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Questions Answered by Hunter J Tzovarras
1 Answer | Asked in Criminal Law and Constitutional Law for Maine on
Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’...one officer was the... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Oct 1, 2022

Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: When leaving a Casino I saw some money was left on an ATM ( 250.00) I took it assuming lost money.

Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed

Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 29, 2022

You should not talk with law enforcement or anyone related to this investigation. If law enforcement asks to speak with you about it, you should politely let them know you do not wish to talk with them. This will not be held against you; anything you say to them can be used as evidence. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: Can I get my firearm back after being charged with possession by a prohibited person for assumption of drugs?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 5, 2022

You can have the firearm returned once the case is over, if the case ends with the charge dismissed or you are found not guilty, and not otherwise prohibited from possessing a firearm.

1 Answer | Asked in Criminal Law for Maine on
Q: Hi I have been charged with theft class e crime. I just refused to pay for the sandwich which I didn’t like as it wasbad

Will the judge drop the charges?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 30, 2022

The Judge cannot drop the charge because it is up to the District Attorney what charge to bring and whether to drop it or not.

You could have a trial on the charge with the Judge and if the Judge finds the District Attorney has not proven beyond a reasonable doubt you committed the charge...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Maine on
Q: If i expose myself in new Hampshire, can I be arrested in Maine?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 27, 2022

If New Hampshire obtained an arrest warrant, you can be arrested in Maine on the warrant. The warrant would have to be extraditable in order to have you brought back to New Hampshire for the charge.

1 Answer | Asked in Criminal Law for Maine on
Q: I have 14 year old fta bench warrant for class c drug theft (which I did not commit). How can i clear it up without jail

I was charged 2008 with stealing drugs(I did purchase them, but did not steal them) while homeless. I missed two court hearings due to not receiving notice of changed/new dates(homelessness is like that). So twice I was arrested and had to post over $1500. combined bond that ended up forfeit... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 16, 2022

If there is a bail set on the warrant now, you can turn yourself in and post the current bail amount and be released. You may also be able to negotiate withdrawing the warrant and posting a bail with the DA's office. I'd recommend contacting your previous lawyer on this matter, or hiring... Read more »

2 Answers | Asked in Criminal Law for Maine on
Q: a fire Marshall stop by and said he would be back to charge me accessory to arson or conspiracy of arson what do I do
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 8, 2022

You should not talk to the fire marshal or make ant statements as anything you say can be used against you and to assist in their case. It will not be held against you a evidence if you decline to speak with them. You should contact a lawyer for representation.

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1 Answer | Asked in Criminal Law for Maine on
Q: Back in March of this year I was served a summons for an alleged assault on a member at Planet Fitness in Waterville, ME

Today I learned of a "docket # KENCDCCR202220419. How do I determine who filed the complaint and how do I get to see any & all witness statements? This is a frivolous case and a waste of the court's time. Do I need an attorney?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 7, 2022

You can contact the court for a copy of the complaint. The complaint would have been filed by the district attorney's office on behalf of the State. After your initial appearance in court, the State is required to turn over all evidence on the charge, including any statements, etc. You should... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: Do plaintiffs get a say over whether a plea deal sentence is harsh enough?

Specifically its a misdemeanor theft charge and there is video surveilance evidence (and he has priors as well) so the only real incentive for prosecution is to avoid the hassle of a trial...I think he needs to go to prison and also return the items so I need to know whether I'll have any say... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 5, 2022

The victim of a crime can be heard at sentencing. Maine law requires the State to inform victims of sentencing and their right to be heard. A victim cannot appeal any sentence imposed.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Maine on
Q: What's the difference between a felony and a felony waiver

I have a felony but I never did prison time on the application is it still recognized as a felon

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 2, 2022

If you have been convicted of a felony, it is on your record, even if you did not serve any jail time.

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jun 30, 2022

Federal law prohibits anyone who is: "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)" from possessing a firearm. This would include marijuana use because it is defined as a controlled substance... Read more »

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1 Answer | Asked in Criminal Law for Maine on
Q: Can I get in trouble for using marijuana if I have a medical card. I'm on a deferred disposition

My conditions are no use or possession of marijuana, alcohol, or illegal drugs. But if I have a medical card wouldn't that potentially make me able to smoke marijuana almost like a perscription

Hunter J Tzovarras
Hunter J Tzovarras
answered on Apr 14, 2022

If the deferred disposition says no marijuana, you would be in violation of the agreement if you had marijuana. You can ask the court to amend the conditions to remove this because you have a medical card.

2 Answers | Asked in Criminal Law for Maine on
Q: Is there anyway to resolve an out of state bench warrant without going to that state?

I live in Maine and have a nine year old bench warrant in Florida for a misdemeanor and failure to appear, the last thing I want to do is go to Florida. Are there any options I can try from Maine?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jan 20, 2022

You can try resolving it from Maine but will need a Florida lawyer because it's a Florida case. I lawyer in Florida may be able to get the warrant vacated and resolve it without you having to return to Florida.

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1 Answer | Asked in Criminal Law for Maine on
Q: Will prosecution still send evidence if they plan to drop the case?

My husband and I were both charged with endangerment, but everyone agrees there is no case. Even the DA said it was weak and we were "never intentionally negligent" and the law is literally on our side - we didn't break any laws. We left our sons in the car with two cell phones and... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Dec 5, 2021

The prosecutor is required to turn over all evidence and information they have on your case, including any exculpatory evidence, up until the point the case is dismissed or finished. If they have not turned over something, you should bring it to the Judge's attention at the next court date,... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Criminal Law for Maine on
Q: left the scene of a pd accident no damage to property and not much to my vehicle either i was charged with class c

what can i expect to get when i go to court for this there also was no alcohol or drugs involved

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 3, 2021

The first court date is an initial appearance. The Judge will make sure you're aware of the charge and maximum penalties, which for a Class C felony charge is up to 5 years in prison and $5000 fine, the Judge will find out whether you're going to hire a lawyer, or ask to have a lawyer... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: In the state of Maine 3 class e thefts is a felony or is it 3 of them in a 10 year period that is a felony?

Like if I got a class e theft in 2004 then one in 2019 then one in 2021 could the new one be a felony? I have got conflicting reports on this. For 3 class e thefts to be a felony in Maine do they have to happen in a 10 year period?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jun 28, 2021

It is 2 prior convictions for theft within 10 years of the present theft. The conviction date is the date you're found guilty and sentenced not the date the theft occurred. If there are 2 prior convictions before the alleged third theft then it can be charged as a Class C felony. The dates you... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: Is it legal to Not have representation? Also is it legal to not have been read the Miranda rights?

My friend was arrested without having investigation done and potentially assaulted by the officer who arrested him while being brought into the jail. The person in question filed a complaint and nothing has been done. He does have a bit of a mouth But they never served him his Miranda rights nobody... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jun 19, 2021

In a criminal case, a person charged who is facing potential jail time has the right to a lawyer if he or she is unable to afford a lawyer.

It's illegal not to provide someone arrested with Miranda rights before questioning the person arrested. If Miranda is not provided before...
Read more »

2 Answers | Asked in Criminal Law for Maine on
Q: At my second arraignment, can I ask for a court appointed lawyer if I was not offered one at the first arraignment?

I wasn't offered a lawyer because I don't face any jail time, but I would like to speak with one to discuss details about my case that may get it dropped.

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jan 28, 2021

The right to have a court-appointed lawyer only applies if you are facing jail time. You could hire a lawyer but the court won't appoint a lawyer in a case you don't face the risk of jail. There may be certain exceptions, such as if there are immigration consequences if you were... Read more »

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1 Answer | Asked in Criminal Law for Maine on
Q: Can i be arrested if i ignore banishment from reservation
Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 8, 2020

I am not aware of any State of Maine criminal statute that would apply; however there may be a tribal law that applies. I'd need to know more information before the situation and what tribal jurisdiction to give you a complete answer. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: I'm looking for the best criminal defense lawyer to handle my case in presque isle maine

my charges were unlawful trafficking scheduled w drug, oas, failure to stop, disordly conduct, and possession of Syringes

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 23, 2020

Please feel free to call my office and we can schedule a consult to discuss. My office is in Bangor but I will handle cases involving felony charges in Presque Isle. if you're looking for referrals for lawyers closer to the Presque Isle area let me know and we can send you some names. Thank you

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