Maine law allows particularly harsh penalties for Domestic Violence Assault. Still, the state must prove the case beyond all reasonable doubt before a person can be convicted. So what does the State need to prove, and what makes these cases different from any other type of assault charge?
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December 7, 2012 By Leave a Comment
Domestic Violence Assault in Maine: Definitions, Sentences, Defenses
December 4, 2012 By Leave a Comment
Maine OUI Laws: DUI Definitions, Penalties & License Suspensions
Highway Patrol Images via filckr
Under Maine OUI Laws, “Operating Under the Influence” is the term used to describe DUI, DWI, impaired or drunk driving. Those charged with OUI need to understand what the law actually say and what penalties are possible under Maine statutes. In this article, I’ll explain how Maine OUI laws define the crime, the minimum sentences for OUI the aggravating factors that can increase the minimum sentences and some of the ways that a lawyer can help. You can click this link to see all my articles about Maine OUI Offenses. [Read more…]
December 4, 2012 By Leave a Comment
Drug Possession Charges: Misdemeanors, Felonies and Penalties
As a Maine drug possession attorney, I get a lot of questions about the elements of drug possession, the severity of the charge and the possible sentences. Drug possession in Maine can be a misdemeanor with a fine only, or a felony with a possible sentence of up to 10 years in prison. It all depends on the kind of drug, the amount possessed and the defendant’s prior drug convictions. Use these links to skip to a section below:
December 3, 2012 By Leave a Comment
Burglary Charges. No Theft Needed: Definitions, Sentences and Defenses
When you think of burglary, you normally think of someone breaking into a structure and stealing stuff from inside and that’s the most common fact pattern that leads to these charges. But a lot of people don’t understand that theft is not an element of the crime. [Read more…]
December 2, 2012 By Leave a Comment
Prostitution Charges in Maine: Definitions, Sentences and Defenses
Maine’s Prostitution Law is found in title 17-A, Chapter 35. The statutes there prohibit “Engaging in Prostitution,” Engaging a Prostitute” “Promotion of Prostitution” and “Aggravated Promotion of Prostitution.” Only aggravated promotion of prostitution can be charged as a felony; the remaining charges are misdemeanors. [UPDATE: See below. Promotion of prostitution has been subsumed by Maine’s Sex Trafficking Law]. While the penalties are often minor, the stigma of being charged is often the most significant sanction. [Read more…]
December 1, 2012 By Leave a Comment
Drug Trafficking Charges in Maine: What is Trafficking?
You might be surprised to learn that in Maine, many Drug Trafficking cases are charged where no one was actually caught selling drugs. One common scenario is that police search a person or vehicle, often after using drug dogs to get probable cause, they then find drugs that they believe were intended for trafficking. The case is then submitted to the Prosecutor and, in York, Cumberland, Androscoggin, and most other Southern Maine Counties, these cases will be approved for Felony Drug Trafficking Charges. Click this link for information about Drug Possession Charges.
November 30, 2012 By Leave a Comment
Operating After Suspension or Habitual Offender Revocation Charges in Maine
In Maine, it’s easy to get charged with Operating After Suspension or OAS. There are a lot of ways to get suspended and the State Does a lousy job of notifying people of the suspension. Still, the penalties are very real: Large fines are mandatory and jail time must be imposed in more serious cases. Even if there is no court imposed suspension, the Bureau of Motor Vehicles will suspend your license again if you plead guilty. [Read more…]
November 30, 2012 By Leave a Comment
OUI Charges and the Defenses an Attorney Can Raise
From my office in Portland, I see a lot of OUI or Operating Under the Influence cases. Many folks think that it’s not worth hiring an OUI Defense Attorney since these cases are easy to prove, but that’s not always true. There are a lot of potential problems with any case and a person never knows what defenses are possible until an experienced OUI lawyer reviews the evidence. Every case has some defense. This article will cover some of the legal issues that a defense attorney can raise. Click the following link for information on the elements of OUI in Maine and the possible sentences. You can click this link to review all of my articles about OUI Defense. This post covers the following topics and you can click a link to jump to that section: [Read more…]
