inhabitants, who are not paying rent and who handle the mortgage payments, require repairs and renovations. There are no legal agreements in place concerning maintenance... View More

Elliott R. Teel
Elliott R. Teel
answered on Jun 5, 2025

The mortgage that you signed most likely requires that the property be maintained. If there is no agreement with the tenants that they need to do maintenance and repairs, then that is your responsibility as the owner.

It is not clear what you mean by "renovations", which...
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2 Answers | Asked in Criminal Law, Domestic Violence and Civil Litigation for Maine on
Q: Falsely accused of assault, ex-partner now assaulted me; concern over reporting due to breaching release conditions.

I was falsely accused of assault by my ex-partner, which led to my arrest with a no-contact order as a condition of release. Recently, she came to my home claiming to be homeless, and I allowed her to stay. She assaulted me with a glass, causing serious injury and hospitalization. Although I... View More

Hunter J Tzovarras
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answered on Apr 28, 2025

Any contact would be a violation of the condition of release. Depending on the charge for which you were placed on bail it can either be charged as a misdemeanor or felony. Her assaulting you would also subject her to possible criminal charges, but would not be a defense to a bail violation charge... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: My boyfriend sits in Cumberland County jail been there since last Thursday he can’t bail out has no bail. Why?!!

He always has had bail before so why not now??

Hunter J Tzovarras
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answered on Apr 18, 2025

There are a few reasons, he could be held with no bail: (1) If he is serving a sentencing there would be no bail, or (2) If he was previously on bail before the new charge, the State could have filed a motion to revoke bail and the Court can be holding him with no bail pending a motion to revoke or... View More

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Maine on
Q: Falsely accused of assault, lost in Supreme Court of Maine without a lawyer; seeking next steps.

I was falsely accused of assault by a woman who I have had disputes with for 12 years due to her negative views about gay people. I lost my case in the Supreme Court of Maine because I did not have legal representation. I did not start the argument that led to these accusations. I'm looking... View More

Hunter J Tzovarras
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answered on Apr 14, 2025

If your case was already appealed to the Maine Supreme Court then the only other avenue for an appeal is to the United States Supreme Court. In order to have the U.S. Supreme Court hear an appeal an application must be filed with the Court within 90 days of the date the Maine Supreme Court denied... View More

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1 Answer | Asked in Criminal Law for Maine on
Q: Can I keep a no trespassing order after dropping criminal mischief charge?

I wish to drop a criminal mischief charge against a woman who kicked and threw rocks at my door to avoid going to court, as she has requested a jury trial. However, I want to ensure that the written no trespassing order, issued by a police officer, remains in effect. Is it possible to keep the no... View More

Hunter J Tzovarras
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answered on Mar 5, 2025

A no trespass order is separate from a criminal charge in court. It would remain in effect even if the criminal charge is dismissed. Typically, a no trespass order is effective for one year. You should contact the DA's office about your concerns with the trial and proceeding on the criminal case.

1 Answer | Asked in Personal Injury for Maine on
Q: Can I sue in small claims the property management owners of negligence (unmaintained wet/icy walkway)?

Considered zone of employment after work so worker’s compensation is covering medical only and not 2 days lost wages, property damage and pain and suffering

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2025

A Maine attorney could advise best, but your question remains open for a month. Not normally on a W.C. matter - small claims are not set up for that - they usually have their guidelines for cases that are straightforward and limited damages. W.C. has its own adjudication systems/panels. Most small... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Maine on
Q: Is completing DEEP, IOP, and sessions enough for OUI license reinstatement in Maine?

I was charged with an OUI and have completed all the necessary programs, including DEEP in August 2023, IOP in May 2024, and 14 one-hour sessions from June to September 2024. I also completed the required 150-day suspension period and paid the fine last year. With these conditions met, is this... View More

Hunter J Tzovarras
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answered on Mar 2, 2025

In order to be reinstated, you need serve the suspension period, complete DEEP and any recommended counseling, and pay a $50 reinstatement fee to the BMV. It sounds like you have completed everything and need to pay the reinstatement fee. You can pay the reinstatement fee online at:... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Maine on
Q: What filings are needed to sell my LLC interest in Maine and remove my name from ownership?

I am selling my part of a multi-member LLC to another person in Maine. We have drafted a buy-sell agreement for the transaction, but it has not been reviewed by an attorney. All members of the LLC have agreed to the sale. Since this is my first time handling such a transaction, I would like to know... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 23, 2025

The paperwork for change in the membership in the LLC is kept with the LLC, and not filed with the state. The LLC will need to file an Annual Report with the Maine Secretary of State by June, and that should reflect the change in the membership.

As part of the buyout, you will sign a...
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1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Is it normal for a defendant to not be present/involved at their disposition conference

I went to my Disposition conf. (for D.V. Charge) and was not personally involved in any negotiations.

Not only did my lawyer not contact me prior to my date.. I had to text him to find out where he was once I was there. Once we had met up in a conf room.. I was told to "hang on"... View More

Hunter J Tzovarras
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answered on Feb 11, 2025

Dispositional conference are held in chambers between the State's attorney and defense counsel. The defendant is not present for the conference in chambers. The defendant is required to appear in court and be available to discuss any offer with counsel. If any agreement is reached between the... View More

2 Answers | Asked in Tax Law and Child Custody for Maine on
Q: Can I claim my son on my taxes his mother couldnt, even if in our court order it says she gets to claim him?

During the custody agreement with my sons mother and I, we agreed to let her claim him on his taxes each year. This year she did not earn enough to get the child tax credit. Am I able to claim him without legal repercussion from the state or his mother?

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 2, 2025

Hello,

According to the custody agreement, your son's mother has the right to claim the child on her tax return. This agreement doesn't change even if she doesn't qualify for the child tax credit. So, you can't claim the child on your return without her agreement....
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1 Answer | Asked in Criminal Law for Maine on
Q: On probation I was stopped for no reason driving someone else’s vehicle with a clean record, did he have right to stop?
Hunter J Tzovarras
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answered on Jan 6, 2025

The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.

Fourth Amendment rights can be lessened if a...
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1 Answer | Asked in Medical Malpractice for Maine on
Q: i had surgery to fix a fractured wrist and now have to have it again

the bone was not set correctly with the plate and screws and the plate sticks up which constantly aggravates the tendons

now having surgery and paying another years deductibles and bills for another specialist to operate to remove the plate & screws and if that does not take the problem... View More

Mark Randall
Mark Randall
answered on Jan 3, 2025

Whether the first surgeon did something wrong - did not follow standards of care in setting the wrist with hardware - must be stated by another surgeon. In Maine if the surgeon did not follow proper standards of care in setting the wrist with hardware then a potential claim may be brought for the... View More

2 Answers | Asked in Medical Malpractice for Maine on
Q: my wife was injured during a dental appointment, just wondering if there is anything we can do?

after her tooth removal she developed lumps on her forehead and temple area, bruising on her cheek, abdomen, and knees that she had none of before

Mark Randall
Mark Randall
answered on Nov 27, 2024

I am sorry to learn of your wife’s symptoms after her tooth extraction. What you mention in your question is concerning. Maine medical malpractice law requires that another similarly qualified dentist be able to objectively review the dental records and conclude based on that review that the... View More

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
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answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
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1 Answer | Asked in Real Estate Law for Maine on
Q: I own a house 100% which sits on a property that is co-owned and I want to sell.

Can the other land owner refuse the sale of the house? Or prevent the sale of the house? The other owner has tried to get me to agree to putting the house in a trust, and my knowledge of trusts is that you no longer own the property 100%.

Anthony M. Avery
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answered on Jul 15, 2024

Unless it is a mobile home, that house is part of the real property. If a MH, then you may wish to remove it. If you built a house on someone else's property, then hire a NJ attorney to file an action for a Sale For Partition. There you can claim, and possibly recover, some reimbursement.

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