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Anthony K Ferguson
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Anthony Ferguson’s Answers

219 total


  • My son(who's a minor) crashed his friends dirtbike into another persons parked vehicle on someone elses property. can i be sued?

    My son who is 16 crashed his friends dirt bike into a parked truck on his other friends property. The owner of the truck was a friend of my sons friends dad. My son got a letter in the mail from a collection company saying that they felt they were...

    Anthony’s Answer

    You should put your homeowner's insurer on notice of the claim. I think it likely that there is coverage. I have had cases where a homeowner's policy covered ATV accidents.

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  • I was in a severe car accident and my airbags didn't deploy do I have any legal recourse?

    My wife and I were involved in a severe car accident with our 1998 honda crv. We were rearended and the car was totaled. Do I have any legal recourse against the dealership that sold me the car, or the manufacturer of the vehicle?

    Anthony’s Answer

    Airbags are not designed to deploy in an accident from the rear.

    Your claim is against the driver who caused the accident. If your injuries are serious enough and the other driver has insufficient insurance, you may also have an underinsured motorist claim against your own automobile insurer.

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  • What can I expect when I go to court for shoplifting accusations?

    I went shopping to Walmart and went to cash out. I forgot I had a DVD I did not pay for. I of course was stopped and literally dragged called a scumbag and sleeze and was yelled at and told I even looked like a thief. They would not listen to me a...

    Anthony’s Answer

    Please do yourself a favor and hire an attorney. You are charged with theft. Theft is a crime of dishonesty. A conviction for a crime of dishonesty can come back to haunt you for a very long time. Many shoplifting charges are disposed of without a conviction. That result, however, is unlikely without the aid of a lawyer.

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  • I'm 15 and I recently got caught lifting $16 bracelet from Kohls. I have a 4.0 GPA and this is my first time getting in trouble.

    I've never gotten in trouble for anything. I'm an all around good person. I don't have a record, I do sports and community clubs and such. Will this affect how I get into colleges?

    Anthony’s Answer

    If a juvenile petition is not approved, and it may not be if this is the first time that you have been in trouble, the incident should not affect you in any fashion. If a juvenile petition is approved, there is a fair chance that things will work out where you do not admit to the violation and there is no adjudication against you. Even if you end up with an adjudication against you, it is not a criminal conviction. The records are sealed because of your age and the fact that the matter would be a misdemeanor if you were an adult. I am unfamiliar with the questions asked on a college application, but I think it likely that this matter need not be disclosed.

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  • 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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