Citizens can generally refuse to talk to police or prosecutors, but the United State’s Attorney has figured a way around that. Federal prosecutors can serve people with a grand jury witness subpoena, a court order forcing them to appear in court to truthfully answer questions. This process is a way for prosecutors to build a case against their main targets, but it’s also one of the ways that people loosely connected to criminal activity end up charged with Federal crimes. The grand jury process is secret, confusing, and dangerous. A criminal defense attorney who understands that process can help limit the witnesses’ risk, and might even be able to secure the witness immunity. [Read more…]
April 23, 2013 By Leave a Comment
Extradition, Fugitive From Justice: Maine’s Process, Your Options
Extradition can mean a long ride in one of these
Extradition is not a criminal charge, it’s the way that a court in one state can hold a person as they await transportation to another place where they face criminal prosecution. Extradition proceedings put the defendant in a very difficult position: while the Maine Court has the authority to hold them in jail, it does not have jurisdiction over the charges that got the person in trouble. Still, the detained person has rights and Maine’s law requires that the state demanding extradition prove that extradition is appropriate.
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April 20, 2013 By Leave a Comment
Not guilty: Aggravated Criminal Trespass, Assault, Threatening
Dru Bloomfield via flickr
This is one of the strangest cases I’ve ever tried. My client faced charges of felony aggravated criminal trespass, assault and criminal threatening. The charges stemmed from a dispute with a neighbor and while the facts were odd, the victim seemed credible. My client maintained that he was not guilty and insisted on a trial. He was much more confident than me. In the end, the jury found him not guilty on all counts. [Read more…]
March 25, 2013 By Leave a Comment
Not Guilty: Assault On an Officer, Refusing to Submit to Arrest
HelenCobain via flickr
When an arrest goes wrong, the defendant is sometimes charged with assault on an officer and refusing to submit to arrest. These charges can be more serious than the original crimes of arrest. In Maine, assault on an officer is a felony and the maximum prison sentence is 5 years. In this case, my client was arrested for misdemeanor criminal threatening. When the police used unnecessary force, an officer ended up with a cut on his finger. My client ended up with a felony assault charge. The jury returned a not guilty verdict. [Read more…]
March 15, 2013 By Leave a Comment
Not Guilty Verdict: Felony Domestic Violence Terrorizing
Domestic violence terrorizing charges are taken very seriously in Maine. In this case, the District Attorney was demanding prison time, the victim cooperated with the prosecution and was willing to testify at trial. My client maintained his innocence and refused to plead guilty. We had a jury trial in York County Superior Court in Alfred, Maine and got a not guilty verdict. [Read more…]
March 12, 2013 By Leave a Comment
A Maine Criminal Defense Attorney’s Work: Defending Your Case
My name is Luke Rioux and I am a Criminal Defense Attorney based in Portland, Maine. I work in the State and Federal courts of Cumberland, York and Androscoggin Counties. Criminal defense is all I do and that means that I am a specialist attorney who knows the prosecutors, the judges, the rules and the law. A Criminal defense lawyer is your advocate, educator and representative. That requires doing a lot more than just going to trial. The following explains the phases of the criminal process and how your criminal attorney will help.
February 28, 2013 By Leave a Comment
Felony Theft Would Require Larger Amounts Under Proposed Maine Law
Maine’s Criminal Statute Factory
Senator Roger Katz is sponsoring a bill before the 126th session of the Maine Legislature. The proposed law would increase the dollar amount of stolen property for felony theft charges. The bill is LD 366 “An Act To Adjust the Values of Property That Define the Class of Crime for Theft Offenses”. If it passes, it will fundamentally change the way theft cases are prosecuted in Maine Courts.
February 7, 2013 By 1 Comment
Criminal Speeding in Maine: Defenses, Definitions and Sentences
Criminal Speeding in Maine is no joke. Courts take these cases very seriously and judges do not hesitate to impose jail sentences for serious violations. Pleading guilty will trigger large fines, a mandatory license suspension and possible jail time. These cases can seem pretty open and shut. Though the statutes are designed to favor the police and their radar gun, there are defenses, some that don’t have anything to do with the speed the car was traveling. [Read more…]
