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Maine Criminal Law Questions & Answers
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... View More

Hunter J Tzovarras
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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,... View More

2 Answers | Asked in Contracts, Consumer Law and Criminal Law for Maine on
Q: If I buy something is it legal for previous owner to sell it to someone else after I have paid them?
Fred Bopp III
Fred Bopp III
answered on Nov 26, 2021

Your question does not contain sufficient facts to provide a complete answer. That said, it sounds like the seller may have breached his or her contract with you and you would be entitled, at least, to a refund of what you paid to the seller. In a conventional breach of contract situation, the most... View More

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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
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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... View 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
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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... View 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... View More

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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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
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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... View 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
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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
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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

1 Answer | Asked in Criminal Law for Maine on
Q: Can an arresting officer in a criminal case be related to the victim of the crime
Hunter J Tzovarras
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answered on Jun 23, 2020

There is no no law that prevents the arresting officer from being related to the alleged victim. However, the arresting officer's potential bias in the investigation and decision to arrest may be used as a way to challenge the State's case.

1 Answer | Asked in Criminal Law for Maine on
Q: Is aggravated forgery class b in Maine a felony?
Hunter J Tzovarras
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answered on May 4, 2020

Aggravated Forgery is a Class B crime in Maine. All Class B crimes are felonies with a maximum penalty, if convicted, of 10 years in prison and $20,000 fine.

2 Answers | Asked in Criminal Law and DUI / DWI for Maine on
Q: I'm looking for a lawyer to appear in court for me tomorrow at 830 in machias maine for an oui. Any suggestions?
William T. Bly
William T. Bly
answered on Feb 3, 2020

Asking someone to appear for you and looking for suggestions sounds like you're shooting in the dark. And this is a last minute "ask". My suggestion is that you make serious inquiries about retaining the best attorney that you can, and if that person can appear for you, that's... View More

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2 Answers | Asked in Criminal Law for Maine on
Q: How long does a felony 1st appearance in Maine take? Do you have to wait until everyone's done before leaving?

Hi,

I previously asked about how long a felony first appearance in Maine takes, and if there's a bathroom break. I received an answer that first appearances, unlike arraingment, don't take very long, and a bathroom break is therefore unnecessary.

First of all: thanks for... View More

William T. Bly
William T. Bly
answered on Jan 22, 2020

That is correct. You might be waiting for a long time for the judge to call your name. FYI, if you're seeking representation for a criminal charge, and it sounds like it's a felony, please consider calling my office to setup a consultation. Thanks and good luck.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: fictitious inspection sticker in ME, 1st offense

My husband was recently pulled over and was ticketed for no proof of insurance, we have it although the card wasnt in his car. Also got summons for display of fictitious inspection sticker.This is a 1st offense, what are the penalties, and will there be jail time?

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2020

On the insurance, if you contest the ticket and send in proof of insurance that ticket should be dismissed.

On the inspection sticker charge, it is a class E misdemeanor that carries a maximum penalty of 180 days in jail and $1000 fine. Those are the maximum penalties. Jail time is not...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: How long does 1st appearance in Maine take? Can you go to bathroom in the middle? At what point are you considered done?
William T. Bly
William T. Bly
answered on Jan 17, 2020

There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: In Maine, at what point in the pre-trial process is a person released, and how would someone's bail be denied?

So to clarify my question a little more:

I'm a writer, and looking to do some research for my book. In it, someone is arrested on a felony, and the prosecution argues that he's dangerous and his bail should be denied.

So firstly: at what stage would the prosecution argue... View More

Hunter J Tzovarras
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answered on Jan 11, 2020

The bail would be argued at the initial appearance.

If someone is granted bail they are released right away after the initial appearance.

Hope that helps. Thanks

1 Answer | Asked in Criminal Law and Federal Crimes for Maine on
Q: If a 17 year old boy commited simple arson but it was his first offence of arson how may years in jail will he get

He's 17 he's had probations and has gotten into trouble before but never with arson

Hunter J Tzovarras
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answered on Nov 9, 2019

If he is charged as a juvenile, the maximum penalty could be a commitment to the juvenile jail until the age of 21. It does not mean he would receive this but that would be the maximum. If the State is able to bind him over and charge him as an adult, the maximum penalty for arson is 30 years in... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: how do I find out if there is a warrant out for my brother who lived in Maine
Hunter J Tzovarras
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answered on Oct 30, 2019

You can contact the court where the charge is and ask. If it's an arrest warrant it may be sealed until he's arrested so you would not be able to find out through the court. Typically only warrants for failure to appear in court are public record. Arrest warrants for new cases are... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Maine on
Q: Contributing to someone's death in a hospital .. I need to know who to talk to or what to do ?

I have a video that will show the proof of adding to the medication on top of the hospitals medication which caused the patient to overdose

Hunter J Tzovarras
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answered on Sep 17, 2019

If this is a case involving medical negligence, you should contact a medical practice lawyer. I do not handle medical malpractice claims. Sorry I can't be more help on this. Thanks

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: I have a pfa on me on behalf of my kids but was ordered phone calls with them at 7 PM is it a violation to text instead

Is it a violation if the pfa order does not say I cant text but says I can call and me and my children text

Hunter J Tzovarras
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answered on Aug 28, 2019

I would have to see the PFA order to know for sure, but if the Order specifies phone calls only then any other contact, including through text, is likely a violation of the Order.

1 Answer | Asked in Criminal Law for Maine on
Q: I am 24 and on 2 occasions I have received bjs from a 17year old is that legal
Hunter J Tzovarras
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answered on Aug 22, 2019

It is illegal under federal law. It would not be illegal under Maine law if it was consensual.

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