Maine Criminal Law Questions & Answers

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Feb 11, 2019
Hunter J Tzovarras' answer
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

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

2 Answers | Asked in Contracts and Criminal Law for Maine on
Answered on Jan 14, 2019
Fred Bopp III's answer
I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us

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

2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on
Answered on Jan 13, 2019
Fred Bopp III's answer
I am sorry, but I do not understand your question. Could you try filling in more details?

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Dec 3, 2018
Zachary J. Smith's answer
That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.

Q: Will Maine extradite for unpaid fines

2 Answers | Asked in Criminal Law for Maine on
Answered on Sep 23, 2018
Gary Kollin's answer
Is there an arrest warrant ?

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

1 Answer | Asked in Animal / Dog Law and Criminal Law for Maine on
Answered on Aug 27, 2018
Zachary J. Smith's answer
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.

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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Answered on Jul 19, 2018
Gary Kollin's answer
Because the founding fathers wrote it that way in 1789

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Jun 8, 2018
Zachary J. Smith's answer
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.

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Apr 5, 2018
Zachary J. Smith's answer
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.

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

1 Answer | Asked in Family Law and Criminal Law for Maine on
Answered on Apr 28, 2016
Christian Foster Esq's answer
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 process. Contact a lawyer in your jurisdiction for more complete advice.

Q: What ruling I'd considered a felony?

1 Answer | Asked in Criminal Law for Maine on
Answered on Nov 2, 2015
Robert Jason De Groot's answer
What are the facts here? Generally, a felony is a crime for which a person can go to prison for more than one year.

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Oct 23, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Jan 17, 2013
Luke Rioux Esq's answer
What happens if a sheriff issues you a summons? You need to appear in court at the date on the summons.

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?

1 Answer | Asked in Criminal Law for Maine on
Answered on Jan 17, 2013
Luke Rioux Esq's answer
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.

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?

1 Answer | Asked in Criminal Law for Maine on
Answered on Jan 17, 2013
Luke Rioux Esq's answer
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 more time to make payments.

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Jan 17, 2013
Luke Rioux Esq's answer
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.

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Jan 17, 2013
Luke Rioux Esq's answer
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 you are felon already and you possessed the gun, that can be a state or federal crime. It sounds like the state offense is the one charged. The federal sentence would depend on a detailed analysis of...

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

1 Answer | Asked in Criminal Law for Maine on
Answered on Jan 17, 2013
Luke Rioux Esq's answer
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 remainder of their sentence. This is true even if the person violates on their last day of probation. Contact an attorney ASAP. It might be possible to negotiate with the Probation Officer and with the...

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