According to a recent report from Morgan Stanley, only 39% of individuals earning between $40,000 and $ 80,000 per year have a will. This means that 61% of those in that group do NOT have a will. If you do not have a will, the state government decides who will get your assets–such as your… Read more »
Refusal to Take a Breathalyzer or Blood Test in Maine: Laws & Penalties
Believing that a test of .08 or above is required for a drunk driving conviction, many people who are arrested for OUI refuse to take a breath test. Doing so may deprive the State of a test result, but it will not prevent the State from charging you with OUI. Worse yet, a refusal can… Read more »
Appealing A Divorce or Family Law Judgment in Maine
If you disagree with a decision from a Maine court in a divorce or other family law case, you may be able to file an appeal to the Maine Supreme Judicial Court, sitting as the Law Court. The attorneys at Libby O’Brien Kingsley & Champion are experienced in family law and have had success in… Read more »
Maine Law on deer baiting and hunting over deer bait
What are Maine’s laws on deer baiting and hunting over deer bait? Feeding or Baiting Deer (12 M.R.S. § 10659): This law provides that, “[a] person may not place salt or any other bait or food in a place to entice deer to that place from June 1st to the start of an open hunting… Read more »
First Circuit doubles down on “Pretext-Plus” Test
The First Circuit recently reaffirmed its decision in Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1 (1st Cir. 2000). In Feliciano de la Cruz, the First Circuit affirmed a grant of summary judgment on a national original discrimination claim, even though the plaintiff case could point to evidence that… Read more »
Can a dock be installed at the end of a right of way?
I have previously written about the law of docks in Maine (Docks and the Law, February 2019). One issue that arises frequently is whether a dock can be installed at the end of a right of way. A right of way, also called an easement, is a legal right to cross over the land of another. An… Read more »
Getting your OUI reduced to a lesser charge in Maine
Is it possible to plead an OUI down to a lesser charge in Maine? The short answer is yes. Whether it is likely in a given case depends on the facts and circumstances of your case. Factors Affecting Ability to Plead Down an OUI Charge There are a number of factors that prosecutors look to… Read more »
Domestic violence crimes in Maine
Domestic Violence Crimes in Maine Domestic violence crimes are among the most serious and frequently charged crimes in Maine. Even if charged as a misdemeanor, a domestic violence conviction will remain on your permanent criminal record and carries a stigma impacting you both professionally and personally. Types of Domestic Violence Crimes In Maine, the term… Read more »
Frequently asked questions about criminal charges in Maine
If you or a loved one has been arrested or summonsed for a crime in Maine, you probably have many questions. The attorneys at Libby O’Brien Kingsley & Champion are experienced in criminal defense, and have defended clients against criminal charges such as domestic violence, assault, aggravated stalking, theft, drug possession, drug trafficking, operating under… Read more »
The key role of health and safety plans for college athletic programs
With conferences and the NCAA publishing guidance on health and safety considerations on COVID-19 and the gradual resumption of athletic activities, it is important to underscore that each institution has the ultimate responsibility to craft an appropriate health and safety plan based on its individual circumstances. The scope and content of this undertaking is immense… Read more »