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Maine Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for Maine on
Q: Can I move and get a firearm in another state if there is an active PFA against me in this state?
Hunter J Tzovarras
Hunter J Tzovarras
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.

1 Answer | Asked in Criminal Law for Maine on
Q: How do I file assault and child endangerment charges?

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 »

Hunter J Tzovarras
Hunter J Tzovarras
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.

1 Answer | Asked in Construction Law and Criminal Law for Maine on
Q: Does the three different good time laws in Maine violate constitutionality and or are they discriminatory!
Hunter J Tzovarras
Hunter J Tzovarras
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 »

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 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...
Read more »

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
Zachary J. Smith
Zachary J. Smith
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.

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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 »

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... Read 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
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 »

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