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
answered on Feb 22, 2023
You can receive up to 7 days a month for good time credit. However, domestic charges, and some other charges, only allow for 5 days of good time per month. The application of good time credit is decided by the Department of Corrections, not Court. I hope this helps answer the questions.
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
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.... Read more »
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... Read more »
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.
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... Read 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... Read more »
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... Read more »
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 »
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 »
Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed
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
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?
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... Read more »
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.
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 »
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 »
answered on Jul 8, 2022
Sign the summons and go to court as instructed on the summons. Do not say anything to the fire marshal. Do not talk to anyone other than your defense attorney about the alleged arson or any role you might have or might not have played in it. You have the right to remain silent and should use it.
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?
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 »
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 »
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.
I have a felony but I never did prison time on the application is it still recognized as a felon
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.
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 »
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
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.
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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.