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 »
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?
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...Read more »
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... Read more »
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...Read more »
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
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
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.
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...Read more »
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.
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.
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?
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 »
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...Read more »
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...Read more »
It would depend on the category of gross sexual assault that is charged and convicted on. In general, this is a very serious charge that often carries a long prison term, with some forms of gross sexual assault carrying prison terms of 20 years or more. A gross sexual assault conviction will also...Read more »
Most Class A drug charges in Maine carry a mandatory minimum 4 year prison sentence. The maximum is 30 years for this charge. If found guilty of the Class A crime and the mandatory 4 years applies then that would be the lowest sentence that can be imposed. Please let me know if there are any...Read more »
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