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Anthony K Ferguson
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Anthony Ferguson’s Answers

214 total


  • Initial court date

    When one is charged with a felony and a first court date is established at which the one charged is NOT required to appear---what does such a court date mean and what is determined at this time? Is an attorney required to be present even if the o...

    Anthony’s Answer

    If you are charged with a felony, you must appear at the initial appearance. If you do not, the court will issue a warrant for your arrest and any bail posted will be forfeited to the State.

    If you are charged with a misdemeanor, you also must appear at your initial court appearance UNLESS you have hired an attorney and the attorney has filed an entry of appearance with the court.

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  • Getting a Writ of Execution on exempt property removed

    The writ is on a home that is exempt under Maine Statute. I mailed a letter of exemption to the attorney listed on the writ asking them to notify the registrar and have it removed. He mailed it back to me stating they no longer represent that cred...

    Anthony’s Answer

    You already are aware of the statute requiring the discharge of the execution, 14 M.R.S.A. § 4651-A(8). You need to contact a debtor's rights attorney to follow through.

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  • A deposit showed up in my account from the IRS unexpectedly, can I use the money?

    Why should I be held responsible if the IRS (or the person filing made a mistake); it is there so can I use it?

    Anthony’s Answer

    If the money is not yours, it is a crime to take and spend it. It doesn't matter if you took it from someone's purse, found it in a paper bag on the side of the road, or it was erroneously deposited in your bank account. Notify the bank of the error before you find yourself in trouble.

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  • I have 2 oas charges with an oui and am facing a third oas now what are the penaltys in Maine?

    I have 2 prior oas charges with an oui with one of them

    Anthony’s Answer

    You are not in a good spot. Operating after suspension convictions carry mandatory minimum sentences; however, it is dependent upon both past convictions and whether you at the time you were driving whether you were under a current suspension for operating under the influence. It is impossible to tell you the mandatory minimum sentence with the information that you provided. I cannot tell if you have multiple pending OAS charges, a pending OUI, or you are referring to prior convictions. You can figure it out yourself by going here: http://www.mainelegislature.org/legis/Statutes/29-A/title29-Asec2412-A.html

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  • I have a judgment against me.

    i asked a question a while ago and forgot to add a crucial detail. looking through my paperwork, I noticed that the judgment was not signed by the plaintiff. And the original loan papers, the signature is not readable and their is no name undernea...

    Anthony’s Answer

    The likelihood of having the court vacate the judgment is infinitesimal. There are only 2 ways to eliminate the debt: (1) get the judgment discharged in bankruptcy; (2) get the creditor to file with the court a satisfaction of the judgment. Where the debt has been assigned at least once, the later may be difficult.

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  • Getting my license back after dui

    Lost my license years ago(first offense) and completed all sentencing requirements. At the time I had a NH licenses, now live in ME. I know I need my LDAC to right a letter as well as myself, but don't know who to send it to or really what my next...

    Anthony’s Answer

    Just call the Bureau of Motor Vehicles:

    OUI Section: 624-9000, Extension 52104

    Give them your name and date of birth. They can tell you exactly what is needed both to reinstate your right to drive in the State of Maine and to obtain a Maine license.

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  • Theft or not theft? Limitation of actions question?

    Many decades ago I lived near an open pit mine near Albany, Maine that was mined for the mineral feldspar. The mine also produced Beryl crystals. Eventually they stopped mining and the mine closed. But a few large crystals remained in the wall....

    Anthony’s Answer

    If the value of the crystal is less than $1,000, the statute of limitations for theft is 3 years.

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  • Does my case is closed? Maine, Portland 2009

    I have been arrested in Portland in september 2009. How can I get documents from the court?

    Anthony’s Answer

    I am not sure what "paid a pledge" means. If you were bailed, but never appeared in court, the court likely issued a warrant for your arrest.

    If all you want are copies of documents, simply go to the court, ask for copies, and pay the copying charges. You can also write for the records, but the court will not send them to you until the copying charges are paid.

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  • Mechanics lien on property non pmt, real estate broker sold house knowing there is a lien. need to know my next step

    filed lien with court prior to sale served broker by sheriff

    Anthony’s Answer

    If you are the current owner, notify your title insurer.

    If you are the lien holder and you perfected the lien, contact the current owner and the current owner's title insurer.

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  • Hi I would like to know about the minor charge of theft of services

    Hi, my question involves a charge for theft of services when i was just 18 and now im 24. I want to know if a minor charge like that is responsible for some employers not getting back to me. it would be ridicules for something so minor to ruin my ...

    Anthony’s Answer

    Any conviction for a crime of dishonesty will haunt you forever. Only a governor's pardon can expunge the conviction. The process is set out here: http://www.maine.gov/corrections/adult/pardon/ You should seek out an attorney in the Augusta area who handles these matters.

    I wish you the best.

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