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Maine Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Q: How long can they hold you in a dry tank inside the county jail in New Hampshire?

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 »

Hunter J Tzovarras
Hunter J Tzovarras
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 »

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 Bankruptcy, Constitutional Law, Domestic Violence and Legal Malpractice for Maine on
Q: Invalid prenup became valid in retaliation of reporting fraud by attorney.

My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.

Timothy Denison
Timothy Denison
answered on Jul 17, 2022

What is your question?

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 Esq
PREMIUM
William T. Bly Esq
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... Read 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... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
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, Civil Rights and Constitutional Law for Maine on
Q: What happened to the historical definition of liberty? Freedom from unreasonable physical restraint as in being arreste

How come the first part of the 4th amendment refers to the operation of the law and not the reasonableness of the law?

Why is marijuana not treated as property and the laws criminalizing marijuana are not subjected to strict scrutiny standard of review?

Gary Kollin
Gary Kollin
answered on Jul 19, 2018

Because the founding fathers wrote it that way in 1789

1 Answer | Asked in Constitutional Law for Maine on
Q: Can a governor be impeached in Maine law?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Probably. Why do you ask?

1 Answer | Asked in Constitutional Law for Maine on
Q: If not all the states have ratified the 26th amendment does it make that amendment in violation to the tenth amendment?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

What is your own conclusion about this.?

1 Answer | Asked in Constitutional Law for Maine on
Q: Section 20 trial by jury of Maine's constitution. Can a person be forced into arbitration and made to pay for it?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You have not given enough facts here. I suspect that there is a contract involved, but you said nothing about that.

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