Dropped domestic charge to a disorderly conduct charge
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answered on Nov 11, 2023
All domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record.... View More 
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answered on Jul 30, 2023
After a plea is entered, a sentencing hearing will occur. This could be on the same day as the plea or on a different date. Once sentence is imposed, the defendant is expected to start the sentence that day. It is possible for the sentence to be stayed for an appeal or to report at a later date.
Should a person who has been involved in a car accident due to reckless driving - an accident which has led to the death of the passenger with him - while on his way to the scene of another premeditated crime in which he was an accomplice have what penalty imposed on him?
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answered on Jul 26, 2023
If the question is what penalty can be imposed for a manslaughter charge involving reckless driving, the answer is the maximum penalty is 30 years. The court looks to a number of factors to determine the appropriate sentence, including the way the crime was committed, and the individual who... View More
the police just walked into my mother in laws garage opn a supposed probation check, no tresspass signs are posted everywhere, came into garage then announced, threw me out and my mom in law told them no consent as this isn't my house, probation officer not present, located said fentanyl; no... View More
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answered on Jun 22, 2023
If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated... View More
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answered on Dec 1, 2022
I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You... View More
My wife was picked up on tuesday. Today is now Saturday. Her warrant was out of York county maine, but she was picked up in Stratford county New Hampshire. They have held her inside a dry tank I'm assuming because they thought she must have been trying to smuggle something in. She has not been... View More
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answered on Oct 29, 2022
Since she was arrested and being held in a NH jail, NH's rules of procedure and extradition will apply. You will want to consult with a NH lawyer for these questions. I'm only licensed to practice in Maine. In Maine, a person arrested is required to appear before the Court within 48 hours... View More
He has had no contact with the law since being released. He want to move to have more work opportunities and a better life. He will seek out AA meeting to keep his sobriety. There is more work in his field and support here.
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answered on Oct 30, 2023
If he is on probation in a State other than Maine, he'll need to apply for a probation transfer to Maine. This has to be done in his home State through the probation office there.
For the record I do not have one but I am curious as to whether or not I can legally own one for home protection due to my inability to legally own a firearm.
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answered on Sep 3, 2023
It is illegal to possess a ballistic knife in Maine.
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answered on Jul 25, 2023
A Rule 11 hearing refers to a guilty plea hearing for a felony charge.
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answered on Jul 25, 2023
The case will be scheduled for a docket call, which is the time to tell the Court no plea agreement has been reached and the case will then be scheduled for a trial.
Took money that I saw left at am ATM thinkin it was lost.
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answered on Jun 23, 2023
The maximum penalty for a Class E misdemeanor is 180 days in jail and $1000 fine. It is rare for someone to be sentenced to the maximum sentence. Depending on the circumstances of the offense, and the individual, it is possible to receive no jail time for a Class E misdemeanor.
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answered on Mar 22, 2023
If you're convicted of a crime, it is up to the Judge to determine the sentence. You can ask for a certain sentence and give the Judge the reasons why it should be imposed, but ultimately it is up to the Judge to decide the sentence.
Originally arrested for aggravated assault domestic violence sexual misconduct only pled to aggravated assaults while on probation after serving sentence of 5 years all suspended but 5 months He broke. PFA and caught new charges for driving without a license habitual offense
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answered on Feb 22, 2023
A person can earn up to 7 days of good time per month if the charge; however, certain charges, such as domestic charges, are only eligible for 5 days per month of good time.
Boyfriend didn't want arrest to happen or arrest. There was no physical touch no witnesses no text or video tapi g. Nothing recorded and no neighbor statements
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answered on Feb 20, 2023
If you're referring to a no contact order in the bail bond, it is possible to have it removed by the Court before arraignment. The defendant will need to file a motion to have the condition removed and the court will schedule a hearing on it for the court to decide whether to remove it or not.... View More
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answered on Jan 12, 2023
If you have an active PFA that does not allow possession of a firearm, or has certain elements of threats or violence, then you cannot possess a firearm under federal law in any state.
May 9, 2022, ex-wife came to pick up daughter, outraged over being an hour late due to road closures, and while I was holding the handle of the rear passenger door saying goodbye to my daughter, my ex-wife sped off with the door open and me still hanging on. My daughter was scared, as was I. I went... View More
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answered on Dec 27, 2022
You need to contact the police to file a report. Once the police complete the investigation, the reports will be sent to the District Attorney to make a charging decision.
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... View More
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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... View More
Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed
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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
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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.
Will the judge drop the charges?
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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... View More
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