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Maine Criminal Law Questions & Answers
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
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
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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
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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
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
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
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.

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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
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
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 and Constitutional Law for Maine on
Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

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

Hunter J Tzovarras
Hunter J Tzovarras
answered on Oct 1, 2022

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

1 Answer | Asked in Criminal Law for Maine on
Q: When leaving a Casino I saw some money was left on an ATM ( 250.00) I took it assuming lost money.

Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed

Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 29, 2022

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

1 Answer | Asked in Criminal Law for Maine on
Q: Hi I have been charged with theft class e crime. I just refused to pay for the sandwich which I didn’t like as it wasbad

Will the judge drop the charges?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 30, 2022

The Judge cannot drop the charge because it is up to the District Attorney what charge to bring and whether to drop it or not.

You could have a trial on the charge with the Judge and if the Judge finds the District Attorney has not proven beyond a reasonable doubt you committed the charge...
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1 Answer | Asked in Criminal Law for Maine on
Q: I have 14 year old fta bench warrant for class c drug theft (which I did not commit). How can i clear it up without jail

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

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 16, 2022

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

2 Answers | Asked in Criminal Law for Maine on
Q: a fire Marshall stop by and said he would be back to charge me accessory to arson or conspiracy of arson what do I do
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 8, 2022

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.

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2 Answers | Asked in Criminal Law for Maine on
Q: a fire Marshall stop by and said he would be back to charge me accessory to arson or conspiracy of arson what do I do
Zachary J. Smith
Zachary J. Smith
answered on Jul 8, 2022

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.

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1 Answer | Asked in Criminal Law for Maine on
Q: Back in March of this year I was served a summons for an alleged assault on a member at Planet Fitness in Waterville, ME

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?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Jul 7, 2022

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

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Joseph A. Bondy
PREMIUM
Joseph A. Bondy
answered on Jun 30, 2022

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).

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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jun 30, 2022

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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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
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
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
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.

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