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Amber Lynn Tucker

Amber Tucker’s Answers

15 total


  • Interstate Compact Question about Second DUI

    Six years ago I got my first DUI in New Hampshire, but was from Connecticut. My CT license was never suspended, only my ability to drive in NH. I moved to Maine shortly thereafter, and got a ME license. I just got a second DUI in ME. Will the ...

    Amber’s Answer

    Below is a link to the Maine statute re: Driver License Compact. Regardless of whether or not the suspension would show up on your driving history, the State would be able to run a criminal history on you. Typically this is done by the arresting officer that prepares your police report. They would include it with the report that they provide to the DA's office; or, sometimes, the DA's office will run it on their own. Maine's criminal history report is called an SBI report (State Bureau of Identification). It only has Maine convictions so your NH DUI conviction would not show up on a Maine SBI report. However, the state will typically also run a nationwide criminal history check, which is called an NCIC-III (National Crime Information Center Interstate Identification Index). This would uncover any criminal cases that you have had nationwide and would also include whether or not you were convicted. So, even if NH didn't report it to CT, they likely reported the criminal conviction to the NCIC.

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  • I am disabled and my landlord and sec.8 are holding me to my original lease after being lied to about "bugs"

    8 months ago I rented an apt. in lewiston maine from 'L.A properties'. I also have sec.8. I phoned code enforcement to see if any "bugs" were reported at this property of the apt. I wanted to rent. They said "no". I asked the landlord again upon s...

    Amber’s Answer

    Take a look at the links below that I have included re: tenant's rights and bedbugs and the warranty of habitability. This will provide you with some information about potential things that you may be able to do, and the obligations of your landlord.

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  • I am curently renting a mobile home with two kids one being 5 and a 5 month old. My place is not realy livable.

    I was wondering what i could do my landloard wont fix any thing and we dont have any money to move. When we rented this place it was livable. Now the celings r falling and the floors have holes in them and it dosent hold heat. WHat can we do?

    Amber’s Answer

    So long as you are current on your rent, it sounds like you might be able to file a civil suit against the landlord for breach of the warranty of habitability. Also, if you have provided him notice (written or actual), you may be able to pay for the repairs and deduct the cost of the repair from your rent, if the landlord is unwilling to fix certain things. Please see attached link from Pine Tree Legal Assistance for more information and specifics on possible avenues of relief and the Maine Atttorney General's Consumer Law Guide re: rights of tenants. Pine Tree Legal may be a very good resource for you to seek out if you are unable to hire an attorney and would like to pursue an option other than small claims court.

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  • Is there a period of time after conviction that i am not required to disclose a felony in maine on a job application

    i was convicted of 3 felonies in 2003 a&b d/w knife, a&b and armed assault with intent to kill i do understand they are all serious offenses and all stem from same incident which was self defense but deemed excessive force i spent 3 years in sta...

    Amber’s Answer

    I suppose it depends what the actual language says on the job application. For example, if it asked whether or not you had any felony convictions within the last 5 years, the the answer would be no. If it asks whether or not you have ever had any felony convictions, then the answer would be yes. You shouldn't lie about it on the application because when an employer does find out--and they will--they would likely terminate you, which it sounds like you have already experienced. Some employers might appreciate you simply being up front about your past and explaining the circumstances. Building up a solid work history, even if with temporary work, is a good start. There are certain agencies out there who specialize in assisting people with felony convictions in the job search process. Take a look at the link I have included below for an example.

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  • I am living in an apartment and Im dealing with persistent health issue concerning my skin problems can i break my lease?

    When it comes to my skin issues they are constant and some places I just simply can not live in because of something that is triggering my allergies within the apartment. I was hoping this would not be the case, however, now that I have been livin...

    Amber’s Answer

    You can always break a lease. The question becomes what, if any, damages (money) can the landlord try to collect from you if you do break the lease. The only way to answer that question is to read the specific terms of your lease. Depending on the landlord, he may be sensitive to the fact that you are having health issues (especially if you have a doctor's note) and may agree to mutually terminate the lease.

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  • I have section 8 and i just moved into a new apartment 1 month ago and the landlord served me with a 30 day eviction notice

    his reason was that i have someone else living with me and i dont only the people on the lease what should i do to get out of it?

    Amber’s Answer

    You would need to look at the specific language in the lease to determine whether or not you are in material breach of your lease. I have included some relevant links for you to review that I think would be helfpul to you. A landlord has to go through certain procedures to get a tenant evicted. It is only an order from the Court that can ultimately "evict" someone. If you're not out after the 30 days, the landlord would have to file a Complaint for Forcible Entry and Detainer. You would receive notice of a hearing date. It is important to attend this hearing date, otherwise, the Court will default you and grant the landlord an order allowing the Sheriff to remove you and your belongings from the premises if you do not otherwise leave voluntarily within the specified period of time. At the hearing, there may be attorneys from Pine Tree Legal Assistance who may be able to assist you. This is the case in Lewiston, but I'm not sure if the case all over. The Court can require that the parties attend mediation and ultimately can have a hearing if the parties are not in agreement to determine whether or not to grant the landlord's request to order the eviction.

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  • How can I find affordable lawyers that will represent me in domestic violence case in Maine?

    I need representation to amend my bail rights and to represent me in court so I don't get taken advantage of. The domestic assault was a misdemeanor, and I'm a student and so is he, and he doesn't want to press charges.

    Amber’s Answer

    Many attorneys offer free initial consultations. You can find attorneys in many places. For example, here on Avvo, the yellow pages in your area, doing a general web search online, or contacting the Lawyer Referral Information Service (I have included a link below for this). The initial consultation is like an interview--you are interviewing the attorney and the attorney is interviewing you to see if it would be the right fit. During initial consultations, attorneys talk to prospective clients to learn more about their case and will tell you if they believe that they would be able to help you. They will also quote you a fee as to how much money it would cost for you to retain their services. Prices fluctuate between attorneys and the fee will also depend on the complexity of your case. If you are unable to afford an attorney and there is a risk of jail--the ADA would make the court aware of this at the time of your arraignment--then you would be eligible to have an attorney appointed to your case to represent you, if you so desired. The cost of the court appointed attorney to you, if any, will depend on your income.

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  • Can my ex wife hide her medical records during a custody battle if a guardian ad litem has been appointed?

    I am trying to gain primary physical residence of my twin boys who are 13 because my ex wife is on drugs and neglecting their needs. I have paid for a guardian ad Litem to represent the best interest of the boys . My ex wife is delaying the proces...

    Amber’s Answer

    If there is actually an "order" in place from the Court, e.g. ordering her to undergo a hair follicle test or otherwise producing evidence, then the Court could hold her in contempt of court and order various sanctions. Presumably, the Court wants to see evidence of her sobriety, and if she is voluntarily choosing not to provide it to you, the Guardian ad litem, or the Court, this would likely work to your benefit in a final hearing over the primary residence issue.

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  • Is it possible forsoon to be ex-spouse to get a TPO(for myself and our 2 minor children)"removed"removed"the day after I filed?

    My soon to be ex wife and her boyfriend have physically, verbally and emotionally abused our children, I have witnessed this on numerous occasions. I filed a tpo in the state of ME, for myself and 2 minor children. My wife then calls me 27 hrs l...

    Amber’s Answer

    • Selected as best answer

    If you filed a Complaint for Protection from Abuse on your behalf and on behalf of your two children, you should have a copy of the temporary order, if one was issued. You would be able to read what conduct is prohibited. You should also have a next court date that is indicated on the paperwork as well. If there is any question in your mind, it would be wise to call the Clerk where you filed the Complaint. They will not be able to provide you with legal advice, but will be able to tell you if the temporary order was granted, is still in effect and whether or not she was served. If the Court granted your Complaint and a temporary order went into effect, whether or not she was in violation would depend on whether or not she had been served with the order so that she was put on notice of it's terms. If she was served and the order prohibits her from contacting you, then the local Maine police department would be able help you with any potential violations. If the Court granted your Complaint as to the children--but not for you, as is sometimes the case, then it would not be a violation for her to contact you unless she was otherwise ordered by the Court not to contact you. If for some reason the Court did not issue the temporary order, then you should still have the final hearing in which to make your argument and ask that the Court issue a final order.

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  • Can a 17 year old move out of their parents house?

    I just turned 17 today and I got into a fist fight with my mother the night before last. I have no scratches or anything from the fight. I went to my school's resource officer and he said that because I'm a minor, I can't move out or leave and if ...

    Amber’s Answer

    One option would be to file a complaint for emancipation. I have included a link below to provide you with additional information on this process. If you are not in a position to yet be "self-sufficient" and if abuse is occuring in your home, then the best option may be to contact the police department. I am uncertain from your facts as to whether or not the fight was initiated by your mom, or by you. If the police were called, they would likely take statements from you, mom and any other witnesses, review the facts and determine who the aggressor is--you, or mom--and could then charge that person with a crime depending on the circumstances of the case. Additionally, I expect that if you told your School Resource Officer that you were being abused, if that is the case, then s/he would be required to contact the Department of Health and Human Services as they are required to report if they know or have reason to believe that you have been abused. The Department would then likely conduct an investigation into any allegations of abuse.

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