Passing a stopped school bus might not seem like a big deal, but rest assured that Maine Prosecutors and Courts take these violations very seriously. The offense is a misdemeanor criminal charge and penalties include mandatory fines and license suspensions. Most of these violations don’t involve reckless driving, but a moment of distraction in a parking area, confusion from conflicting signals, or an even an error by the bus driver. The good news is that the law is quite specific and there are defenses. [Read more…]
January 15, 2013 By Leave a Comment
Portland District Attorney’s Office: Police Departments and DA Teams
In Cumberland County Maine, the criminal court is organized as a “Unified Criminal Docket.” This means that the District and Superior Courts are now unified into one Court that handles all criminal cases. Before unification, the DAs were assigned to prosecute either misdemeanors in district court or felonies in superior court; when the Court reorganized, it forced the District Attorney’s Office to restructure. Today, Assistant District Attorneys are assigned to color coded teams which are each responsable for covering all cases submitted by a particular group of law enforcement agencies. [Read more…]
January 4, 2013 By Leave a Comment
Aggravated Drug Trafficking: Maine Law and Mandatory Minimum Sentences
I have written before about how Maine laws define drug trafficking. When that trafficking involves a large amount of drugs, or some other aggravating factor, the crime is elevated to “Aggravated Trafficking in Scheduled Drugs.” That charge forces the judge to impose a mandatory minimum prison sentence but also increases the maximum sentence for the crime. This article discusses how the law works, the sentences involved and the facts the prosecution can allege to enhance drug trafficking to the aggravated crime. There is also a bit of information about Federal drug trafficking charges. Use the links below to navigate to a particular section of the article: [Read more…]
December 20, 2012 By Leave a Comment
Misdemeanor Charges? In Maine You Might Never Need to go to Court
Maine’s criminal rules allow many defendants facing misdemeanor charges to avoid ever setting foot in a courtroom if they hire a Criminal Defense Attorney. These procedures are available to anyone but can be especially useful for clients who live outside of the state and have misdemeanor charges pending in Maine courts. This applies to most driving charges such as operating under the influence, operating after suspension, and any other misdemeanor such as drug possession and domestic violence assault. [Read more…]
December 13, 2012 By Leave a Comment
Guide to Criminal Sentencing for Maine Misdemeanor and Felony Charges
Maine criminal law classifies offenses into class A, B and C felonies and class D and E misdemeanors. The maximum sentence is determined by the class of crime. Our state has relatively few mandatory minimum penalties and there are no rigid sentencing guidelines to dictate the range of sentences. Judges in Maine have a lot of discretion to set the appropriate sentence and that means it’s possible to get a good sentence even if there are no good defenses. This article will discuss the sentencing system in general. Articles on specific crimes are linked throughout and those cover sentencing issues particular to that crime.
December 12, 2012 By Leave a Comment
Guide to Maine Misdemeanor Charges where Probation is Authorized
Probation is not generally available for Class D or E misdemeanor charges in Maine. However, the statute does allow probation for a limited number of misdemeanor crimes. The following is a list of of those crimes with links to the relevant statutes. For more information about Criminal Sentencing in Maine, click the link. [Read more…]
December 7, 2012 By 2 Comments
Federal Firearm Prohibition: Gun Ban for Felonies, Misdemeanors, More
Many people understand that felons can’t possess guns because they are subject to a federal firearms prohibition. What most do not realize is that federal gun laws make it a crime for many others, even those with no criminal convictions, to possess firearms. This article will address these issues and explain who is prohibited from doing what. You can use the links below to jump to a specific section of the article. [Read more…]
