Get free answers to your Criminal Law legal questions from lawyers in your area.
answered on Jun 23, 2024
Yes, under U.S. Federal law, if someone is instructed to release a vessel but fails to do so, the owner can legally remove the vessel. This is supported by case law where the courts have addressed similar situations involving the retention and release of vessels.
The key term is has the... View More
answered on Jun 23, 2024
The answer to this questions would depend on numerous factors, such as where is the vessel being held, does the person holding it claim any right to it, how it would be removed, etc? You should consult with a lawyer about the particular facts and circumstances of this matter before taking any... View More
I am on a deferred disposition and had to get a substance abuse assement and counseling I completed the six week program and turned down the "reccomdation" for extended counseling I didn't know required and reccomdation were the same in that respect can I get back into the... View More
answered on Jun 13, 2024
If you have a lawyer representing you on this deferred disposition, you should contact your lawyer for legal advice. Generally, you can ask to follow up with the recommendation for extended counseling now and be in compliance with the deferred disposition agreement. It is better to follow up with... View More
answered on Apr 8, 2024
The statute of limitations for a Class E misdemeanor is 3 years. There are some exceptions and exertions that can apply, such as when the person is absent from the State of Maine. You'll want to review Title 17-A Section 8 of the Maine Revised Statutes.... View More
I was serving time for a separate county, I served 16 months. Once I was released on probation for that county, I was re arrested for an indictment that was filed 12 months prior that I was never made aware of because they admittedly made a clerical error.
answered on Feb 4, 2024
The specific time frame a state has to prosecute after an indictment is returned can vary depending on the jurisdiction and the nature of the charges. This period is governed by the statute of limitations, which sets the maximum time after an event within which legal proceedings may be initiated.... View More
I was serving time for a separate county, I served 16 months. Once I was released on probation for that county, I was re arrested for an indictment that was filed 12 months prior that I was never made aware of because they admittedly made a clerical error.
answered on Feb 2, 2024
You have a right to a speedy trial on an indictment. If the State failed to prosecute the case for 12 months--due to no fault of your own--you can raise this as a speedy trial claim and request a dismissal. There are four factors the court considers in whether to dismiss a case for a speedy trial... View More
Will I get in trouble for smoking since it's still federally illegal I'm in a state where it's legal
answered on Jan 18, 2024
If the deferred disposition agreement and bail bond do not prohibit using marijuana then using it will not be considered a violation of either. Possessing marijuana is still a federal crime in Maine. The Justice Department is unlikely to charge or prosecutor misdemeanor possessions of marijuana in... View More
I had an attorney for another law firm tell me that when they worked for my trial lawyer they looked at my case and they told me that my trial lawyer "screwed me over". my trial lawyer filed a motion to suppress evidence but never showed up, the motion was because I was held at MMC in... View More
answered on Dec 10, 2023
The procedure for challenging a conviction due to errors by trial counsel is a post-conviction review for ineffective assistance of counsel. Once the post-conviction process is final in the State court, you can file a petition for review in the federal court. There are strict time limits for filing... View More
answered on Sep 16, 2024
You can contact the clerk's office at the court to ask about the status of the case.
She used her phone to record bus driver being really bad to these kids. She then told her boss and to me, if you have nothing to hide then why should it matter
answered on Dec 14, 2023
There is no criminal statute prohibiting a recording on a school bus. There may be school related policies against it, but it would not be a criminal violation.
Dropped domestic charge to a disorderly conduct charge
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
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.
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.
answered on Sep 3, 2023
It is illegal to possess a ballistic knife in Maine.
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.
In Maine. If there is a, hearing rule number
Felony charge
answered on Jul 28, 2023
In some cases, there may be a pre-trial conference or a status hearing scheduled in court, during which the parties discuss the case's progress and any potential resolution. However, this is not specifically designated as a hearing to reject a plea deal. It is an opportunity for both parties... View More
Felony charges
answered on Jul 28, 2023
When a defendant is offered a plea deal by the state, they typically have the option to either accept or reject the offer. If you decide to reject the plea deal, it is essential to communicate your decision to your defense attorney as soon as possible. Your attorney will then advise you on the next... View More
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?
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
answered on Jul 25, 2023
A Rule 11 hearing refers to a guilty plea hearing for a felony charge.
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.
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.
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.