Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maine Criminal Law Questions & Answers
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?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Domestic Violence for Maine on
Q: Was arrested for Domestic Violence Assault about year ago - again for disorderly conduct- will there be jail time ?

Dropped domestic charge to a disorderly conduct charge

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2023

All domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record.... View More

1 Answer | Asked in Criminal Law for Maine on
Q: After a plea hearing for manslaughter from an accident, what’s the typical amount of time to report to prison? In Maine
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2023

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.

1 Answer | Asked in Criminal Law for Maine on
Q: Is there a hearing, where you would go to the court to tell the court you won’t take the final deal from the State?

In Maine. If there is a, hearing rule number

Felony charge

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

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

1 Answer | Asked in Criminal Law for Maine on
Q: Is there a, rule hearing, for telling the court that you’re saying no to a final plea deal from state?

Felony charges

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

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

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Maine on
Q: Premeditaded crime or culpable homicide?

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?

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

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

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maine on
Q: Probation searches done by police in Maine, no warrant, not probationer home, property labeled no trespass arrested

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

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2023

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

2 Answers | Asked in Criminal Law for Maine on
Q: If sentence was 9 months one day, how much time would one do with good time?

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

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2023

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.

View More Answers

1 Answer | Asked in Construction Law and Criminal Law for Maine on
Q: Does the three different good time laws in Maine violate constitutionality and or are they discriminatory!
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2022

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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Q: How long can they hold you in a dry tank inside the county jail in New Hampshire?

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

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2022

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

1 Answer | Asked in Criminal Law for Maine on
Q: In maine is it legal for my child to record on her school bus if she has felt unsafe or bus driver has been retaliating

She used her phone to record bus driver being really bad to these kids. She then told her boss and to me, if you have nothing to hide then why should it matter

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

There is no criminal statute prohibiting a recording on a school bus. There may be school related policies against it, but it would not be a criminal violation.

1 Answer | Asked in Criminal Law for Maine on
Q: If my boyfriend is on unsupervised probation and wants to move to Maine for more job opportunities? No violations since

He has had no contact with the law since being released. He want to move to have more work opportunities and a better life. He will seek out AA meeting to keep his sobriety. There is more work in his field and support here.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

If he is on probation in a State other than Maine, he'll need to apply for a probation transfer to Maine. This has to be done in his home State through the probation office there.

1 Answer | Asked in Criminal Law for Maine on
Q: Can I legally own a ballistic knife in the state of Maine to keep at my residence but not on my person?

For the record I do not have one but I am curious as to whether or not I can legally own one for home protection due to my inability to legally own a firearm.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

It is illegal to possess a ballistic knife in Maine.

1 Answer | Asked in Criminal Law for Maine on
Q: In Maine, Rule 11 hearing, is that hearing used to tell the court you're saying no to a final plea deal from the State?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

A Rule 11 hearing refers to a guilty plea hearing for a felony charge.

1 Answer | Asked in Criminal Law for Maine on
Q: In Maine, after all plea negotiations and no deal made, do you go to court to tell judge you're not going to take a plea
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

The case will be scheduled for a docket call, which is the time to tell the Court no plea agreement has been reached and the case will then be scheduled for a trial.

1 Answer | Asked in Criminal Law for Maine on
Q: What is the expected punishment for a Class E misdemeanor in Maine for a first time offender?

Took money that I saw left at am ATM thinkin it was lost.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

The maximum penalty for a Class E misdemeanor is 180 days in jail and $1000 fine. It is rare for someone to be sentenced to the maximum sentence. Depending on the circumstances of the offense, and the individual, it is possible to receive no jail time for a Class E misdemeanor.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.