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I was falsely accused of assault by my ex-partner, which led to my arrest with a no-contact order as a condition of release. Recently, she came to my home claiming to be homeless, and I allowed her to stay. She assaulted me with a glass, causing serious injury and hospitalization. Although I... View More 
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answered on Apr 28, 2025
Any contact would be a violation of the condition of release. Depending on the charge for which you were placed on bail it can either be charged as a misdemeanor or felony. Her assaulting you would also subject her to possible criminal charges, but would not be a defense to a bail violation charge... View More
He always has had bail before so why not now??
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answered on Apr 18, 2025
There are a few reasons, he could be held with no bail: (1) If he is serving a sentencing there would be no bail, or (2) If he was previously on bail before the new charge, the State could have filed a motion to revoke bail and the Court can be holding him with no bail pending a motion to revoke or... View More
I was falsely accused of assault by a woman who I have had disputes with for 12 years due to her negative views about gay people. I lost my case in the Supreme Court of Maine because I did not have legal representation. I did not start the argument that led to these accusations. I'm looking... View More
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answered on Apr 14, 2025
If your case was already appealed to the Maine Supreme Court then the only other avenue for an appeal is to the United States Supreme Court. In order to have the U.S. Supreme Court hear an appeal an application must be filed with the Court within 90 days of the date the Maine Supreme Court denied... View More
I wish to drop a criminal mischief charge against a woman who kicked and threw rocks at my door to avoid going to court, as she has requested a jury trial. However, I want to ensure that the written no trespassing order, issued by a police officer, remains in effect. Is it possible to keep the no... View More
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answered on Mar 5, 2025
A no trespass order is separate from a criminal charge in court. It would remain in effect even if the criminal charge is dismissed. Typically, a no trespass order is effective for one year. You should contact the DA's office about your concerns with the trial and proceeding on the criminal case.
I went to my Disposition conf. (for D.V. Charge) and was not personally involved in any negotiations.
Not only did my lawyer not contact me prior to my date.. I had to text him to find out where he was once I was there. Once we had met up in a conf room.. I was told to "hang on"... View More
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answered on Feb 11, 2025
Dispositional conference are held in chambers between the State's attorney and defense counsel. The defendant is not present for the conference in chambers. The defendant is required to appear in court and be available to discuss any offer with counsel. If any agreement is reached between the... View More
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answered on Jan 6, 2025
The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.
Fourth Amendment rights can be lessened if a... View More
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answered on Jun 23, 2024
The answer to this questions would depend on numerous factors, such as where is the vessel being held, does the person holding it claim any right to it, how it would be removed, etc? You should consult with a lawyer about the particular facts and circumstances of this matter before taking any... View More
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answered on Jun 23, 2024
Yes, under U.S. Federal law, if someone is instructed to release a vessel but fails to do so, the owner can legally remove the vessel. This is supported by case law where the courts have addressed similar situations involving the retention and release of vessels.
The key term is has the... View More
I am on a deferred disposition and had to get a substance abuse assement and counseling I completed the six week program and turned down the "reccomdation" for extended counseling I didn't know required and reccomdation were the same in that respect can I get back into the... View More
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answered on Jun 13, 2024
If you have a lawyer representing you on this deferred disposition, you should contact your lawyer for legal advice. Generally, you can ask to follow up with the recommendation for extended counseling now and be in compliance with the deferred disposition agreement. It is better to follow up with... View More
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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
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.
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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
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.
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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
Will I get in trouble for smoking since it's still federally illegal I'm in a state where it's legal
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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
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
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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
In Maine, if a temporary PFA (Protection From Abuse) order was dismissed after the plaintiff did not show up for the final hearing, can charges for violating the PFA still be held against the defendant? In this case, my boyfriend was charged with a violation of the PFA after his pregnant... View More
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answered on May 18, 2025
In order to be guilty of violating a protective order, the State would have to prove that at the time the protective order was in place the person violated it. If the protective order is later dismissed that would not be a defense to violating it when it was in effect.
I was pulled over and received a warning for speeding after telling the officer that I was tired from a long day at work and wasn’t feeling well. When asked for my driver’s license, I admitted I didn’t have one, explaining that it wasn’t suspended—I’ve never had one. I shared with the... View More
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answered on May 18, 2025
You should consult with a lawyer before deciding whether to plead guilty. If you don't have a lawyer, or unsure what to do, you should plead not guilty at the initial appearance. Oftentimes an agreement can be reached with the DA to dismiss the criminal charge, especially if you have taken... View More
My boyfriend has been in jail for about two months without bail due to a disorderly conduct charge. He has a minor past criminal history from 14 years ago. He was arrested for disorderly conduct and bringing in contraband, which turned out to be his own medication with proof provided. He was also... View More
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answered on May 15, 2025
It’s possible that your boyfriend’s continued detention without bail is due to a variety of factors. Even though he was released on personal recognizance previously, his current situation might involve a judge or parole board deciding that there are concerns about his potential for reoffending... View More
I noticed errors in my criminal history report while reviewing the discovery for my current charge of unlawful trafficking scheduled drugs. The report incorrectly states that I was charged in 2013 with two counts of aggravated counseling and endangering the welfare of a child. It also mentions that... View More
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answered on May 15, 2025
I'm really sorry you're dealing with this. It's stressful enough to face current charges, and even more so when your criminal history report contains errors that could affect how you're treated in court. You're doing the right thing by catching the mistakes and trying to... View More
I'm a confidential informant and was charged with unlawful trafficking. I did three wired buys and informed on multiple individuals. However, the ADA disclosed my identity by leaving my address and phone number in the discovery documents of the person I did a controlled buy on, leading to... View More
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answered on May 14, 2025
What you're dealing with is extremely serious, and your concerns about safety are valid. As a confidential informant, your identity should have been protected—especially when you were cooperating in good faith and making controlled buys under law enforcement direction. If the Assistant... View More
Can I legally carry a concealed firearm with a permit and possess recreational weed during a traffic stop?
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answered on May 18, 2025
It is a violation of federal law to possess a firearm if you are an "unlawful user of or addicted to any controlled substance". https://www.law.cornell.edu/uscode/text/18/922
Because THC is a federally controlled substance possessing a firearm and being a user of THC can be... View More
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