Faq

We offer confidential consultations in person or virtually. During your consultation, a member of our legal team will listen carefully to the details of your legal matter, ask questions to learn more, and offer an initial assessment of how, or if, we believe our firm can assist you. It’s also helpful to bring related documents, agreements, charging paperwork, etc., with you to share with our staff.

For criminal matters, Maine allows defendants in many misdemeanor cases to waive their right to appear in court if an attorney appears on their behalf. This can be particularly useful for defendants who live out of state, like those charged with OUI while traveling or attending college. If you’re charged with a felony, you will likely need to appear in court.

Once a defendant pleads or is found guilty, their punishment is decided by a judge, and may include fines, incarceration (jail time), probation, restation, or community service. The judge considers many circumstances in deciding the sentence, including the defendant’s criminal history, relationship to the victim, age, the seriousness of the crime, and more. Certain criminal offenses in Maine carry a “mandatory minimum” sentence, and the judge is not allowed to impose anything less. A skilled defense attorney will use these mitigating factors to your advantage and work to obtain the most reasonable outcome possible.

If you’re forming a sole proprietorship and don’t plan to have any employees, you likely won’t need to hire a lawyer to form your business. However, if you plan to create a partnership, limited liability company (LLC), or corporation, then the agreements and contracts you create should be reviewed by an attorney to ensure that your interests and rights are protected. For example, having a legally binding partnership agreement in place can help prevent conflicts and misunderstandings that can lead to business litigation down the road.

In civil lawsuits, like personal injury claims and business disputes, you will generally need to attend court in order to explain your side of the issue. The party who does not show up risks having a default judgment entered against them or having their claim dismissed if they are the one who filed the suit.

Not all divorces play out like the ones we see in movies and shows – in many cases, both spouses realize that the relationship is broken and agree to part ways while they are still able to rationally discuss issues like property division and parenting time. But even when you and your ex agree on how to separate your affairs, it is a good idea to have a lawyer review your divorce agreement before finalizing it with the court. An experienced family law attorney can help ensure the language in the agreement matches your intentions and that no issues or assets have been overlooked.

Divorcing spouses in Maine are required to disclose all marital assets to the other party and their attorney. If your spouse is knowingly hiding or misappropriating assets that should be considered in the divorce, your attorney will help you determine how to address this. Sometimes the value of the asset is not worth the time and expense needed to include it in the divorce, and our lawyers will be honest with you if this is the case. However, if significant assets are at stake, Attorney Steve Smith and his team are a wise choice. Steve is a member of the American Academy of Certified Financial Litigators, a group of attorneys with extensive experience, training, and certification in the financial aspects of divorce.

In Maine, an attorney is not required to be present at real estate closings or involved in the home buying or selling process. That said, there are many circumstances in which a qualified property attorney can be critical to finalizing a real estate transaction and could save you hundreds or even thousands of dollars. If you’re buying, selling, or developing commercial property, or buying a residential property with a disputed title, for example, consulting a property lawyer is in your best interest.

If there is any doubt over the rightful legal owner of a property, ownership can be determined through a legal process known as a quiet title action. These actions are often referred to as “friendly” lawsuits since they are intended to prevent conflicts before they occur. These can be filed by a potential buyer, a mortgage company, or the current titleholder. By staying laser-focused on our clients’ needs and maintaining strict attention to detail, our team delivers outstanding results for clients in these and similar real estate matters.

Probate is the legal process used to transfer ownership of assets after a person’s death, and these assets are collectively known as the person’s “estate.” While most estates will be subject to probate, this process can be avoided with proper planning. If an estate is valued at less than $40,000, it can be settled without going through probate, although the help of an attorney is still strongly advised. There are also some types of property that can be transferred without going through probate or transferred through a trust. Having clear, detailed estate planning documents in place can often save time, money, and hassle for your surviving family members.

If a person dies without a valid last will and testament or trust in place, their assets will be divided by the State according to Maine’s “intestacy” laws. The person appointed to oversee the probate process, known as a Personal Representative, will be selected by the court. In contrast, having a will allows the decedent to select who will be their Personal Representative, just one of many advantages of estate planning.

In Maine, the statute of limitations for most personal injury claims is six years from the time the injury occurred. After this time has passed, you will most likely lose the right to pursue compensation for your injuries. There are also some important exceptions in which the time limit is shorter, like medical malpractice claims and claims against government entities or employees. This is one of many reasons why it’s best to consult a personal injury attorney as quickly as possible after a preventable injury.

The amount of compensation that’s appropriate for your injuries will depend on many factors, like how severe and persistent the injuries are, how the injuries occurred, what steps, if any, were taken to guard against such injuries, and much more. By helping assess the causes and outcomes of your situation and accounting for future costs related to your injury, like ongoing medical care, an experienced lawyer can help you determine what amount of damages is appropriate for your situation.

Personal injury claims can take anywhere from a few months to several years, depending on many factors, namely how stubborn or adversarial the insurance company or negligent party decides to be in handling your case. At STEVE SMITH Trial Lawyers, our attorneys have extensive experience in both tough negotiations and courtroom trials, making us fierce advocates for our clients. We work to get the compensation you deserve as quickly as possible without sacrificing your rights or goals.