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Maine Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Domestic Violence and Civil Litigation for Maine on
Q: Falsely accused of assault, ex-partner now assaulted me; concern over reporting due to breaching release conditions.

I was falsely accused of assault by my ex-partner, which led to my arrest with a no-contact order as a condition of release. Recently, she came to my home claiming to be homeless, and I allowed her to stay. She assaulted me with a glass, causing serious injury and hospitalization. Although I... View More

Hunter J Tzovarras
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answered on Apr 28, 2025

Any contact would be a violation of the condition of release. Depending on the charge for which you were placed on bail it can either be charged as a misdemeanor or felony. Her assaulting you would also subject her to possible criminal charges, but would not be a defense to a bail violation charge... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: My boyfriend sits in Cumberland County jail been there since last Thursday he can’t bail out has no bail. Why?!!

He always has had bail before so why not now??

Hunter J Tzovarras
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answered on Apr 18, 2025

There are a few reasons, he could be held with no bail: (1) If he is serving a sentencing there would be no bail, or (2) If he was previously on bail before the new charge, the State could have filed a motion to revoke bail and the Court can be holding him with no bail pending a motion to revoke or... View More

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Maine on
Q: Falsely accused of assault, lost in Supreme Court of Maine without a lawyer; seeking next steps.

I was falsely accused of assault by a woman who I have had disputes with for 12 years due to her negative views about gay people. I lost my case in the Supreme Court of Maine because I did not have legal representation. I did not start the argument that led to these accusations. I'm looking... View More

Hunter J Tzovarras
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answered on Apr 14, 2025

If your case was already appealed to the Maine Supreme Court then the only other avenue for an appeal is to the United States Supreme Court. In order to have the U.S. Supreme Court hear an appeal an application must be filed with the Court within 90 days of the date the Maine Supreme Court denied... View More

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1 Answer | Asked in Criminal Law for Maine on
Q: Can I keep a no trespassing order after dropping criminal mischief charge?

I wish to drop a criminal mischief charge against a woman who kicked and threw rocks at my door to avoid going to court, as she has requested a jury trial. However, I want to ensure that the written no trespassing order, issued by a police officer, remains in effect. Is it possible to keep the no... View More

Hunter J Tzovarras
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answered on Mar 5, 2025

A no trespass order is separate from a criminal charge in court. It would remain in effect even if the criminal charge is dismissed. Typically, a no trespass order is effective for one year. You should contact the DA's office about your concerns with the trial and proceeding on the criminal case.

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Is it normal for a defendant to not be present/involved at their disposition conference

I went to my Disposition conf. (for D.V. Charge) and was not personally involved in any negotiations.

Not only did my lawyer not contact me prior to my date.. I had to text him to find out where he was once I was there. Once we had met up in a conf room.. I was told to "hang on"... View More

Hunter J Tzovarras
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answered on Feb 11, 2025

Dispositional conference are held in chambers between the State's attorney and defense counsel. The defendant is not present for the conference in chambers. The defendant is required to appear in court and be available to discuss any offer with counsel. If any agreement is reached between the... View More

1 Answer | Asked in Criminal Law for Maine on
Q: On probation I was stopped for no reason driving someone else’s vehicle with a clean record, did he have right to stop?
Hunter J Tzovarras
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answered on Jan 6, 2025

The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.

Fourth Amendment rights can be lessened if a...
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2 Answers | Asked in Criminal Law and Admiralty / Maritime for Maine on
Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it
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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

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2 Answers | Asked in Criminal Law and Admiralty / Maritime for Maine on
Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it
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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...
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1 Answer | Asked in Criminal Law for Maine on
Q: I'm on a deferred disposition

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

Hunter J Tzovarras
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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

1 Answer | Asked in Criminal Law for Maine on
Q: What is the statute of limitations on being charged with Class E misdemeanor? How does Maine issue warrants?
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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

2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: How long after indictment returned does a state have to prosecute of you're already incarcerated serving another county

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.

James L. Arrasmith
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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

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2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: How long after indictment returned does a state have to prosecute of you're already incarcerated serving another county

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.

Hunter J Tzovarras
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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

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2 Answers | Asked in Criminal Law for Maine on
Q: I'm on a deferred disposition And am not aloud to use or posses alcohol but on the marijuana box it has nothing

Will I get in trouble for smoking since it's still federally illegal I'm in a state where it's legal

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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

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1 Answer | Asked in Criminal Law and Legal Malpractice for Maine on
Q: What should I do when a lawyer knows that my case could've been won?

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

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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

1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: Should I plead not guilty for driving without a license in Maine?

I was pulled over and received a warning for speeding after telling the officer that I was tired from a long day at work and wasn’t feeling well. When asked for my driver’s license, I admitted I didn’t have one, explaining that it wasn’t suspended—I’ve never had one. I shared with the... View More

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answered on May 16, 2025

Given everything you've shared, it may be in your best interest to plead not guilty at the arraignment. Doing so doesn’t deny what happened—it simply protects your right to explain your circumstances and explore options like a reduction, dismissal, or diversion program. It gives you time... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maine on
Q: Why is my boyfriend still in jail without bail for disorderly conduct in Maine?

My boyfriend has been in jail for about two months without bail due to a disorderly conduct charge. He has a minor past criminal history from 14 years ago. He was arrested for disorderly conduct and bringing in contraband, which turned out to be his own medication with proof provided. He was also... View More

James L. Arrasmith
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answered on May 15, 2025

It’s possible that your boyfriend’s continued detention without bail is due to a variety of factors. Even though he was released on personal recognizance previously, his current situation might involve a judge or parole board deciding that there are concerns about his potential for reoffending... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Maine on
Q: How to correct errors in my criminal history report for current Maine charges?

I noticed errors in my criminal history report while reviewing the discovery for my current charge of unlawful trafficking scheduled drugs. The report incorrectly states that I was charged in 2013 with two counts of aggravated counseling and endangering the welfare of a child. It also mentions that... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're dealing with this. It's stressful enough to face current charges, and even more so when your criminal history report contains errors that could affect how you're treated in court. You're doing the right thing by catching the mistakes and trying to... View More

1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Maine on
Q: ADA disclosed my identity as a confidential informant, causing harassment and safety concerns.

I'm a confidential informant and was charged with unlawful trafficking. I did three wired buys and informed on multiple individuals. However, the ADA disclosed my identity by leaving my address and phone number in the discovery documents of the person I did a controlled buy on, leading to... View More

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answered on May 14, 2025

What you're dealing with is extremely serious, and your concerns about safety are valid. As a confidential informant, your identity should have been protected—especially when you were cooperating in good faith and making controlled buys under law enforcement direction. If the Assistant... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Traffic Tickets for Maine on
Q: Legal to concealed carry and possess weed in Maine traffic stop?

Can I legally carry a concealed firearm with a permit and possess recreational weed during a traffic stop?

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answered on May 14, 2025

That’s a smart question, since Maine’s laws on both concealed carry and marijuana are pretty clear—but things get complicated when you combine the two. In Maine, adults can legally possess small amounts of recreational marijuana and can also carry a concealed firearm if they have the proper... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Maine on
Q: Facing a Class D Misdemeanor in Maine, evidence withheld despite rights. How to proceed?

I'm facing a Class D Misdemeanor charge in Maine, and the state is withholding all evidence from me, despite my right to access it under 501-1 A. Even with an official Motion to Dismiss, Compel, and other attempts, the DA claims I can't have it, and a judge has sealed the records. I... View More

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answered on Apr 12, 2025

Your situation raises significant due process concerns under Maine Rules of Criminal Procedure Rule 16, which governs discovery rights in criminal cases. Maine law generally requires prosecutors to disclose evidence to defendants, with limited exceptions for witness protection or confidential... View More

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