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Maine Criminal Law Questions & Answers
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
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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
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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
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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
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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
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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
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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
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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: 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
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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
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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
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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
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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
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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.

2 Answers | Asked in Family Law and Criminal Law for Maine on
Q: In ME, 1987-1988. Was it legal for a 14yo girl to be impregnated by a 17yo male? Does offspring have any civil option?

I am an adoptee seeking this info to find out if it's possible that my bio father isn't listed on my birth certificate to avoid sex offender registry in 1988 before romeo and Juliet laws.

Robert Kane
Robert Kane
answered on Jun 3, 2023

This would be better addressed by an attorney licensed in Maine. Orange County Unbundled Legal Services.

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1 Answer | Asked in Criminal Law for Maine on
Q: If I confess to a crime I did can I choose my jail time if it's reasonable?
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answered on Mar 22, 2023

If you're convicted of a crime, it is up to the Judge to determine the sentence. You can ask for a certain sentence and give the Judge the reasons why it should be imposed, but ultimately it is up to the Judge to decide the sentence.

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Can a no contact order be lifted by DA before arraignment court date?

Boyfriend didn't want arrest to happen or arrest. There was no physical touch no witnesses no text or video tapi g. Nothing recorded and no neighbor statements

Hunter J Tzovarras
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answered on Feb 20, 2023

If you're referring to a no contact order in the bail bond, it is possible to have it removed by the Court before arraignment. The defendant will need to file a motion to have the condition removed and the court will schedule a hearing on it for the court to decide whether to remove it or not.... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Maine on
Q: Can I move and get a firearm in another state if there is an active PFA against me in this state?
Hunter J Tzovarras
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answered on Jan 12, 2023

If you have an active PFA that does not allow possession of a firearm, or has certain elements of threats or violence, then you cannot possess a firearm under federal law in any state.

1 Answer | Asked in Criminal Law for Maine on
Q: How do I file assault and child endangerment charges?

May 9, 2022, ex-wife came to pick up daughter, outraged over being an hour late due to road closures, and while I was holding the handle of the rear passenger door saying goodbye to my daughter, my ex-wife sped off with the door open and me still hanging on. My daughter was scared, as was I. I went... View More

Hunter J Tzovarras
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answered on Dec 27, 2022

You need to contact the police to file a report. Once the police complete the investigation, the reports will be sent to the District Attorney to make a charging decision.

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
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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

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