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Maine Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and DUI / DWI for Maine on
Q: I'm looking for a lawyer to appear in court for me tomorrow at 830 in machias maine for an oui. Any suggestions?
William T. Bly Esq
William T. Bly Esq answered on Feb 3, 2020

Asking someone to appear for you and looking for suggestions sounds like you're shooting in the dark. And this is a last minute "ask". My suggestion is that you make serious inquiries about retaining the best attorney that you can, and if that person can appear for you, that's a bonus. If you... Read more »

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2 Answers | Asked in Criminal Law for Maine on
Q: How long does a felony 1st appearance in Maine take? Do you have to wait until everyone's done before leaving?

Hi,

I previously asked about how long a felony first appearance in Maine takes, and if there's a bathroom break. I received an answer that first appearances, unlike arraingment, don't take very long, and a bathroom break is therefore unnecessary.

First of all: thanks for that... Read more »

William T. Bly Esq
William T. Bly Esq answered on Jan 22, 2020

That is correct. You might be waiting for a long time for the judge to call your name. FYI, if you're seeking representation for a criminal charge, and it sounds like it's a felony, please consider calling my office to setup a consultation. Thanks and good luck.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: fictitious inspection sticker in ME, 1st offense

My husband was recently pulled over and was ticketed for no proof of insurance, we have it although the card wasnt in his car. Also got summons for display of fictitious inspection sticker.This is a 1st offense, what are the penalties, and will there be jail time?

Hunter J Tzovarras
Hunter J Tzovarras answered on Jan 20, 2020

On the insurance, if you contest the ticket and send in proof of insurance that ticket should be dismissed.

On the inspection sticker charge, it is a class E misdemeanor that carries a maximum penalty of 180 days in jail and $1000 fine. Those are the maximum penalties. Jail time is not...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: How long does 1st appearance in Maine take? Can you go to bathroom in the middle? At what point are you considered done?
William T. Bly Esq
William T. Bly Esq answered on Jan 17, 2020

There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: In Maine, at what point in the pre-trial process is a person released, and how would someone's bail be denied?

So to clarify my question a little more:

I'm a writer, and looking to do some research for my book. In it, someone is arrested on a felony, and the prosecution argues that he's dangerous and his bail should be denied.

So firstly: at what stage would the prosecution argue this?... Read more »

Hunter J Tzovarras
Hunter J Tzovarras answered on Jan 11, 2020

The bail would be argued at the initial appearance.

If someone is granted bail they are released right away after the initial appearance.

Hope that helps. Thanks

1 Answer | Asked in Criminal Law and Federal Crimes for Maine on
Q: If a 17 year old boy commited simple arson but it was his first offence of arson how may years in jail will he get

He's 17 he's had probations and has gotten into trouble before but never with arson

Hunter J Tzovarras
Hunter J Tzovarras answered on Nov 9, 2019

If he is charged as a juvenile, the maximum penalty could be a commitment to the juvenile jail until the age of 21. It does not mean he would receive this but that would be the maximum. If the State is able to bind him over and charge him as an adult, the maximum penalty for arson is 30 years in... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: how do I find out if there is a warrant out for my brother who lived in Maine
Hunter J Tzovarras
Hunter J Tzovarras answered on Oct 30, 2019

You can contact the court where the charge is and ask. If it's an arrest warrant it may be sealed until he's arrested so you would not be able to find out through the court. Typically only warrants for failure to appear in court are public record. Arrest warrants for new cases are typically sealed... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Maine on
Q: Contributing to someone's death in a hospital .. I need to know who to talk to or what to do ?

I have a video that will show the proof of adding to the medication on top of the hospitals medication which caused the patient to overdose

Hunter J Tzovarras
Hunter J Tzovarras answered on Sep 17, 2019

If this is a case involving medical negligence, you should contact a medical practice lawyer. I do not handle medical malpractice claims. Sorry I can't be more help on this. Thanks

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: I have a pfa on me on behalf of my kids but was ordered phone calls with them at 7 PM is it a violation to text instead

Is it a violation if the pfa order does not say I cant text but says I can call and me and my children text

Hunter J Tzovarras
Hunter J Tzovarras answered on Aug 28, 2019

I would have to see the PFA order to know for sure, but if the Order specifies phone calls only then any other contact, including through text, is likely a violation of the Order.

1 Answer | Asked in Criminal Law for Maine on
Q: I am 24 and on 2 occasions I have received bjs from a 17year old is that legal
Hunter J Tzovarras
Hunter J Tzovarras answered on Aug 22, 2019

It is illegal under federal law. It would not be illegal under Maine law if it was consensual.

1 Answer | Asked in Criminal Law for Maine on
Q: If I get convicted of gross sexual assault what are the possible outcomes
Hunter J Tzovarras
Hunter J Tzovarras answered on Aug 22, 2019

It would depend on the category of gross sexual assault that is charged and convicted on. In general, this is a very serious charge that often carries a long prison term, with some forms of gross sexual assault carrying prison terms of 20 years or more. A gross sexual assault conviction will also... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: in maine, what would happen to a newly turned 18 year old found dealing class a drugs if its a first offense?
Hunter J Tzovarras
Hunter J Tzovarras answered on Aug 8, 2019

Most Class A drug charges in Maine carry a mandatory minimum 4 year prison sentence. The maximum is 30 years for this charge. If found guilty of the Class A crime and the mandatory 4 years applies then that would be the lowest sentence that can be imposed. Please let me know if there are any... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: How much time do you serve on a 60 day sentence? Charge is probation violation.Original charge dv assault
Hunter J Tzovarras
Hunter J Tzovarras answered on Jul 14, 2019

On a DV assault charge, you can earn up to 5 days of good time credit per month, so you may end up doing 50 out of the 60. It is possible if you obtained a trustee job you could get more time off as well. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: charged with saleuse of paraphernalia and furnishing the place/liquor. this charge was when i was 17, but my court-

-date is the day after my 18th birthday. how will i be charged? this is my first time getting a summons. i am so nervous

Hunter J Tzovarras
Hunter J Tzovarras answered on Jul 11, 2019

If it occurred before you turned 18 and is a criminal charge, you'd be charged as a minor, not adult. If it is not a criminal charge, but a civil violation, it is not a criminal charge and the age does not matter. I hope this helps. Thanks

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
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
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
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
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
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
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.

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