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Maine Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Maine on

Q: How do I subpoena a witness? How many days before trial does witness need?

Hunter J Tzovarras answered on Feb 11, 2019

You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks

2 Answers | Asked in Contracts and Criminal Law for Maine on

Q: I need to remove squatters from my cabin located on leased land in the unorganized territories of Maine.

How do I go about this? Our last attempt was closed without prejudice. I do not understand the legal system and cannot afford a lawyer. Can you help me?

Fred Bopp III answered on Jan 14, 2019

I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us

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2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on

Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back

We have squatters in our camp on leased land in the unorganized territories of Maine. We have everything we need to show the camp is ours but we do not know the legal system. Can you have a warranty deed to a building that is on leased land?

Fred Bopp III answered on Jan 13, 2019

I am sorry, but I do not understand your question. Could you try filling in more details?

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1 Answer | Asked in Criminal Law for Maine on

Q: Are there any instances where the police wouldn't need a warrant to search a house?

Zachary J. Smith answered on Dec 3, 2018

That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.

2 Answers | Asked in Criminal Law for Maine on

Q: Will Maine extradite for unpaid fines

Owe like $2300

Gary Kollin answered on Sep 23, 2018

Is there an arrest warrant ?

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Maine on

Q: If I suspect animal abuse or neglect on a neighbors property how much trouble could I get in for trespassing for proof?

Animal control has been called more than once from other neighbors and they have done nothing. The property is very obviously dirty and smells horrible. You can see many dogs on short chains and small, inadequate cages from the road. If someone were to go on the residents property to get proof of... Read more »

Zachary J. Smith answered on Aug 27, 2018

This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on

Q: What happened to the historical definition of liberty? Freedom from unreasonable physical restraint as in being arreste

How come the first part of the 4th amendment refers to the operation of the law and not the reasonableness of the law?

Why is marijuana not treated as property and the laws criminalizing marijuana are not subjected to strict scrutiny standard of review?

Gary Kollin answered on Jul 19, 2018

Because the founding fathers wrote it that way in 1789

1 Answer | Asked in Criminal Law for Maine on

Q: Hi i got 2 seperate charges for theft i got a court date july 17th in ellsworth maine am i looking at just a fine

Zachary J. Smith answered on Jun 8, 2018

There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.

1 Answer | Asked in Criminal Law for Maine on

Q: My daughter has 5 class c felonies and a violation of an 18 month divered disposition agreement how much time ?

Zachary J. Smith answered on Apr 5, 2018

If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.

1 Answer | Asked in Family Law and Criminal Law for Maine on

Q: Can criminal charges of perjury be sought against a spouse when they have filed a PFA with verifiable lies?

Specifically in relation to finances where one spouse has drained all the savings and then falsely accused the other of the actions.

Christian Foster Esq answered on Apr 28, 2016

You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial... Read more »

1 Answer | Asked in Criminal Law for Maine on

Q: What ruling I'd considered a felony?

Your courts have A,B, C,D,E...what is a felony under Maine law

Robert Jason De Groot answered on Nov 2, 2015

What are the facts here? Generally, a felony is a crime for which a person can go to prison for more than one year.

1 Answer | Asked in Criminal Law for Maine on

Q: Will probation be revoked for a new criminal trespass charge?

My son just recently was charged with class b burglary and was sentenced to 2 years with all but 100 days suspended and 2 years probation (no prior criminal history) He was now arrested and charged with criminal trespass.His cousin picked him up and brought him to her home she shared with her... Read more »

Robert Jason De Groot answered on Oct 23, 2015

Hire a private criminal defense attorney for the son. It seems to me from what you have written that he should not have been charged because he was there with permission from the cousin.

1 Answer | Asked in Criminal Law for Maine on

Q: What happens if you sherriff issued summons for criminal tresspassing

Luke Rioux Esq answered on Jan 17, 2013

What happens if a sheriff issues you a summons? You need to appear in court at the date on the summons.

1 Answer | Asked in Criminal Law for Maine on

Q: Can a florida judge state that he isn't going to give time certain trial date due to the fact we live in maine?

Luke Rioux Esq answered on Jan 17, 2013

I don't really understand the question but I also don't know of any rule requiring that the florida judge schedule things in a particular way. Maybe ask a Florida Attorney.

1 Answer | Asked in Criminal Law for Maine on

Q: Can a person's probation be revoked in Maine if their restitution is not fully paid yet, but they made a good faith effort?

Luke Rioux Esq answered on Jan 17, 2013

If the probation included a condition that the restitution must be paid before the end of probation, the answer is "yes." The state must file a motion to revoke probation before the probation ends. The judge would then decide what to do. If you have made efforts to pay, you would likely be given... Read more »

1 Answer | Asked in Criminal Law for Maine on

Q: How long does the warrant of arrest stay active?

Luke Rioux Esq answered on Jan 17, 2013

Until the warrant is served or recalled. Arrest warrants are served by arresting the person. A criminal defense attorney can file a motion to recall a warrant and a judge might choose to recall the warrant under some circumstances.

1 Answer | Asked in Criminal Law for Maine on

Q: Whats the max penilty for 2 class b felony charges of theft of a firearm and gun possession

Luke Rioux Esq answered on Jan 17, 2013

The maximum sentence for class B felony charges is 10 years in prison. If both charges stem from the same criminal act (stealing the gun and then possessing the same gun) then the sentences would need to be concurrent, meaning you might get 10 years on each but they are served at the same time. If... Read more »

1 Answer | Asked in Criminal Law for Maine on

Q: If someone has a warrant for absconding probation with only 5 months left what can be done to get the warrant dropped

Luke Rioux Esq answered on Jan 17, 2013

This is a very serious situation. The most basic condition of probation is to show up for your scheduled check ins. The amount of time left on probation does not have much to do with the severity of the violation. In Maine Criminal Courts, any violation can result in the person serving the... Read more »

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