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 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
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?
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
the police just walked into my mother in laws garage opn a supposed probation check, no tresspass signs are posted everywhere, came into garage then announced, threw me out and my mom in law told them no consent as this isn't my house, probation officer not present, located said fentanyl; no... View More
If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated...View More
Originally arrested for aggravated assault domestic violence sexual misconduct only pled to aggravated assaults while on probation after serving sentence of 5 years all suspended but 5 months He broke. PFA and caught new charges for driving without a license habitual offense
You can receive up to 7 days a month for good time credit. However, domestic charges, and some other charges, only allow for 5 days of good time per month. The application of good time credit is decided by the Department of Corrections, not Court. I hope this helps answer the questions.
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...View More
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... View More
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...View More
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... View More
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...View More
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
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... View More
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...View More
You should not talk to the fire marshal or make ant statements as anything you say can be used against you and to assist in their case. It will not be held against you a evidence if you decline to speak with them. You should contact a lawyer for representation.
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.
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?
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...View More
No. Possessing a gun and using cannabis, which is still federally illegal, renders you subject to prosecution as an “unlawful drug user in possession of a firearm,” a violation of 18 U.S.C. § 922(g)(3).
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...View More
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