Sex trafficking became a crime in Maine in 2013. This law absorbs the old promotion of prostitution crime and uses many of the same terms and definitions. Compelling a person into prostitution has always been a serious felony in Maine, but the sex trafficking law expands the definition of “compelling” and provides many more ways for this conduct to be charged as a felony offense. That crime is now called aggravated sex trafficking and it has a 10 year maximum prison sentence. [Read more…]
March 21, 2014 By Leave a Comment
Maine sex trafficking laws: the new promoting prostitution crime
March 8, 2014 By Leave a Comment
Maine Drug Trafficking Law: Manufacturing Methamphetamine
A Maine drug trafficking attorney must sometimes deal with the most fundamental question: is this actually drug trafficking? In cases where the defendant is charged with manufacturing methamphetamine or synthesizing other drugs, this can be the key issue.
Until recently, Maine drug trafficking law allowed a conviction if the defendant started a process which could lead to production of a scheduled drug. Now, Maine’s Supreme Court has held that trafficking by manufacturing requires proof the end product was produced.
[Read more…]
February 1, 2014 By Leave a Comment
Federal Drug Trafficking: Minimum Sentence Reductions Proposed
The so called “Smarter Sentencing Act of 2013” was voted through the Senate Judiciary Committee on 1/30/14. You can read the text of the bill here. If it becomes law, the act will make some important changes to Federal Drug Trafficking sentencing by:
December 20, 2013 By Leave a Comment
Assault in Maine, Misdemeanor, Felony & Aggravated Assault Laws
Assault in Maine is normally a misdemeanor but prior convictions, injuries, use of a weapon and other factors can increase the crime to a felony or an aggravated assault. The class of crime and the sentences depend on the circumstances of the incident and what facts the prosecutor can prove.
While assault sounds simple, it’s actually a complicated crime to prove and to defend. There are always factual disputes about what really happened, witnesses are often intoxicated, and defenses like self-defense often apply. To understand Maine assault charges, you need to know a bit about the law. This article covers the following topics, use the links to jump to that section: [Read more…]
December 2, 2013 By Leave a Comment
Bail in Maine: Setting, Reducing & Violating Conditions of Release
There are no bail bonds in Maine
In Maine, almost all defendants arrested and charged with a new offense have a right to bail. Those who can bail out stand a much better chance of resolving their case in a favorable way. But having a right to bail does not mean that every defendant will be released pending trial. To understand how bail works in Maine, you need to know something about who sets bail, the different kinds of bail and what happens when conditions are violated. This article covers the following topics, use the links to jump to that section:
November 18, 2013 By Leave a Comment
Not Guilty Verdict: Defending a .20 Intoxilyzer 8000 OUI
This case started like many DUI or OUI cases in Maine. My client was driving home from a bar at around midnight. A Yarmouth, Maine Police officer saw his car driving too slow, watched the vehicle touch the yellow center line several times and noticed a brake light out. The officer stopped the car and had the driver perform field sobriety tests. The traffic stop and roadside tests were recorded on video. The officer saw clues of impairment on the tests and he arrested my client for OUI. The driver was taken to the station to do a breath test on an intoxilyzer 8000. His breath alcohol level tested at .20; the legal limit is .08. Because of the high test, a 2 day jail sentence was mandatory. We had a trial and the jury returned a not guilty verdict. [Read more…]
October 23, 2013 By Leave a Comment
Maine Criminal Code, Statutes, Laws & Rules of Criminal Procedure
The Maine criminal code is a collection of statutes passed by the state legislature. These laws make certain conduct illegal and specify penalties for the crimes. Reading the statute that defines a particular crime will give you some information, but won’t tell the whole story. To really understand how Maine’s criminal code works you need to know how statutes, case law, rules of procedure and rules of evidence interact to form what might be called Maine criminal law. This article addresses the following topics:
September 30, 2013 By Leave a Comment
Maine OUI Laws Explained: Penalties for DUI, OUI in Maine
Under Maine OUI Laws, “Operating Under the Influence” is the term used to describe DUI, DWI, impaired or drunk driving. Those charged with OUI in Maine need to understand what the laws actually say and what penalties are possible. This article will explain:
- How Maine OUI laws define the crime
- The minimum sentences for DUI or OUI
- Aggravating factors that increase the minimum sentences
- OUI alcohol and drug testing
- BMV license suspensions
- Other consequences of an OUI conviction
- Some of the ways a lawyer can help
You can click this link to see all my articles about Maine OUI Offenses.
September 25, 2013 By Leave a Comment
Driving With a Suspended License or OAS: Not Guilty Verdict
Under Maine law, driving with a suspended license is called Operating After Suspension or OAS. Many people think that these crimes are easy to prove and that it’s not worth hiring a lawyer for a suspended license case. I have handled hundreds of OAS cases and there are often defenses. Here’s the story of one case where my client was charged with driving on a suspended license and a bail violation. The prosecutor refused to dismiss and my client refused to plead guilty. If he was convicted, the judge had said he would send him to jail and, since he had a lengthy driving history, the Maine Bureau of Motor Vehicles would have revoked his license for three years as a habitual offender. We had a trial and the jury found my client not guilty. [Read more…]
July 3, 2013 By Leave a Comment
Ignition Interlock Device Now Shortens a 1st Maine OUI Suspension
The Maine Legislature has passed LD 1260. The law is effective from 12/1/13 on and it modifies Maine’s current Operating Under the Influence suspension scheme. The law increases the first offense OUI suspension period, but also allows for quicker license reinstatement if the driver gets an ignition interlock device installed. Such devices are connected to the car’s ignition system and require the driver to give a breath sample before starting the car. The law is a major change and it’s important to understand what it does and how it works. [Read more…]
