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We will get in touch with you shortly. - [Maine Vehicular Homicide Defense Attorneys](https://www.notguiltyattorneys.com/maine-vehicular-homicide-defense-attorneys/): Facing vehicular homicide charges in Maine? A single mistake can alter your life. Get guidance from The Maine Criminal Defense Group now. - [Maine Drugged Driving Defense Attorneys](https://www.notguiltyattorneys.com/maine-drugged-driving-attorney/): Driving Under the Influence of drugs describes a state of intoxication which is criminal in Maine with heavy consequences. 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Learn the top errors to avoid during an OUI stop, arrest, or trial to protect your rights and avoid penalties. - [Maine Theft By Unauthorized Taking or Transfer Defense Attorneys](https://www.notguiltyattorneys.com/maine-theft-by-unauthorized-taking-transfer-attorney/): Facing charges for Theft by Unauthorized Taking in Maine? Our legal experts provide strong defense and guidance. Contact us. - [Maine Federal Weapons Charges Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-weapon-charges-attorney/): Facing federal weapons charges in Maine? Call our tenacious attorneys to navigate the complexities of federal law, advocating for your rights. - [Maine Prescription Fraud Defense Attorneys](https://www.notguiltyattorneys.com/maine-prescription-fraud-attorney/): Prescription fraud is a felony offense in Maine, and the penalties are up to five years in prison and hefty fines. Contact us for help now! - [Maine Marijuana Cultivation Defense Attorneys](https://www.notguiltyattorneys.com/maine-marijuana-cultivation-attorney/): We understand the intricacies of defending against marijuana cultivation charges in Maine & are dedicated to protecting your rights. Call us. - [Maine Drug Possession Defense Attorneys](https://www.notguiltyattorneys.com/maine-drug-possession-attorney/): In Maine, Intentional or knowing possession of a scheduled drug or controlled substance is a crime and can have severe penalties. Call now. - [Maine Drug Crimes Defense Attorneys](https://www.notguiltyattorneys.com/maine-drug-crime-attorneys/): If you have been accused of any type of drug crime in Southern Maine, you need a skilled defense attorney to protect your rights. Call us now. - [Maine Rape Defense Attorneys](https://www.notguiltyattorneys.com/maine-rape-defense-attorney/): Expert defense for rape accusations in Maine. Trust our experienced legal team for aggressive advocacy for your rights. Contact us immediately - [Maine OUI License Suspensions Attorneys](https://www.notguiltyattorneys.com/maine-oui-license-suspensions-attorneys/): If your license was suspended in Maine due to an OUI with prior suspended license convictions, you will be facing heavy penalties. Call us! - [Maine BMV OUI Hearing Defense Attorneys](https://www.notguiltyattorneys.com/maine-bmv-oui-hearing-attorney/): When charged with an OUI in Maine, your license will be suspended by the DMV. It's important to contact an OUI lawyer immediately. - [Maine Juvenile OUI Defense Attorneys](https://www.notguiltyattorneys.com/maine-juvenile-oui-dui-attorney/): Your child facing a juvenile OUI charge in Maine? Trust our tenacious attorneys to protect your child's future. Get expert legal guidance now. - [Maine OUI Accident Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-accident-attorney/): Facing an OUI accident charge in Maine? Trust our skilled OUI accident defense attorneys to protect your rights. Contact us today! - [Maine OUI Commercial Driver's License Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-commercial-drivers-license-attorney/): In Maine, if you're operating a vehicle with a CDL and a BAC of .08% or more, you're guilty of a criminal offense known as an OUI. Call now. - [Maine OUI Fatality Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-fatality-attorney/): Maine prohibits consuming alcohol and then getting behind the wheel of a vehicle and an OUI manslaughter charge can carry heavy penalties. - [Maine Hit and Run Defense Attorneys](https://www.notguiltyattorneys.com/maine-hit-and-run-defense-attorneys/): If you're accused of a hit and run accident, contact our Maine defense Attorneys. Delays could result in severe legal consequences. Call us. - [Maine OUI Injury Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-injury-attorney/): In Maine an OUI can be stressful, but if you are involved in a drunk driving accident where injuries occurred, the consequences can be dire. - [Terms of Use](https://www.notguiltyattorneys.com/terms-of-use/): The information provided in these pages is not legal advice, and should not be relied on as such. The content... - [Maine Indecent Exposure Defense Attorneys](https://www.notguiltyattorneys.com/maine-indecent-exposure-attorney/): A conviction for indecent exposure in Maine can lead to penalties such as community service, probation, and court-ordered counseling. - [Maine Child Pornography Defense Attorneys](https://www.notguiltyattorneys.com/maine-child-pornography-attorney/): If you've been accused of possessing & distributing child pornography in Maine, it's in your best interests to talk to a criminal lawyer. - [The Domestic Violence Process in Maine](https://www.notguiltyattorneys.com/maine-domestic-violence-process/): The Maine Criminal Defense Group understands the domestic violence process from from the beginning to end, including fines, jail & penalties. - [Maine Shoplifting Defense Attorney](https://www.notguiltyattorneys.com/maine-shoplifting-attorney/): The weight of the consequences for a shoplifting conviction in Maine is determined in part by the value of the property or item shoplifted. - [Maine OUI Felony Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-felony-attorney/): A third OUI offenses is a class B crime and considered a felony in Maine. Contact our criminal defense team to learn about your rights. - [Sale and Use of Drug Paraphernalia in Maine](https://www.notguiltyattorneys.com/sale-and-use-of-drug-paraphernalia-in-maine/): If you sell or furnish drug paraphernalia to another person, in Maine, that's a criminal offense. Learn more from an experienced legal team. - [Maine Snowmobile OUI Defense Attorneys](https://www.notguiltyattorneys.com/maine-snowmobile-atv-oui-dui-defense-attorneys/): Snowmobiles, quads, & other ATVs are subject to the same OUI / DUI rules in Maine as drivers ares subject to when operating a car or truck. - [Maine Driving on a Suspended License Defense Attorneys](https://www.notguiltyattorneys.com/maine-operating-after-license-suspension-attorney/): In Maine, driving on a suspended or revoked license is a class E crime with a first offense fine of $250 to $1,000 & up to 6-months in jail. - [Maine OUI Child Endangerment Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-child-endangerment-attorney/): There are harsh penalties for OUI child endangerment in Maine and if caught, can be arrested on the spot. Call us now. - [Why Hire William T. Bly?](https://www.notguiltyattorneys.com/why-hire-william-t-bly/): William T Bly: Experienced Litigator at The Maine Criminal Defense Group Over 54,000 people were arrested, summoned or cited by... - [Maine Drug Trafficking Defense Attorneys](https://www.notguiltyattorneys.com/maine-drug-trafficking-defense-attorney/): Maine's drug trafficking encompasses selling drugs, giving them away, trading them, or moving drugs in possession in order to sell. - [Maine Robbery Defense Attorneys](https://www.notguiltyattorneys.com/maine-robbery-defense-attorney/): Robbery Charges in Maine are when attempts to take property through threatening force or actual use of force against another person. - [Maine Reckless Conduct with a Deadly Weapon Attorneys](https://www.notguiltyattorneys.com/maine-reckless-conduct-deadly-weapon-attorney/): In Maine we strive to defend people against allegations of reckless conduct with a deadly weapon. Contact us to learn more about your rights. - [Maine White Collar Crimes Defense Attorneys](https://www.notguiltyattorneys.com/maine-white-collar-crime-attorney/): In Maine white collar crimes generally encompass a variety of nonviolent crimes usually committed for financial gain. Call us for help now. - [Maine Driving Without a License Defense Attorneys](https://www.notguiltyattorneys.com/maine-driving-without-a-license-defense-attorneys/): Maine prohibits driving without a license or driving with a suspended license and can carry fines & possible jail time. Call us for help now. - [Client Portal & Payment Information](https://www.notguiltyattorneys.com/client-portal-payment-information/): Please select the invoice type you wish to pay, where you will be directed away from the website to LawPay’s... - [Privacy Policy](https://www.notguiltyattorneys.com/privacy-policy/): Our law firm recognizes and respects your privacy. We want you to make the most of this Web site and... - [Maine Theft By Receiving Stolen Property Attorneys](https://www.notguiltyattorneys.com/maine-theft-by-receiving-stolen-property-attorney/): Accused of theft by receiving stolen property in Maine? Trust our experienced criminal defense team & contact us for expert guidance. - [Maine Statutory Rape Defense Attorneys](https://www.notguiltyattorneys.com/maine-statutory-rape-defense-attorney/): Charged with statutory rape in Maine? The age of consent is 16, and sex with a minor under 16 can lead to serious penalties. Get help now. - [Maine Boating Under the Influence Defense Attorneys](https://www.notguiltyattorneys.com/maine-boating-oui-dui-attorney/): In Maine it is important to obey safety when boating. For Maine, the BAC for boating is .08 percent, the same as it is for an OUI. Call now! - [Maine Weapon Crimes Defense Attorneys](https://www.notguiltyattorneys.com/maine-weapon-charges-defense-attorney/): A weapon charge is a serious crime in Maine. The Maine Criminal Defense Group are experts in defending gun & weapons charges. Call us. - [Registering as a Sex Offender in Maine](https://www.notguiltyattorneys.com/registering-as-a-sex-offender-in-maine/): How to navigate Maine's sex offender registration process. Trust our team to protect your rights if you've been charged with violating SORNA. - [Maine Juvenile Crime Offense Attorneys](https://www.notguiltyattorneys.com/maine-juvenile-offense-attorney/): The Maine juvenile courts are designed to both adjudicate criminal cases involving children, while protecting your child's privacy & rights. - [Maine's Implied Consent Laws](https://www.notguiltyattorneys.com/maine-implied-consent-laws/): Maine's implied consent means agreeing to a chemical test if there is probable cause. Refusal of testing will result in a license suspension. - [Maine Probation Violation Defense Attorneys](https://www.notguiltyattorneys.com/maine-probation-violation-attorney/): If probation is violated during the period of probation in Maine, the court may sentence that person for the crime and revoke probation. - [Title-12 Charges: Fishing, Game, Boating & ATV Laws in Maine](https://www.notguiltyattorneys.com/maine-title-12-attorney/): Facing Title-12 charges in Maine? Our law firm offers expert defenses against fishing, game, boating & ATV-related charges. Contact us today. - [Maine Violent Crimes Defense Attorneys](https://www.notguiltyattorneys.com/maine-violent-crimes-defense-attorney/): Violent crimes in Maine are taken very seriously by law enforcement and can carry heavy penalties with the potential for long jail sentences. - [Maine Federal Criminal Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-criminal-defense-attorney/): Being charged with a federal crime in Maine is a very serious, life changing experience. Let our experienced legal team fight for you. - [Maine Theft Crimes Defense Attorneys](https://www.notguiltyattorneys.com/maine-theft-attorney/): Theft crimes in Maine are categorized by class, stolen item value, intent of the perpetrator, & how the crime was committed. Call us now. - [Maine Murder Defense Attorneys](https://www.notguiltyattorneys.com/maine-murder-defense-attorney/): If you have been accused of murder in Maine, call our office immediately. A murder offense is the most serious crime that a person can face. - [Maine Night Hunting Defense Attorneys](https://www.notguiltyattorneys.com/maine-night-hunting-attorney/): Protect your rights against night hunting charges in Maine. We understand the intricacies of state hunting laws, providing a robust defense. - [Maine Drivers License Defense Attorneys](https://www.notguiltyattorneys.com/maine-drivers-license-defense-attorney/): Driving on a suspended license, conditional licenses, driving without a license are common license issues in Maine we can help with. Call us. - [Maine Rape of a Minor Defense Attorneys](https://www.notguiltyattorneys.com/rape-of-a-minor-in-maine/): Experienced legal representation in Maine for accusations of minor rape. Get trusted defense for sensitive cases. Contact us for guidance. - [Federal Sentencing Guidelines](https://www.notguiltyattorneys.com/federal-sentencing-guidelines/): If you've been charged with a federal criminal offense, don't just hire any attorney. Call William Bly at The Maine Criminal Defense Group. - [Types of OUI Charges in Maine](https://www.notguiltyattorneys.com/types-of-oui-dui-charges-in-maine/): Explore the various types of OUI charges in Maine and the implications of each impaired driving charge in our comprehensive article. - [Maine Stalking & Harassment Defense Attorneys](https://www.notguiltyattorneys.com/maine-stalking-defense-attorney/): A guilty stalking or harassment charge in Maine are serious. We recommend consulting an experienced criminal lawyer. Call us now. - [Maine Reckless Driving Defense Attorneys](https://www.notguiltyattorneys.com/maine-reckless-driving-attorney/): In Maine, reckless driving (driving to endanger) convictions can result in some serious consequences and heavy penalties. Call us today! - [Maine Burglary Defense Attorneys](https://www.notguiltyattorneys.com/maine-burglary-defense-attorney/): Allegations of robbery are very serious, and the state of Maine is likely to vigorously pursue a conviction. Avoid jail time. Call us today! - [OUI Aggravating Factors in Maine](https://www.notguiltyattorneys.com/maine-dui-aggravating-factors/): Maine law states certain factors are classed as aggravating the OUI offense, making it all the more serious and increasing penalties. - [Maine Criminal Speeding Defense Attorneys](https://www.notguiltyattorneys.com/maine-criminal-speeding-attorney/): If you're facing criminal speeding charges anywhere in Maine our dedicated attorneys are here to protect your rights. Contact us now. - [Maine Kidnapping Defense Attorneys](https://www.notguiltyattorneys.com/maine-kidnapping-attorney/): Kidnapping in Maine has harsh penalties and, if charged, remains a serious problem with life changing consequences if convicted. Call us. - [Maine Assault Defense Attorneys](https://www.notguiltyattorneys.com/maine-assault-defense-attorney/): Our experienced team provides expert defense against assault charges in Maine. We'll protect your rights navigating the legal complexities. - [Maine Marijuana & Minors Defense Attorneys](https://www.notguiltyattorneys.com/maine-marijuana-minors-defense-attorneys/): Maine has legalized marijuana for both medicinal and recreational use but that does not mean that it's legal minors or teens to consume. - [Maine Domestic Violence Criminal Threatening Attorneys](https://www.notguiltyattorneys.com/maine-domestic-violence-criminal-threatening-attorney/): In Maine, if a person threatens anyone within their household, then they can face the serious charge of criminal threatening. Call us now. - [Maine Sex Crimes FAQ's](https://www.notguiltyattorneys.com/maine-sex-crimes-frequently-asked-questions/): Explore our frequently asked questions to understand Maine's sex crime laws, potential defenses, & penalties. Call us to protect your rights. - [Maine Federal Bank Robbery Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-bank-robbery-attorney/): Federal government takes bank robbery seriously. Incarceration in a federal prison can range from 10 to 25 years with hefty fines. call now! - [Maine Federal Drug Distribution Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-drug-distribution-attorney/): Drug distribution or drug trafficking & illegal import of drugs is a serious federal crime. Speak with Maine criminal defense lawyer now! - [Maine Federal Drug Possession Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-drug-possession-attorney/): Facing federal drug possession charges? Protect your future with an experienced Maine criminal attorney. Don't let a conviction derail you. - [Maine Domestic Violence Terrorizing Defense Attorneys](https://www.notguiltyattorneys.com/maine-domestic-violence-terrorizing-attorney/): Terrorizing is a serious charge in Maine. Any charges of domestic violence carry the real possibility of jail time & lengthy probation. - [Maine Domestic Violence Reckless Conduct Attorneys](https://www.notguiltyattorneys.com/maine-reckless-conduct-defense-attorney/): We'll help you get fair representation for the serious charge of domestic violence reckless conduct in Maine. Request a consultation now. - [Maine Theft by Deception Defense Attorneys](https://www.notguiltyattorneys.com/maine-theft-by-deception-attorney/): Even though the basic idea of theft is simple, there are lots of different laws regarding theft. This is largely... - [Maine Snowmobile Violation Defense Attorneys](https://www.notguiltyattorneys.com/maine-snowmobile-violation-attorneys/): Snowmobiles are subject to many strict conditions under Maine law. Talk to an experience criminal defense lawyer about your rights today. - [Maine Criminal Trespass Defense Attorneys](https://www.notguiltyattorneys.com/maine-criminal-trespass-attorney/): In Maine, criminal trespass is when a person enters or remain in or on another's dwelling, house, building, boat, wharf, or pier without any legal authority. - [Maine Shoplifting FAQ](https://www.notguiltyattorneys.com/maine-theft-attorney/shoplifting-faq/): Shoplifting is a surprisingly common criminal allegation that you can face in the Portland area. Just because it is common,... - [Maine Marijuana OUI Defense Attorneys](https://www.notguiltyattorneys.com/maine-marijuana-oui-attorney/): Maine's OUI charges apply not only to alcohol but to all other intoxicants including marijuana that can carry heavy penalties. Call us. - [Maine Federal Kidnapping Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-kidnapping-defense-attorney/): If you're facing federal kidnapping charges in Maine, Trust us for expert legal guidance and our dedicated federal criminal defense strategy. - [Maine Aggravated Assault Defense Attorney](https://www.notguiltyattorneys.com/maine-aggravated-assault-attorney/): Have you been charged with Aggravated Assault in Maine? You need a tenacious aggravated assault lawyer who can fight for your rights. - [Maine Criminal Mischief Defense Attorneys](https://www.notguiltyattorneys.com/maine-criminal-mischief-attorney/): Criminal mischief is not the most seriousoffence, but our Maine lawyer's can make a difference in the outcome of your case. Call us. - [Maine Property Crime Defense Attorneys](https://www.notguiltyattorneys.com/maine-property-crime-defense-attorney/): Have you been accused of theft or property crime in Maine? Contact Maine Criminal Defense Group to speak with an experienced lawyer today. - [Maine Civil Violation Defense](https://www.notguiltyattorneys.com/maine-civil-offenses-attorney/): We are recognized throughout Maine as a pre-eminent civil violation defense firm that provides quality counsel & representation. Call us. - [Maine Federal Murder Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-murder-defense-attorney/): If you're facing federal murder charges turn to The Maine Criminal Defense Group. Our strategic defenses prioritize your freedom. Call us! - [Maine OUI Manslaughter Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-manslaughter-attorney/): Recovering from an OUI manslaughter charge in Maine. Our highly tenacious team can help you navigate the best path forward. Call us. - [Maine Arson Defense Attorneys](https://www.notguiltyattorneys.com/maine-arson-defense-attorney/): Arson is the act of intentionally, or recklessly, causing a fire or explosion damaging property. If you've been charged with Arson, call us. - [Maine Manslaughter Defense Attorneys](https://www.notguiltyattorneys.com/maine-manslaughter-defense-attorney/): In Maine, a driver that kills another person due to negligence, drugs or an OUI may face manslaughter or even heavy murder charges. Call us. - [Maine Fishing Regulation Defense Attorneys](https://www.notguiltyattorneys.com/maine-fishing-regulation-attorney/): Navigate Maine's fishing regulations with the help of our attorneys who offer robust defense for anglers facing legal challenges. - [Maine Poaching Defense Attorneys](https://www.notguiltyattorneys.com/maine-poaching-attorney/): Worried you could be charged with a poaching violation? The tenacious legal team at The Maine Criminal Defense Group can help. - [William H. Ashe](https://www.notguiltyattorneys.com/profiles/william-h-ashe/): William H. Ashe In 2018, Attorney Ashe joined Maine Criminal Defense Group as Of Counsel. In his capacity as Of... - [Our Legal Team](https://www.notguiltyattorneys.com/profiles/): Maine Criminal Defense Legal Team We are knowledgeable and compassionate and will work to help you get results that you... - [Contact Us](https://www.notguiltyattorneys.com/contact-us/): Contact The Maine Criminal Defense Group Watch Our Team Video Ready to Get Started? Contact Our Firm Today! If you... - [Home](https://www.notguiltyattorneys.com/): The Maine Criminal Defense Group provides skilled representation for OUI / DUI's and all criminal defense cases, to protect your rights. - [Maine Federal Child Pornography Defense Attorneys](https://www.notguiltyattorneys.com/maine-federal-child-pornography-attorney/): Contact us to schedule an appointment with The Maine Criminal Defense Group to discuss your federal child pornography charges. --- ## Posts - [Sealing of a Criminal Conviction in Maine](https://www.notguiltyattorneys.com/sealing-maine-criminal-conviction/): Sealing a criminal conviction in Maine can protect your future. Learn who qualifies, how the process works, and why a skilled attorney makes it easier to succeed. - [OUI Driving Patterns Officers Look for as Signs of Intoxication](https://www.notguiltyattorneys.com/oui-driving-patterns-signs-of-intoxication/): Learn the common driving patterns Maine officers use to detect OUI. Know what triggers a stop and how to challenge evidence in OUI/DUI cases. - [Unauthorized Dissemination of Private Images in Maine](https://www.notguiltyattorneys.com/unauthorized-dissemination-of-private-images-in-maine/): Accused of sharing private images in Maine? Learn the penalties, legal options, and how a defense attorney can help protect your future. - [Statutory Rape Laws and Age of Consent in Maine](https://www.notguiltyattorneys.com/statutory-rape-laws-and-age-of-consent-in-maine/): Learn about statutory rape laws and age of consent in Maine. If you've been accused, understand the charges, penalties, and defense options. - [Albion Man Indicted on 11 Counts of Child Sex Crimes in Kennebec County](https://www.notguiltyattorneys.com/albion-man-indicted-11-counts-child-sex-crimes-kennebec-county/): Albion man faces 11 child sex crime charges in Kennebec County. Trial underway in Augusta for alleged sexual assault, contact, and exploitation. - [Best Defense Strategy for Combating a Domestic Violence Charge](https://www.notguiltyattorneys.com/best-defense-strategy-for-combating-maine-domestic-violence-charge/): Charged with domestic violence? Learn effective defense strategies & how The Maine Criminal Defense Group can help protect your rights. - [Sexual Exploitation of a Minor Laws in Maine](https://www.notguiltyattorneys.com/maine-sexual-exploitation-of-minor-laws/): Charged with sexual exploitation of a minor in Maine? Learn the law, penalties, and how a defense attorney can help protect your rights. - [How Can I Defend Against a Maine Sexual Assault Charge?](https://www.notguiltyattorneys.com/how-to-defend-against-maine-sexual-assault-charge/): Learn how to defend against Maine sexual assault charges, challenge false accusations, and protect your rights with our defense attorneys. - [Maine Criminal Drug Charge Sentencing](https://www.notguiltyattorneys.com/maine-criminal-drug-charge-sentencing/): Facing a criminal drug charge in Maine? Sentencing varies by offense but penalties can include fines, jail time, & felony records. Learn more. - [What to Expect After a Child Pornography Charge](https://www.notguiltyattorneys.com/what-to-expect-after-a-child-pornography-charge/): Charged with child pornography in Maine? Learn what to expect next and how a skilled defense lawyer can help protect your rights. Call us. - [Solicitation of a Minor Laws in Maine](https://www.notguiltyattorneys.com/maine-solicitation-of-a-minor-laws/): Charged or accused of solicitation of a minor in Maine? Our attorneys have the skills to protect your rights. Call now for a strong defense. - [How a Domestic Violence Conviction Can Affect Your Life](https://www.notguiltyattorneys.com/how-a-domestic-violence-conviction-can-affect-your-life/): A Maine domestic violence conviction can impact your career, custody rights, gun ownership, & freedom. Learn how we can protect your future. - [Skowhegan Woman Charged with OUI After Head-On Collision with Maine DOT Plow Truck](https://www.notguiltyattorneys.com/skowhegan-maine-woman-charged-with-oui-after-head-on-collision/): A Skowhegan woman faces OUI charges after a head-on crash with a Maine DOT plow truck on Route 2. Learn about the local OUI incident. - [What Does "Suspended Sentence" Mean in Maine?](https://www.notguiltyattorneys.com/what-does-suspended-sentence-mean-in-maine/): Learn what a "suspended sentence" means in Maine, including how a judge can reduce or delay incarceration based on various factors and conditions. - [Can I Get Domestic Violence Charges Dropped in Maine?](https://www.notguiltyattorneys.com/how-to-get-domestic-violence-charges-dropped-maine/): In Maine, domestic violence charges aren’t easily dropped, even if the accuser recants. Learn how a Maine criminal lawyer can help. - [What Is Failure to Appear in Maine?](https://www.notguiltyattorneys.com/failure-to-appear-maine/): Failure to appear in Maine is a serious offense, seen as a court order breach, leading to harsh penalties & other criminal charges. Call us. - [Maine Woman Charged in Deadly Crash Killing Four Students Agrees to New Plea Deal](https://www.notguiltyattorneys.com/maine-woman-charged-deadly-crash-killing-four-students-new-plea-deal/): The Maine Criminal Defense Group's, William Bly's skillful representation, allowed Tavares to avoid a life-altering felony conviction. - [Maine Harassment Laws: What You Need to Know](https://www.notguiltyattorneys.com/maine-harassment-laws/): Learn about Maine harassment laws, including sexual harassment and other forms of abuse, in workplaces and beyond. Know your rights. - [Maine's DEEP Program](https://www.notguiltyattorneys.com/maine-deep-programs-questions-answers/): Maine's DEEP Program, the state-approved course for OUI offenders, focuses on preventing repeat offenses and promoting public safety. - [2nd DUI Offenses in Maine](https://www.notguiltyattorneys.com/2nd-oui-penalties-maine/): Facing a 2nd OUI in Maine? Expect harsher penalties. Learn what qualifies as a 2nd DUI offense and the potential consequences. Get help now. - [How to Beat an OUI Refusal in Maine](https://www.notguiltyattorneys.com/how-to-successfully-beat-an-oui-refusal-in-maine/): Learn how to beat an OUI refusal in Maine. With skilled legal defense, we can challenge the charge and potentially avoid severe penalties. - [Sexual Battery Laws in Maine](https://www.notguiltyattorneys.com/sexual-battery-laws-in-maine/): Learn about Maine's sexual battery laws, including definitions, consent, & penalties. Understand the consequences of a conviction for sexual assault. - [Do You Need a Lawyer for a Traffic Ticket in Maine?](https://www.notguiltyattorneys.com/do-you-need-a-lawyer-for-a-traffic-ticket-in-maine/): Facing a traffic ticket in Maine? A lawyer can help you avoid criminal charges, reduce penalties, & protect your record. Learn when legal help is necessary. - [Disorderly Conduct Charges in Maine](https://www.notguiltyattorneys.com/disorderly-conduct-charges-in-maine/): Disorderly conduct in Maine, even as a minor offense, can lead to a permanent criminal record. Learn about its consequences. Call for help. - [Assault on an Officer in Maine](https://www.notguiltyattorneys.com/assault-on-an-officer-in-maine/): Assault on an officer in Maine is an automatic felony, leading to severe penalties beyond the original charges. Learn more about this serious offense. - [Misdemeanor Crimes & Sentencing in Maine](https://www.notguiltyattorneys.com/maine-misdemeanor-crimes/): Learn about misdemeanor crimes in Maine, their penalties, and how sentencing works for these offenses under Maine's Criminal Code. - [Attorney Mikayla Martin Honored with Prestigious Rising Star Award by Super Lawyers](https://www.notguiltyattorneys.com/attorney-mikayla-martin-honored-by-super-lawyers/): Attorney Mikayla Martin, at The Maine Criminal Defense Group, has been honored with the Rising Star award by Super Lawyers - [Proposed Changes to Domestic Violence & Stalking Laws in Maine](https://www.notguiltyattorneys.com/proposed-changes-to-domestic-violence-stalking-laws-in-maine/): Maine is updating domestic violence & stalking laws to address legal gaps, clarify online threats, and balance victim protection with 1st Amendment rights. - [Getting your OUI reduced to a lesser charge in Maine](https://www.notguiltyattorneys.com/reduce-oui-to-lesser-charge-maine/): Find out how we can help get your OUI reduced to a lesser charge in Maine. Learn the legal strategies that can help your case. Call us now. - [Differences Between State and Federal Drug Crimes in Maine](https://www.notguiltyattorneys.com/differences-between-state-and-federal-drug-crimes-in-maine/): If you’re charged with a drug crime in Maine, it’s important to understand the jurisdiction, state or federal, that handles your case, understanding your rights. - [Prostitution and Solicitation Laws in Maine](https://www.notguiltyattorneys.com/prostitution-and-solicitation-laws-in-maine/): Both prostitution & solicitation are considered sex crimes in Maine. For tenacious representation, call us to protect your rights & freedom. - [Open Container Laws & Penalties in Maine](https://www.notguiltyattorneys.com/open-container-laws-penalties-in-maine/): The open container laws in Maine prohibit both drivers & passengers from consuming alcohol in motor vehicles. Learn about the rules. - [Domestic Violence Assault Penalties & Possible Defenses in Maine](https://www.notguiltyattorneys.com/domestic-violence-assault-penalties-defenses-maine/): Facing DV assault charges in Maine? Learn about domestic violence assault penalties & defenses our attorneys can use to protect your rights. - [1st Offense DUI in Maine](https://www.notguiltyattorneys.com/1st-oui-penalties-maine/): A first OUI / DUI in Maine can be scary and feel like your life is over. Call The Maine Criminal Defense Group to fight for your freedom. - [Nathaniel H. Hitchcock Promoted to Senior Attorney](https://www.notguiltyattorneys.com/nathaniel-h-hitchcock-promoted-to-senior-attorney/): We are pleased to announce that Attorney Nathaniel H. Hitchcock has been promoted to Senior Attorney at The Maine Criminal... - [Who Is a "Household Member" for Domestic Violence Laws in Maine?](https://www.notguiltyattorneys.com/who-is-a-household-member-for-domestic-violence-laws/): If you've been charged with domestic violence in the state of Maine, you need an experienced domestic violence defense attorney now! - [Violation of Privacy Laws in Maine](https://www.notguiltyattorneys.com/violation-of-privacy-laws-in-maine/): Please Note: We help defend those who have been accused of violating others privacy. We do not accept cases where... - [Can I Get a Protection From Abuse Order in Maine on Behalf of My Child?](https://www.notguiltyattorneys.com/can-i-get-a-protection-from-abuse-order-in-maine-on-behalf-of-my-child/): Learn how to obtain a Protection From Abuse Order in Maine to safeguard your child from an abuser. Essential for parents and guardians. - [How Convicted Felons Still Get Guns in Maine](https://www.notguiltyattorneys.com/how-convicted-felons-still-get-guns-in-maine/): Explore how convicted felons still access guns in Maine, despite legal restrictions. Uncover the reasons behind this issue. Learn more - [What If I Blow Under .08 on a DUI Breath Test in Maine?](https://www.notguiltyattorneys.com/what-if-i-blow-under-08-on-a-dui-breath-test-in-maine/): In Maine, a DUI breath test under .08 doesn't guarantee freedom. Learn the legal implications, rights, and obligations for an OUI. - [Self-Defense and Standing Your Ground in Maine](https://www.notguiltyattorneys.com/self-defense-and-standing-your-ground-in-maine/): Regarding self-defense laws in Maine, there's no specific "stand your ground" law. Understand when force can be justified using Maine Law. - [What If You Have Been Accused of a Crime in Maine?](https://www.notguiltyattorneys.com/what-if-you-have-been-accused-of-a-crime-in-maine/): For the best possible chance of avoiding a criminal conviction, call the Maine Criminal Defense Group for a tenacious defense. Call us! - [Protective Orders Vs Restraining Orders in Maine](https://www.notguiltyattorneys.com/protective-orders-vs-restraining-orders-in-maine/): Don’t risk a violation of a protective order in Maine. Find out what conditions and obligations are included in the order. Call us! - [Can You Enter Canada with an OUI on Your Record?](https://www.notguiltyattorneys.com/can-you-go-to-canada-with-oui/): A criminal conviction can have you turned away at the Canadian border, and with a Maine OUI you may still be denied entry. - [Can You Get Your Criminal Record Expunged in Maine?](https://www.notguiltyattorneys.com/can-you-get-your-criminal-record-expunged-in-maine/): A criminal record can affect many aspects from employment, accommodation opportunities, immigration status and travel. Call for help now. - [What is Illegal Search & Seizure for Drug Cases in Maine?](https://www.notguiltyattorneys.com/what-is-illegal-search-seizure-for-drug-cases-in-maine/): For individuals charged with drug crimes in Maine, the consequences can be dire unless an illegal search and seizure was performed. Call us. - [Obtain a Limited License or Work Permit After an OUI in Maine](https://www.notguiltyattorneys.com/can-i-obtain-a-limited-license-or-work-permit-after-an-oui-in-maine/): If you need legal assistance with an OUI charge or obtain a limited license, call The Maine Criminal Defense Group today. Call 207-571-8146 - [Theft of Services in Maine](https://www.notguiltyattorneys.com/theft-services-maine/): Keep in mind that just because you've been charged with a crime in Maine, such as a theft, that doesn't mean a conviction. Call us today! - [What Happens to Your License After an OUI at the BMV in Maine](https://www.notguiltyattorneys.com/what-happens-to-your-license-after-an-oui-at-the-bmv-in-maine/): If you are charged with OUI in Maine, your license will be suspended by the BMV within a few day of the arrest. Call an OUI expert today. - [How to Get Out of an OUI in Maine](https://www.notguiltyattorneys.com/how-to-get-out-of-an-oui-in-maine/): Your best chance to get out of an OUI & lifelong criminal record in Maine is to defend the charge with William Bly's help. Call now. - [Maine OUI/DUI Court Process](https://www.notguiltyattorneys.com/court-process-oui-maine/): Your best bet of escaping an OUI/DUI conviction & lifelong criminal record in Maine is to defend the charge with William Bly's help. Call us. - [Maine Man Arrested & Pleads Guilty on Child Exploitation Charges](https://www.notguiltyattorneys.com/maine-man-arrested-pleads-guilty-on-child-exploitation-charges/): Facing child exploitation charges? Trust our experienced criminal law firm to defend your rights. Learn about a recent case and resulting guilty plea. - [What Should I Do If I'm Falsely Accused of Domestic Violence?](https://www.notguiltyattorneys.com/what-to-do-when-falsely-accused-of-domestic-violence-in-maine/): Seek the assistance of The Maine Criminal Defense Group if you've been falsely accused of domestic violence to defend your freedom & rights. - [How long does an OUI stay on your record in Maine?](https://www.notguiltyattorneys.com/how-long-does-an-oui-stay-on-your-record/): Find expert legal counsel from William Bly in Maine. Discover how long an OUI stays on your record. Protect your future with our law firm. - [Rise in Sobriety Checkpoints & OUI Charges in Maine](https://www.notguiltyattorneys.com/rise-in-sobriety-checkpoints-oui-charges-in-maine/): Maine has seen an increase in sobriety checkpoints and OUI charges as part of its efforts to curb drunk driving. Call (207) 571-8146 - [Drug Crime Classifications in Maine](https://www.notguiltyattorneys.com/drug-classifications-in-maine/): Understanding drug crime classifications in Maine is essential in drug-related cases. Our law firm can help you navigate the legal process. - [Dealing with Sexual Exploitation of a Minor Charges in Maine](https://www.notguiltyattorneys.com/dealing-with-a-charge-of-sexual-exploitation-of-a-minor-in-maine/): If you're facing a charge of sexual exploitation of a minor in Maine, it's crucial to understand the legal process and your options. Call us. - [Is Pushing Considered Domestic Violence in Maine?](https://www.notguiltyattorneys.com/is-pushing-considered-domestic-violence-in-maine/): Get guidance on domestic violence laws. Our defense attorneys can answer the question, is pushing considered domestic violence in Maine. - [Why hire a Criminal Defense Lawyer in Maine](https://www.notguiltyattorneys.com/why-hire-maine-criminal-defense-lawyer/): Protect your rights and secure the best possible outcome in your criminal case by hiring a skilled criminal defense lawyer in Maine. - [DUI Checkpoint Laws and Expectations in Maine](https://www.notguiltyattorneys.com/sobriety-checkpoint-laws-and-expectations-in-maine/): Know your rights at DUI checkpoints in Maine. Learn what's legal, what to expect, & how a skilled OUI attorney can help protect your license. - [Bail Violations and your Rights to Bail in Maine](https://www.notguiltyattorneys.com/bail-violations-and-your-rights-to-bail-maine/): Bail in Maine is guaranteed to all persons charged with a criminal offense, except in specifically defined situations. To learn more call us. - [Maine Habitual Offender License Revocation Laws](https://www.notguiltyattorneys.com/understanding-habitual-offender-license-revocation-law-maine/): We explain the habitual offender license revocation law in Maine. If you are in a difficult position after loosing your license, call us. - [Maine Computer Crimes and the Laws](https://www.notguiltyattorneys.com/maine-computer-crimes-and-the-laws/): If you’ve been struck with a computer-based criminal charge, call the tenacious and experienced lawyers at The Maine Criminal Defense Group. - [Out-of-State Protection from Abuse Orders in Maine](https://www.notguiltyattorneys.com/out-of-state-protection-from-abuse-orders-in-maine/): Our Maine criminal lawyers are here to help non-residents and residents, carrying PFAs from out-of-state, have the tools they need. Call us. - [What is Considered a Felony OUI in Maine?](https://www.notguiltyattorneys.com/what-is-considered-a-felony-oui-in-maine/): We will cover the various types of felony OUI offenses in Maine, and then possible punishments you may face. Call William Bly to learn more. - [Serious Penalties Apply for Credit Card Fraud & Other Financial Crimes in Maine](https://www.notguiltyattorneys.com/serious-penalties-apply-for-credit-card-fraud-other-financial-crimes-in-maine/): Financial crimes can be among the most destructive to individual victims and to society as a whole. These crimes can... - [Penalties for Underage Drunk Driving and Drugged Driving in Maine](https://www.notguiltyattorneys.com/penalties-underage-drunk-driving-drugged-driving-maine/): Facing an underage OUI in Maine? Learn about the penalties for drunk and drugged driving charges if under 21. You have rights. Call us. - [OUI Conviction and the Affects on Your Insurance Premiums in Maine](https://www.notguiltyattorneys.com/oui-conviction-affects-your-insurance-premiums-maine/): Fines, driving suspension, and a criminal record may be the main punishments following an OUI in Maine, along with insurance premium changes. - [Key Details on Maine’s Sex Offender Registry & Other Related Issues](https://www.notguiltyattorneys.com/key-details-on-maines-sex-offender-registry-other-related-issues/): If you end up grappling with a conviction, you need someone who can guide you through the sex offender registration process. - [An Overview of Title IX Investigations & Related Issues](https://www.notguiltyattorneys.com/overview-title-ix-investigations-related-issues/): If you’ve been charged with a Title IX sexual assault or sexual misconduct, avoid panicking and contact The Maine Criminal Defense Group now. - [What Happens If You Have Been Charged with Assault in Maine?](https://www.notguiltyattorneys.com/what-happens-if-you-have-been-charged-with-assault-in-maine/): Assault can be charged as a misdemeanor or felony in Maine, as well as jail time, you will face severe consequences. Learn more. - [What Happens to Your CDL in Maine if You Get an OUI?](https://www.notguiltyattorneys.com/what-happens-to-your-cdl-in-maine-if-you-get-an-oui/): What happens to your commercial license if you get an OUI in Maine? Do you lose it? Will there be fines? Could you lose your job? Learn more. - [A Detailed Examination of Maine’s Protection Orders](https://www.notguiltyattorneys.com/detailed-examination-maines-protection-orders-related-issues/): We understand the processes involved with protection orders in Maine, so we can help you navigate these systems with positive outcomes. - [What is the difference between reasonable articulable suspicion and probable cause in Maine](https://www.notguiltyattorneys.com/difference-between-reasonable-articulable-suspicion-probable-cause-in-maine/): If police need to have probable cause to even start searching for evidence of a crime, what factors come into... - [Top 9 Title IX’s Sexual Harassment Provisions in Maine](https://www.notguiltyattorneys.com/top-9-title-ixs-sexual-harassment-provisions-in-maine/): If you’re a teacher, employee or administrator in Maine needing Title IX compliance counsel, or have a current complaint or charge, call us. - [Refusing a Breathalyzer or Chemical Test When Pulled Over for an OUI in Maine](https://www.notguiltyattorneys.com/refusing-oui-breathalyzer-chemical-test-maine/): Understanding your rights & obligations is important if asked to perform a breathalyzer or chemical test when suspected of an OUI in Maine. - [Underage OUI Charges in Maine](https://www.notguiltyattorneys.com/underage-oui-charges-in-maine-what-you-need-to-know/): If you're proactive and seek an experienced underage OUI defense attorney, you have a good chance of getting off as a one time mistake. - [Maine Sexual Assault & Rape Laws](https://www.notguiltyattorneys.com/maine-sexual-assault-rape-laws/): Learn about Maine's sexual assault and rape laws, including definitions, penalties, and legal defenses. Get the facts. Know your rights. - [Steps in a Title IX Defense Case in Maine: What You Need to Know](https://www.notguiltyattorneys.com/steps-in-a-title-ix-defense-case-in-maine/): If you're accused of sexual misconduct under Title IX, contact an attorney at The Maine Criminal Defense Group for an initial consultation. - [Statute of Limitations for Sexual Assault in Maine](https://www.notguiltyattorneys.com/statute-of-limitations-for-sexual-assault-in-maine/): There is a trend toward eliminating the statute of limitations for civil claims and criminal prosecutions involving childhood sexual abuse. - [Maine Domestic Violence Penalties](https://www.notguiltyattorneys.com/domestic-violence-laws-penalties-maine/): Domestic violence penalties, if convicted, are serious & will stay on your permanent criminal record indefinitely. Contact us now for help. - [Traffic Ticket Lawyer Explains Traffic & Speeding Tickets in Maine](https://www.notguiltyattorneys.com/traffic-ticket-lawyer-explains-traffic-speeding-tickets-in-maine/): Traffic violations in Maine are not usually a criminal offense but some violations like, criminal speeding, can result in criminal charges. - [Prohibited Consensual Sexual Activity Laws in Maine](https://www.notguiltyattorneys.com/prohibited-consensual-sexual-activity-laws-in-maine/): Not all sex crimes concern non-consensual sexual activity in Maine. Certain consensual activities are prohibited in the state. Learn More - [Title IX and Sexual Assault on Campus in Maine](https://www.notguiltyattorneys.com/title-ix-and-sexual-assault-on-campus-in-maine/): For a law passed in 1972, Title IX has been in the news a lot in recent years. As sexual... - [An Overview of Juvenile OUI and Other Juvenile Offenses in Maine](https://www.notguiltyattorneys.com/an-overview-of-juvenile-oui-and-other-juvenile-offenses-in-maine/): Underage crimes are a serious matter. If you’ve been charged with any juvenile offense, contact the Maine Criminal Defense Group now! - [A Breakdown of the Various White-Collar Crimes in Maine](https://www.notguiltyattorneys.com/a-breakdown-of-the-various-white-collar-crimes-in-maine/): Maine enforces laws on white-collar crimes aggressively, so offenders shouldn’t expect leniency without a skilled criminal defense lawyer. - [An Overview of Drug Crimes in Maine](https://www.notguiltyattorneys.com/an-overview-of-drug-crimes-in-maine/): Depending on the circumstances, a drug crime allegation in Maine can be quite serious, & obtaining legal assistance is imperative. - [Maine Law on Harassment via Telephone or Electronic Device](https://www.notguiltyattorneys.com/maine-law-on-harassment-via-telephone-or-electronic-device/): With the simultaneous rise of the internet, smartphones, text communication, social media and other technological gadgetry, it’s safe to conclude... - [An Overview of Maine Law on Sexual Exploitation](https://www.notguiltyattorneys.com/an-overview-of-maine-law-on-sexual-exploitation/): Complexities arise whenever someone raises a defense of “reasonable belief” for the offense of sexual exploitation of a minor. Learn more. - [Grand Larceny VS Other Theft Crimes in Maine](https://www.notguiltyattorneys.com/grand-larceny-other-theft-crimes-in-maine-law/): Theft comes in many forms, but they share the same characteristic: the thief acts with intent to take property from its rightful owner. - [Is an Aggravated Assault charge a Felony or Misdemeanor in Maine?](https://www.notguiltyattorneys.com/is-aggravated-assault-a-felony-or-misdemeanor-in-maine/): If you're facing an aggravated assault charge in Maine, stakes are high and self-representation is not ideal. Call us to protect your rights. - [Classification of Crimes in Maine](https://www.notguiltyattorneys.com/classification-crimes-maine/): If you have been arrested for a crime in Maine, it is important to understand the consequences that you may be facing. Learn more. - [Standardized Field Sobriety Testing in Maine](https://www.notguiltyattorneys.com/maine-field-chemical-sobriety-testing/): In Maine, police are trained to recognize signs of intoxication. If the officer suspects drugs or alcohol, they'll look for more evidence. - [Drug Trafficking Penalties in Maine](https://www.notguiltyattorneys.com/maine-drug-trafficking-penalties/): Concerned about a drug trafficking charge in Maine? Learn how the law works and what penalties you face. Call our defense attorneys now. - [Understanding Impaired Driving and OUI Laws in Maine (2021)](https://www.notguiltyattorneys.com/understanding-impaired-driving-and-oui-laws-in-maine-2021/): If you've been charged with operating under the influence (OUI), it's important to understand what impaired driving means in Maine (2021). - [Search and Seizure and Illegal Traffic Stops in Maine](https://www.notguiltyattorneys.com/search-and-seizure-and-illegal-traffic-stops-in-maine/): If anything was illegal with your stop, we'll file a motion to suppress with the court, meaning that the evidence is thrown out. Learn more. - [Title IX and Sexual Assault in Maine Schools](https://www.notguiltyattorneys.com/title-ix-sexual-assault-in-maine-schools/): Maine's schools have a duty not only to educate our youth, but to provide a safe environment for them to study and learn in. Learn more. - [Sugarloaf, Spring Skiing, & OUI Charges in Maine](https://www.notguiltyattorneys.com/sugarloaf-spring-skiing-oui-charges-in-maine/): Keeping safety in mind people are heading to Sugarloaf for skiing & fun but don't forget an OUI charge can put a quick stop to spring fun. - [What to Do About False Allegations of Child Sexual Abuse in Maine](https://www.notguiltyattorneys.com/what-to-do-about-false-allegations-of-child-sexual-abuse-in-maine/): One unfortunate and unintended consequence of the recent but long-overdue clampdown on child sexual abuse offenders is the increase in... - [Maine OUI Laws & Penalties](https://www.notguiltyattorneys.com/oui-laws-penalties-in-maine/): The penalties for an OUI in Maine are harsh & can vary depending on whether you're a first-time, repeat, or habitual offender. Learn now. - [What Happens During and After an OUI Traffic Stop?](https://www.notguiltyattorneys.com/what-happens-during-and-after-an-oui-traffic-stop/): Being prepared for what happens during & after an OUI traffic stop in Maine can help you remain calm, say and do the right things. Read more. - [Penalties for a Hit and Run in Maine](https://www.notguiltyattorneys.com/penalties-for-a-hit-and-run-in-maine/): If you've been charged with a hit and a run offense in Maine, our team of criminal defense lawyers can help you understand your options. - [Criminal Restraint by a Parent in Maine](https://www.notguiltyattorneys.com/criminal-restraint-by-a-parent/): You don’t need someone to tell you that kidnapping is a serious offense with serious consequences if you are convicted... - [What is Custodial Interrogation in Maine?](https://www.notguiltyattorneys.com/custodial-interrogation-maine/): Any situation in which you are interacting with police officers can be at least a little scary and intimidating. Chances... - [Difference Between Robbery, Theft, Burglary, and Larceny](https://www.notguiltyattorneys.com/difference-robbery-theft-burglary-larceny/): You might think of robbery, theft, and burglary as near-identical crimes. Those offenses may result in a similar outcome for... - [How an OUI Conviction Can Affect Your Life in Maine](https://www.notguiltyattorneys.com/dui-conviction-affect-life/): If a police officer determines that you are operating a motor vehicle while under the influence of illegal drugs or... - [What is Reasonable Articulable Suspicion in Maine?](https://www.notguiltyattorneys.com/understanding-reasonable-articulable-suspicion-maine/): Learn what reasonable articulable suspicion means in Maine and how it affects traffic stops and OUI charges under Title 29-A §105. - [Criminal Law 101 For Maine](https://www.notguiltyattorneys.com/criminal-law-101/): When discussing criminal offenses, one must take into account the classification of the crime, standards of proof, factual elements of... - [Ignition Interlock Device (IID) Costs & Penalties in Maine](https://www.notguiltyattorneys.com/ignition-interlock-device-costs-penalties-in-maine/): Article Updated: March 9, 2023 What is an Ignition Interlock Device? There are a lot of penalties that can result... - [Challenging OUI/DUI Evidence in Maine](https://www.notguiltyattorneys.com/challenging-dui-evidence/): Think you have to plead guilty to an OUI in Maine? Sobriety test results can be challenged. Learn how flawed evidence may help your defense. - [One Leg Stand Test in Maine](https://www.notguiltyattorneys.com/one-leg-stand-test-maine/): When a police officer pulls you over to the side of the road in Portland, you can rest assured that... - [Out Of State Visitors Charged With OUI / DUI In Maine](https://www.notguiltyattorneys.com/out-of-state-visitors-charged-with-oui-dui-in-maine/): Cases of operating under the influence (OUI) in Maine move through the justice system the same, regardless of whether you... - [Is the Unauthorized Use of Property a Crime?](https://www.notguiltyattorneys.com/unauthorized-property-crime/): Many people consider theft to be stealing an item from another person; however, an individual could also be charged with... - [How do I find the best lawyer for my DUI charge?](https://www.notguiltyattorneys.com/choose-dui-oui-attorney/): If you have been arrested for OUI in Maine, it is important that you contact an attorney right away. What... - [Challenge the Evidence: Blood Tests in Maine](https://www.notguiltyattorneys.com/challenge-evidence-blood-tests/): If you believe that you were falsely accused of an OUI in Maine based on the findings of a blood test, contact William T Bly immediately! - [Breath Tests: Are They Accurate?](https://www.notguiltyattorneys.com/breath-tests-accurate/): Challenging the Evidence Against You When a law enforcement officer suspects that a driver is under the influence of alcohol,... - [OUI and Miranda](https://www.notguiltyattorneys.com/oui-miranda/): Today’s topic of discussion concerns OUIs and specifically the issue of Miranda and how that plays into any statements that... - [Proposed Changes to Maine OUI Laws](https://www.notguiltyattorneys.com/proposed-changes-maine-oui-laws/): DUI enforcement advocates are pushing for several changes to be made in Maine OUI law. One of these proposed changes... - [5 Actions That Constitute Stalking in Maine](https://www.notguiltyattorneys.com/5-actions-that-constitute-stalking-in-maine/): Thanks to movies like Greta and Fatal Attraction, stalkers have become a figure of desperation and terror. Practically all states... - [Connection between domestic violence, juvenile offenses, and child abuse in Maine](https://www.notguiltyattorneys.com/connection-between-domestic-violence-juvenile-offenses-child-abuse-maine/): Domestic violence, juvenile offenses, and child abuse cases in Maine are complex. We can protect your rights. Call us to defend your rights. - [Multiple Counts of Indecent Exposure in Maine Adds Up Quickly](https://www.notguiltyattorneys.com/multiple-counts-of-indecent-exposure-in-maine-adds-up-quickly/): Police in southern Maine are looking for a man who they say is a suspect in a series of indecent... - [How the Craft Beer Scene in Maine is Changing OUI Enforcement](https://www.notguiltyattorneys.com/craft-beer-scene-is-changing-oui-enforcement/): As the craft beer scene continues to explode throughout southern Maine, police have altered their enforcement techniques to pull over... - [Maine's Free Speech Right to Call Someone a Rapist, But What About the Accused?](https://www.notguiltyattorneys.com/student-suspended-for-making-allegations-of-rape/): A controversial situation at a Maine high school is bringing out one of the more disturbing problems that sex crime... - [Fired: Officer Who Threatened to Shoot Shoplifting Suspects in Front of Children](https://www.notguiltyattorneys.com/officer-who-threatened-to-shoot-family-fired-from-the-force/): The police officer who threatened to shoot a man and woman suspected of shoplifting in front of their children has... - [Woman Tries to Retract Guilty Plea But Sentenced by Judge Anyway](https://www.notguiltyattorneys.com/woman-tries-to-retract-guilty-plea/): A difficult domestic violence case involving a mother who fatally stabbed her husband in front of their children has ended... - [Maine's Expansive Idea of an Underage Passenger for Child Endangerment OUIs](https://www.notguiltyattorneys.com/maine-underage-passenger-for-child-endangerment-ouis/): OUI Child Endangerment in Maine: How Underage Passenger Laws Can Widen the Charges A pretextual stop for speeding led to... - [Multiple Counts of Indecent Exposure in Maine Adds Up Quickly](https://www.notguiltyattorneys.com/multiple-reports-of-indecent-exposure/): Police in southern Maine are looking for a man who they say is a suspect in a series of indecent... - [Getting Ready for Court: Your Plea Options in Maine](https://www.notguiltyattorneys.com/getting-ready-for-court-your-plea-options/): You’ve been hit with criminal charges, and hopefully you’ve hired an attorney. Your attorney will look at the details of... - [Businesses in Chicago Blame Prosecutors for Rise in Shoplifting Crimes](https://www.notguiltyattorneys.com/businesses-blame-prosecutors-for-rise-in-shoplifting/): An increase in shoplifting offenses in Chicago has many business owners pointing fingers at the district attorney there, who had... - [Caribou Police See Sharp Increase in Domestic Violence Reports](https://www.notguiltyattorneys.com/caribou-police-see-increase-in-domestic-violence/): Police in Caribou, Maine, have reported a sharp increase in the number of domestic violence accusations. The police chief there... - [Understanding the Difference Between an Accomplice and an Accessory](https://www.notguiltyattorneys.com/understanding-the-difference-between-an-accomplice-and-an-accessory/): Even if you didn’t directly participate in or plan a crime, you could still be liable for what happens during... - [The Paradox Created by Statute of Limitations Based on the Alleged Victim's Age](https://www.notguiltyattorneys.com/paradox-of-statute-of-limitations/): A Winthrop man is being accused of gross sexual assault and sexual abuse of a minor for conduct that apparently... - [Store Clerk Forces Suspected Shoplifter to Strip Naked at Gunpoint](https://www.notguiltyattorneys.com/clerk-forces-suspected-shoplifter-to-strip-naked/): A suspected shoplifting situation took a strange turn in New Jersey when the store clerk pulled a gun on the... - [Domestic Violence Charges Filed Against Manhunt Suspect](https://www.notguiltyattorneys.com/domestic-violence-charges-filed-against-manhunt-suspect/): A Litchfield man is facing a host of domestic violence offenses after an altercation with a woman who was apparently... - [Maine's New Hands-Free Driving Law Will Lead to Pretextual Stop for OUI](https://www.notguiltyattorneys.com/new-hands-free-driving-law/): Maine has become the latest state to pass a “hands-free driving law” that forbids drivers from holding or even touching... - [One of Kevin Spacey's Accusers Has Died: What It Means for the Case](https://www.notguiltyattorneys.com/kevin-spacey-accuser-dies/): The sex offense allegations against Kevin Spacey took another turn when one of the accusers unexpectedly died. It’s not uncommon... - [Shoplifting from Private Seller: Man Allegedly Takes Motor Home Without Paying for It](https://www.notguiltyattorneys.com/man-allegedly-takes-motor-home-without-paying-for-it/): A Maine man is being accused of theft for allegedly taking someone else’s motor home without paying for it. The... - [Man Charged with Illegal Possession of Firearm Due to Prior Domestic Violence Conviction](https://www.notguiltyattorneys.com/man-charged-with-illegal-possession-of-firearm-from-prior-domestic-violence-conviction/): A Maine man was arrested for possession of a firearm – something he was prohibited from having because of a... - [New Hands Free Law Goes Into Effect Today in Maine](https://www.notguiltyattorneys.com/new-hands-free-law-goes-into-effect-today-in-maine/): As you have probably seen from electronic signs posted on the roadways during your daily commute for the past few... - [Massachusetts Suspends License in 2019 for a 1981 OUI in Maine](https://www.notguiltyattorneys.com/man-has-license-suspended-for-an-oui-forty-years-ago/): A man in Massachusetts got a letter to notify him that he was having his driver’s license suspended for operating... - [Domestic Violence Allegations in College Get Complicated Due to Title IX](https://www.notguiltyattorneys.com/maine-domestic-violence-allegations-in-college-complicate-title-ix/): A slew of allegations, including claims of domestic violence assault, has become even more complex because they happened in college,... - [Patriots Receiver Antonio Brown Accused of Sexual Assault and Rape](https://www.notguiltyattorneys.com/antonio-brown-accused-of-sexual-assault-and-rape/): Almost as soon as he signed a deal to play professional football with the New England Patriots, all-star wide receiver... - [Maine Resident Accused of Shoplifting: the Problem of Searches Incident to an Arrest](https://www.notguiltyattorneys.com/the-problem-of-searches-incident-to-an-arrest/): A Maine native was recently arrested for shoplifting in New Jersey. The details of his arrest highlight an important issue... - [Rare Fatal OUI in Acadia National Park Being Pursued in Federal Court](https://www.notguiltyattorneys.com/fatal-oui-accident-in-arcadia-national-park/): A fatal drunk driving incident in Maine is raising some interesting jurisdictional issues because it happened in Acadia National Park.... - [A Misdemeanor Charge Is a Big Deal!](https://www.notguiltyattorneys.com/a-misdemeanor-charge-is-a-big-deal/): Perhaps you’ve been accused of a crime after a traffic stop, or maybe the police have contacted you after someone... - [Local Man Recognized for Helping Arrest Juvenile Shoplifting Suspects](https://www.notguiltyattorneys.com/local-man-helps-police-arrest-teen-shoplifters/): Police in Bath arrested two shoplifting suspects with the help of a local man. The incident draws out some common... - [Sex Offenses, Estate Management, and Trust Law: the Case of Jeffrey Epstein](https://www.notguiltyattorneys.com/complexities-of-the-epstein-case/): It is a fascinating example of how lots of different areas of the law can become entangled in a single... - [Culpable States of Mind - Negligence](https://www.notguiltyattorneys.com/culpable-states-of-mind-negligence/): Maine’s criminal laws are almost always interested in what was going through your mind, when you’re accused of committing a... - [Police and Media Seem to Presume Domestic Violence Suspect's Guilt](https://www.notguiltyattorneys.com/police-and-media-presume-domestic-violence-suspect-is-guilty/): A domestic violence situation unfolded in Florida and ended with a neighbor and the alleged abuser in a gunfight that... - [You Can Get an OUI for Drinking White Claws and Driving](https://www.notguiltyattorneys.com/drinking-white-claws-can-earn-you-an-oui/): The Portland Police Department felt the need to remind people that hard seltzer can still lead to an arrest for... - [Why Jeffrey Epstein's Death is Bad News for Other Suspects in His Case](https://www.notguiltyattorneys.com/why-the-epstein-death-is-bad-news-for-other-suspects/): An interesting wrinkle in the sex crime case against Jeffrey Epstein, now that he has committed suicide in a New... - [Man Arrested in Maine for Crime in Pennsylvania: How Extradition Works](https://www.notguiltyattorneys.com/pennsylvania-man-arrested-in-maine-will-be-extradited/): Portland police arrested a man who has been accused of raping a child in Pennsylvania. He is expected to be... - [Jewelry Store Heist Shows Where the Line Is Between Shoplifting and Burglary](https://www.notguiltyattorneys.com/jewelry-heist-an-example-of-what-defines-burglary-versus-shoplifting/): Over $100,000 in merchandise was taken from a jewelry store in Farmingdale back in early August. The incident highlights the... - [Mass Shooting Raises Questions About Walmart's Security and Shoplifting Allegations](https://www.notguiltyattorneys.com/mass-shooting-at-walmart-raises-security-questions/): The recent mass shooting in El Paso has boiled over into a larger discussion of the strain that Walmart stores... - [Do Maine's OUI Laws Reach Horse-Drawn Vehicles?](https://www.notguiltyattorneys.com/do-oui-laws-apply-to-horse-drawn-carriages/): A freak accident in Clinton, Maine, left four people hurt when a horse-drawn carriage careened out of control and hit... - [Red flag laws and those accused of domestic violence in Maine](https://www.notguiltyattorneys.com/red-flag-laws-and-domestic-violence-accusations-in-maine/): Red flag laws in Maine can impact those accused of domestic violence, putting Second Amendment rights at risk. We'll protect your rights. - [Domestic Violence or Assault on Neighbors in Maine](https://www.notguiltyattorneys.com/domestic-violence-or-assault-on-neighbors-in-maine/): A man in Portland, Maine has been accused of beating up a neighbor in his apartment complex. While the incident... - [Two Reasons Why State v. Mitchell is a Disturbing OUI Case](https://www.notguiltyattorneys.com/scotus-decision-in-state-versus-mitchell/): In a recent blog post, we discussed the process of figuring out just what, exactly, the Supreme Court decided in... - [Woman Takes Husband's Guns After Restraining Order Didn't](https://www.notguiltyattorneys.com/woman-takes-guns-after-restraining-order-did-not/): A woman in Florida has been accused of taking matters into her own hands and removing her husband’s guns after... - [Maine Traffic Stop Finds Drugs and Sounds Eerily Similar to Stop Outlawed by Supreme Court](https://www.notguiltyattorneys.com/traffic-stop-possibly-violates-fourth-amendment-rights/): A recent traffic stop in Maine bears a sharp resemblance to a traffic stop that the Supreme Court of the... - [Police Clearance Rates and How Shoplifting Can Influence the Numbers](https://www.notguiltyattorneys.com/police-clearance-rates-and-shoplifting-statistics/): A general overview of the crime statistics in Maine paints an interesting picture of law enforcement throughout the state. A... - [Maine Woman Charged as Accomplice to Sex Assault of Child](https://www.notguiltyattorneys.com/woman-charged-as-accomplice-to-sex-assault-of-child/): Two Mainers are facing charges of raping a minor in an incident that apparently involved a child under the age... - [Shoplifting Investigation Leads to Criminal Charges for 19-Year-Old Mainer](https://www.notguiltyattorneys.com/shoplifting-investigation-leads-to-criminal-charges/): A report of shoplifting has snowballed into far more severe criminal allegations for a teenager in Aroostook County. Now he... - [Charges Against Maine Deputy Grow](https://www.notguiltyattorneys.com/charges-against-deputy-grow/): A sheriff’s deputy in Maine is being accused of a host of criminal offenses after an investigation was triggered by... - [Counting Votes in the Supreme Court's Latest OUI Decision](https://www.notguiltyattorneys.com/scotus-decision-on-latest-oui-case/): A major case involving implied consent laws and the law of operating under the influence (OUI) recently reached the U.... - [Drug Store Theft in Portland Raises Addiction Defense Discussion](https://www.notguiltyattorneys.com/drug-store-theft-raises-addiction-as-a-defense-discussion/): A man allegedly stole drugs from a pharmacy in Portland, reigniting the discussion about whether addiction should be treated as... - [Sex Crime Charges Against Kevin Spacey Dropped: What This Says About the #MeToo Movement](https://www.notguiltyattorneys.com/charges-dropped-in-kevin-spacey-case/): The sex offense charges against Kevin Spacey have been dropped after the actor’s accuser invoked his Fifth Amendment right against... - [Jeffrey Epstein's Two Sex Offense Cases Have Been Described Completely Differently in the News](https://www.notguiltyattorneys.com/how-media-is-treating-jeffrey-epstein-case/): There’s a certain satisfaction watching a rich man get indicted on serious criminal charges that he seemed to think his... - [No Charges Filed After Police Threaten to Kill Shoplifting Suspects](https://www.notguiltyattorneys.com/police-threaten-to-shoot-alleged-shoplifter-in-phoenix/): An alleged shoplifting incident out of Phoenix that led to a chilling video of police brutality that went viral has... - [Distant Relatives and Domestic Violence in Shirley Shooting](https://www.notguiltyattorneys.com/distant-relatives-and-domestic-violence-charges/): A man from Bath is being accused of attempted murder and a host of other charges for apparently trying to... - [Portland Slow to Opt Into Maine's Recreational Marijuana Business Law](https://www.notguiltyattorneys.com/portland-slow-to-opt-in-recreational-marijuana-business-law/): New developments in Maine’s slowly-developing recreational marijuana law have shifted the impetus from the state to local governments. While there... - [Saco Man Pleads Guilty, But Is Still Sentenced Nearly Two Years After Alleged Federal Offense](https://www.notguiltyattorneys.com/saco-man-pleads-guilty-to-possessing-an-unregistered-explosive-device/): A Saco man was recently sentenced in federal court on one count of possession of an unregistered explosive device, seven... - [Biddeford Defendants Plead Guilty to Sex Trafficking Charges After Federal Investigation](https://www.notguiltyattorneys.com/biddleford-defendants-plead-guilty-to-sex-trafficking/): Two Biddeford natives are in the sentencing stages of a federal sex trafficking case. Both have pleaded guilty to the... - [Heightened Enforcement Period Around July 4 for Boating Under the Influence](https://www.notguiltyattorneys.com/boating-under-the-influence-crackdown/): Together with local police departments along the coast of Maine, the U. S. Coast Guard has announced a “heightened enforcement”... - [Maine News Report of Unlawful Sexual Contact Arrest Fails on All Fronts](https://www.notguiltyattorneys.com/news-outlets-know-little-about-sex-crimes-when-reporting-stories/): A man in Farmington, Maine, has been accused of having unlawful sexual contact with an underage girl. The way the... - [Maine Stabbing Illustrates Fetal Homicide Laws and Domestic Violence Limits](https://www.notguiltyattorneys.com/maine-fetal-homicide-laws-and-domestic-violence/): A Maine stabbing highlights fetal homicide laws and domestic violence limits. The Maine Criminal Defense Group provides expert legal defense. - [Mistakes Made Behind the Scenes at the DMV Impacted Fatal New Hampshire Crash](https://www.notguiltyattorneys.com/dmv-mistake-proves-deadly/): As news is unveiled about the devastating accident in New Hampshire that killed seven motorcyclists and hurt three others, an... - [Kevin Spacey's Sex Crime Case Turns into Legal Fight for Accuser's Cellphone](https://www.notguiltyattorneys.com/kevin-spacey-case-turns-into-fight-over-cell-phone/): Defense lawyers in Kevin Spacey’s sex crime trial have been struggling to get access to the accuser’s cellphone, which may... - [Stetson Man Arrested for Sexual Assault and Murder from 1986](https://www.notguiltyattorneys.com/stetson-man-arrested-for-crime-committed-in-1986/): A Maine man has been arrested and charged in connection with a murder and sex assault from 1986 in southern... - [Why Murder and Manslaughter Aren't Domestic Violence Crimes in Maine](https://www.notguiltyattorneys.com/why-murder-and-manslaughter-arent-domestic-violence-crimes-in-maine/): The criminal defense team at Maine Criminal Defense Group strives to represent people who have been accused of domestic violence in Maine. - [Ex-Governor LePage to Work as Bartender in Boothbay Harbor](https://www.notguiltyattorneys.com/former-governor-to-become-a-bartender/): Maine’s departed governor, Paul LePage, has found a new job: he will be serving as a bartender at a restaurant... - [Costco's Shoplifting Rates Well Below Average](https://www.notguiltyattorneys.com/costco-averages-low-shoplifting-rates/): Shoplifting is not the same in every store. Different store layouts and even the number of workers on the floor... - [Judge Splits Murder Trials of Domestic Violence Co-Defendants](https://www.notguiltyattorneys.com/judge-splits-murder-trials-of-codefendants/): A Maine court has decided to split the domestic violence murder trials against a mother and a father for their... - [Local News Story Makes a Mess of Maine's Drugged Driving Law](https://www.notguiltyattorneys.com/misleading-news-station-coverage-of-drugged-drivers/): A local Maine news station recently released a feature story about drugged driving in the state. While the story reveals... - [The Power of the Exclusionary Rule: Mr. Kraft's Solicitation Case](https://www.notguiltyattorneys.com/the-power-of-the-exclusionary-rule-mr-krafts-solicitation-case/): It’s not every day that a major criminal case plays out on national news and involves a criminal defense lawyer... - [Man Faces Indecent Conduct Charge After Being Found Naked on Hiking Trail](https://www.notguiltyattorneys.com/man-faces-indecent-conduct-charge-after-being-found-naked-on-hiking-trail/): A man in Belfast is being charged with indecent conduct for allegedly exposing himself in public. The incident is a... - [A Driving Instructor's Employment Plight After Being Accused of a Sex Crime](https://www.notguiltyattorneys.com/a-driving-instructors-employment-plight-after-being-accused-of-a-sex-crime/): A local Maine man has been accused of gross sexual assault and unlawful sexual contact of a child. Both of... - [What is Maine's Shopkeeper's Privilege Rule?](https://www.notguiltyattorneys.com/what-is-maines-shopkeepers-privilege-rule/): An often overlooked but practically important aspect of shoplifting law is the ability of shopkeepers and owners to detain people... - [Diversion Programs for Shoplifting Spread in Maine](https://www.notguiltyattorneys.com/diversion-programs-for-shoplifting-spread-in-maine/): Several counties in Maine are experimenting with diversionary programs for shoplifting allegations. While these programs can be enticing to people... - [Delving Into the Data: Half of Maine's 2018 Homicides Related to Domestic Violence](https://www.notguiltyattorneys.com/half-of-2018-homicides-related-to-domestic-violence/): There have been a lot of different trends that data-driven law enforcement techniques have discovered. One of the most important... - [What is a Blood, Breath, or Urine Test in Maine?](https://www.notguiltyattorneys.com/blood-breath-and-urine-oui-tests-maine/): Operating under the influence (OUI) law in Maine requires drivers in the state to perform a “blood, breath or urine”... - [Company Claims to Have Developed a Breathalyzer for Marijuana](https://www.notguiltyattorneys.com/breathalyzer-device-claims-to-detect-marijuana/): A company in California has claimed that it has developed a new type of breathalyzer that can detect not just... - [Implied Consent Laws Back Before the Supreme Court](https://www.notguiltyattorneys.com/supreme-court-to-hear-implied-consent-case/): The Supreme Court of the United States has accepted another case involving implied consent laws. While operating under the influence... - [Can An OUI Affect My Career?](https://www.notguiltyattorneys.com/can-an-oui-affect-my-career/): Many people operate under the assumption that their business and personal lives are separate, with little to no impact from... - [OUI Refusal: How You Can Refuse a Chemical Test while still Saying Yes](https://www.notguiltyattorneys.com/oui-refusal-how-you-can-refuse-a-chemical-test-while-still-saying-yes/): A charge and conviction of Operating Under the Influence (OUI) can have significant consequences for anyone who is unfortunate to... - [The Future of Past Marijuana Crimes](https://www.notguiltyattorneys.com/the-future-of-past-marijuana-crimes/): With recreational marijuana now legal in Maine, Maine’s government must ask about what to do to those who were convicted... - [Criminal Law and the New Government Leadership](https://www.notguiltyattorneys.com/criminal-law-and-the-new-government-leadership/): The year 2019 brings a political change in Maine, and potentially in criminal law. With a former prosecutor in the... - [Secret License Suspensions for Criminal Convictions](https://www.notguiltyattorneys.com/secret-license-suspensions-for-criminal-convictions/): Title 29-A of the Maine Revised Statutes lists several driving related crimes with a list of minimum criminal consequences if... - [If it's Free, is it Stealing? The Truth Behind Theft](https://www.notguiltyattorneys.com/if-its-free-is-it-stealing-the-truth-behind-theft/): A theft charge may seem like a straightforward accusation, but there are some forms of theft that are not so... - [Immigration and International Consequences of Criminal Convictions](https://www.notguiltyattorneys.com/immigration-and-international-consequences-of-criminal-convictions/): Immigration and international travel are two of the most significant collateral consequences of criminal convictions. However, most people charged with... - [Halloween Crimes: Mischief and Trespass](https://www.notguiltyattorneys.com/halloween-crimes-mischief-and-trespass/): As we get closer to Halloween, people are preparing to celebrate in many ways. Some dress up in their favorite... - [Sexual Assault Prosecution & Defense in the “Me Too” Era](https://www.notguiltyattorneys.com/sexual-assault-prosecution-defense-in-the-me-too-era/): As a criminal defense attorney, I’m concerned about the potential impact that the Me Too movement may have on clients... - [OUI: A Criminal Defense Specialty](https://www.notguiltyattorneys.com/oui-a-criminal-defense-specialty/): One of the surprising facts about OUI cases is just how complex they are. Like any criminal case, a criminal... - [Off-Road Rules: Recreational Vehicle Crimes](https://www.notguiltyattorneys.com/off-road-rules-recreational-vehicle-crimes/): Most people understand that operating a motor vehicle, like a car or truck, while under the influence of drugs or... - [Maine Criminal Statutes of Limitations](https://www.notguiltyattorneys.com/maine-statute-of-limitations-criminal-charges/): Learn about Maine's statutes of limitations for criminal offenses, including time limits for prosecution and how they vary by crime. Call us. - [Jury Trial: What Does Your Day in Court Look Like?](https://www.notguiltyattorneys.com/jury-trial-what-does-your-day-in-court-look-like/): You and the District Attorney were unable to resolve your case, so your case has proceeded to trial. Jury selection... - [Jury Selection: Your Day in Court](https://www.notguiltyattorneys.com/jury-selection-your-day-in-court/): If you and the District Attorney’s office cannot agree on a resolution in your criminal case, the Court will prepare... - [What’s Hearsay? A basic overview of a complicated legal concept](https://www.notguiltyattorneys.com/whats-hearsay-a-basic-overview-of-a-complicated-legal-concept/): Non-lawyer friends and family will often approach me and ask me to parse through hypothetical legal situations to further understand... - [Dispositional Conferences in Maine: Your Day in Court](https://www.notguiltyattorneys.com/your-day-in-court-dispositional-conference/): This article deals with one of the most important proceedings in the Maine criminal system, the Dispositional Conference. The Dispositional... - [Your Day in Court: Day One – Initial Appearance and Arraignment](https://www.notguiltyattorneys.com/your-day-in-court-day-one-initial-appearance-and-arraignment/): Unfortunately, if you’re reading this blog, you’ve either been arrested or you received a criminal summons charging you with a... - [The Administrative OUI Case: The Proceeding That Is Most Often Neglected](https://www.notguiltyattorneys.com/the-administrative-oui-case-the-proceeding-that-is-most-often-neglected/): Let’s say you find yourself charged with Operating Under the Influence and you are given a court date by the... - [Do Police Need a Warrant to Search a Covered Vehicle in your Driveway? Collins v. Virginia says Maybe Not](https://www.notguiltyattorneys.com/do-police-need-a-warrant-to-search-a-covered-vehicle-in-your-driveway-collins-v-virginia-says-maybe-not/): What happens when the constitutional protections against searching your home without a warrant conflict with the automobile exception to a... - [Do You Have a Right to Privacy while Driving a Rental Car? Byrd v. United States may say No.](https://www.notguiltyattorneys.com/do-you-have-a-right-to-privacy-while-driving-a-rental-car-byrd-v-united-states-may-say-no/): On January 9, 2018, the Supreme Court of the United States discussed an important question that could affect many tourists... - [Three Different Models of OUI Breath Testing Devices Used in Maine](https://www.notguiltyattorneys.com/three-different-models-of-oui-breath-testing-devices-used-in-maine/): In a recent blog post, we explained how – technically speaking – there’s no such thing as a “breathalyzer. ”... - [Per Se OUI Laws Fail to Account for Gender Differences](https://www.notguiltyattorneys.com/per-se-oui-laws-fail-to-account-for-gender-differences/): A per se law is makes something illegal, regardless of whether it is dangerous, or not. Oftentimes, instead of criminalizing... - [There Are Many Kinds of "Breathalyzers," and That's a Problem](https://www.notguiltyattorneys.com/there-are-many-kinds-of-breathalyzers-and-thats-a-problem/): The world of operating under the influence (OUI) is full of surprises. People who have been arrested and charged with... - [An Increased Body Temperature Can Increase a Breathalyzer's Results](https://www.notguiltyattorneys.com/an-increased-body-temperature-can-increase-a-breathalyzers-results/): While breathalyzers are a core aspect of how police officers in Maine and elsewhere in the U. S. enforce operating... - [Civil Asset Forfeiture Has Become a Monster](https://www.notguiltyattorneys.com/civil-asset-forfeiture-has-become-a-monster/): Civil asset forfeiture is one of the most terrifying and out of control aspects of law enforcement today. The original... - [How Breathalyzers Have Influenced OUI Laws Across the Country](https://www.notguiltyattorneys.com/how-breathalyzers-have-influenced-oui-laws-across-the-country/): In a recent blog post, we delved into the history of the breathalyzer, one of the biggest developments in the... - [Unscientific and Now Stagnant: A Brief History of the Breathalyzer](https://www.notguiltyattorneys.com/unscientific-and-now-stagnant-a-brief-history-of-the-breathalyzer/): Breath testing devices are a huge part of enforcing Maine’s laws for driving under the influence (DUI). Unfortunately, when you... - [120 Years Since First DUI Arrest](https://www.notguiltyattorneys.com/120-years-since-first-dui-arrest/): It would be a shame to let the year end without noting that 2017 marked 120 years since the first... - [More Breathalyzers Have Been Miscalibrated, This Time in New Jersey](https://www.notguiltyattorneys.com/more-breathalyzers-have-been-miscalibrated-this-time-in-new-jersey/): If you get pulled over on suspicion ofdriving under the influence (DUI), you might provide a breath sample. If the... - [Oral Arguments in Carpenter v. U.S. Show How Justices are Leaning](https://www.notguiltyattorneys.com/oral-arguments-in-carpenter-v-us-show-how-justices-are-leaning/): The Supreme Court caseCarpenter v. U. S. is shaping up to be one of the most important criminal cases in... - [Multiple OUI Arrests in the Same Day Don't Violate Double Jeopardy Clause](https://www.notguiltyattorneys.com/multiple-oui-arrests-in-the-same-day-dont-violate-double-jeopardy-clause/): A new ruling from the Maine Supreme Court on November 28, 2017, Maine v. Martinelli, highlights how the Double Jeopardy... - [3 Ways for Avoiding an OUI Traffic Stop](https://www.notguiltyattorneys.com/3-ways-for-avoiding-an-oui-traffic-stop/): Getting pulled over for operating under the influence (OUI) in Maine is stressful, even if you haven’t been drinking at... - [How Police Hide Body Camera Footage in Maine](https://www.notguiltyattorneys.com/how-police-hide-body-camera-footage-in-maine/): When they first starting coming out, police body cameras were supposed to transform law enforcement and policing by increasing the... - [Body Cameras Catch Police in a Lie](https://www.notguiltyattorneys.com/body-cameras-catch-police-in-a-lie/): A new instance of police misconduct has arisen, this time out of Los Angeles. A man suspected of committing a... - [Why Are the Earliest Fourth Amendment Cases from the 1960s?](https://www.notguiltyattorneys.com/why-are-the-earliest-fourth-amendment-cases-from-the-1960s/): The Fourth Amendment is the most constitutional protection for people who are being investigated for a crime. However, if the... - [Renewal of Warrantless NSA Surveillance Program Making Its Way Through Congress](https://www.notguiltyattorneys.com/renewal-of-warrantless-nsa-surveillance-program-making-its-way-through-congress/): A federal law that could have significant repercussions on your privacy and your Fourth Amendment rights is in a tricky... - [Maine Supreme Court: Indecent Conduct Requires Physical Presence](https://www.notguiltyattorneys.com/maine-supreme-court-indecent-conduct-requires-physical-presence/): The Maine Supreme Court has made an important distinction regarding one of the most important parts of the state’ssexual crimeslaws:Indecent... - [No, the Eyewitness Rule Does Not Solve Carpenter v. U.S.](https://www.notguiltyattorneys.com/no-the-eyewitness-rule-does-not-solve-carpenter-v-us/): The upcoming Supreme Court case Carpenter v. U. S. has gotten lots of attention recently. It is, after all, likely... - [Amicus Briefs in Favor of the Prosecution in Carpenter v. U.S.](https://www.notguiltyattorneys.com/amicus-briefs-in-favor-of-the-prosecution-in-carpenter-v-us/): In our last blog post, we examined the amicus curiae briefs that were filed for the defense team in Carpenter... - [A Rundown of the Amicus Briefs for the Defense in Carpenter v. U.S.](https://www.notguiltyattorneys.com/a-rundown-of-the-amicus-briefs-for-the-defense-in-carpenter-v-us/): When a case reaches the United States Supreme Court – or, less often, a state supreme court – the judges... - [Cop Who Arrested Nurse While Trying to Conduct an Unlawful Search Has Been Fired](https://www.notguiltyattorneys.com/cop-who-arrested-nurse-while-trying-to-conduct-an-unlawful-search-has-been-fired/): Back in early September, a viral video hit the internet of a Utah detective roughly arresting a nurse after she... - [An Example of the Supreme Court Stumbling Over Itself in a Seizure Case](https://www.notguiltyattorneys.com/an-example-of-the-supreme-court-stumbling-over-itself-in-a-seizure-case/): While the Fourth Amendment prohibits searches or seizures that are “unreasonable,” first, there has to be a search or seizure.... - [How Dodging a Seizure Issue Made the Maine Supreme Court Look Foolish](https://www.notguiltyattorneys.com/how-dodging-a-seizure-issue-made-the-maine-supreme-court-look-foolish/): Many of our recent blog posts have dealt with when, exactly, you’ve been “seized” by police. While this issue is... - [The Murky Law of Seizures at the Supreme Court](https://www.notguiltyattorneys.com/the-murky-law-of-seizures-at-the-supreme-court/): Lately, we’ve been delving into the law that deals with whether you’ve been “seized” by police, thereby invoking your constitutional... - [Traffic Stops are Seizures Under the Fourth Amendment](https://www.notguiltyattorneys.com/traffic-stops-are-seizures-under-the-fourth-amendment/): In recent blog posts, we’ve delved into the important legal question of whether you’ve been “seized” by police, thus triggering... - [Police Can Question You in Public Without Implicating Your Fourth Amendment Rights](https://www.notguiltyattorneys.com/police-can-question-you-in-public-without-implicating-your-fourth-amendment-rights/): In several recent blog posts, we’ve dealt with the issue of what police have to do in order to initiate... - [Police Roadblocks and Sobriety Checkpoints are Seizures, Too](https://www.notguiltyattorneys.com/police-roadblocks-and-sobriety-checkpoints-are-seizures-too/): In recent blog posts, we’ve been discussing what constitutes a “seizure” under the Fourth Amendment. If police “seize” you and... - [Police Use of Deadly Force is Always a Seizure](https://www.notguiltyattorneys.com/police-use-of-deadly-force-is-always-a-seizure/): In the past few blog posts, we’ve started talking about what it means to be “seized” by police. Determining the... - [Seizures, Your Fourth Amendment Rights, and the Exclusionary Rule](https://www.notguiltyattorneys.com/seizures-your-fourth-amendment-rights-and-the-exclusionary-rule/): In our recent blog posts, we’ve begun delving into the can of worms that is arrest and police seizure law.... - [Maine v. Blier and the Spectrum of Police Detentions](https://www.notguiltyattorneys.com/maine-v-blier-and-the-spectrum-of-police-detentions/): In our last blog post, we ended with a real-life situation from a Maine Supreme Court case, Maine v. Blier,... - [Whether You've Been Seized By Police Is Not Always Clear](https://www.notguiltyattorneys.com/whether-youve-been-seized-by-police-is-not-always-clear/): The Fourth Amendment, one of the keystones of all criminal defense work, prohibits searches and seizures that are “unreasonable. ”... - [You've Been Seized if You're Brought to the Police Station Involuntarily](https://www.notguiltyattorneys.com/youve-been-seized-if-youre-brought-to-the-police-station-involuntarily/): In our recent blog posts, we’ve started delving into the maddeningly nuanced law of seizures by law enforcement officers. Crucially,... - [Influential Judge Richard Posner Calls It Quits](https://www.notguiltyattorneys.com/influential-judge-richard-posner-calls-it-quits/): Richard Posner, one of the most important judges of the past fifty years – perhaps even more important than some... - [How Police Overreach Backfires on Law Enforcement](https://www.notguiltyattorneys.com/how-police-overreach-backfires-on-law-enforcement/): This is the second and final blog post that deals with a recent viral video, showing a nurse in Utah... - [Viral Video Shows Police Trying to Perform Illegal Search](https://www.notguiltyattorneys.com/viral-video-shows-police-trying-to-perform-illegal-search/): A recent viral video from Utah shows a detective unjustifiably trying to perform a blood alcohol content (BAC) test on... - [New Executive Order Gives Police Access to Military-Grade Weapons](https://www.notguiltyattorneys.com/new-executive-order-gives-police-access-to-military-grade-weapons/): Back in 2015, then-President Obama signed an executive order banning or restricting the kinds of military-grade equipment that police forces... - [When Police Can Cross Town Lines: The Fresh Pursuit Rule](https://www.notguiltyattorneys.com/when-police-can-cross-town-lines-the-fresh-pursuit-rule/): There’s a common misconception that police officers from one town have absolutely no power in another town. The truth, though,... - [Police Have to Wait Fifteen Minutes Before Administering a Breath Test](https://www.notguiltyattorneys.com/police-have-to-wait-fifteen-minutes-before-administering-a-breath-test/): In a recent blog post, we focused on a recent Maine Supreme Court case that upheld a conviction for operating... - [Maine Supreme Court Upholds OUI Conviction on Field Sobriety Tests, Alone](https://www.notguiltyattorneys.com/maine-supreme-court-upholds-oui-conviction-on-field-sobriety-tests-alone/): A new ruling by the Maine Supreme Court highlights how important it is to know your rights during a traffic... - [Predictive Policing Contest Fraught With Problems](https://www.notguiltyattorneys.com/predictive-policing-contest-fraught-with-problems/): The National Institute of Justice (NIJ), the agency of the U. S. Department of Justice that’s responsible for research and... - [Tiger Woods Takes OUI Diversion Program in Plea Deal](https://www.notguiltyattorneys.com/tiger-woods-takes-oui-diversion-program-in-plea-deal/): Back in June, legendary golfer Tiger Woods was arrested for operating under the influence (OUI) in Florida. As we detailed... - [Alternative Charges and Lesser Included Offenses](https://www.notguiltyattorneys.com/alternative-charges-and-lesser-included-offenses/): In a recent blog post, we discussed lesser included offenses and the merger doctrine. Together, these two legal ideas prevent... - [The Fourth Amendment and Dorm Rooms](https://www.notguiltyattorneys.com/the-fourth-amendment-and-dorm-rooms/): Over the course of your daily life, the rights guaranteed to you by the Fourth Amendment are constantly helping you.... - [Supreme Court Raises Materiality Requirement for Brady Disclosures](https://www.notguiltyattorneys.com/supreme-court-raises-materiality-requirement-for-brady-disclosures/): A new decision on an old case from the Supreme Court of the United States makes it more difficult for... - [Blue Lives Matter Laws Abuse the Very Essence of Hate Crime Legislation](https://www.notguiltyattorneys.com/blue-lives-matter-laws-abuse-the-very-essence-of-hate-crime-legislation/): Another state has passed reactionary legislation that makes it a hate crime to assault a police officer. This worrisome trend... - [Totally Banning Sex Offenders from Accessing Social Media Violates First Amendment](https://www.notguiltyattorneys.com/totally-banning-sex-offenders-from-accessing-social-media-violates-first-amendment/): The Supreme Court of the United States has just made a landmark ruling in a case that we covered in... - [Teen Arrested Twice for OUI Within Three Hours](https://www.notguiltyattorneys.com/teen-arrested-twice-for-oui-within-three-hours/): A driver in Wisconsin was arrested for operating under the influence (OUI) twice in the span of three hours. The... - [Court Allows Probation Condition that Waives Fourth Amendment Rights](https://www.notguiltyattorneys.com/court-allows-probation-condition-that-waives-fourth-amendment-rights/): One of the greatest protections guaranteed to you by the Fourth Amendment is your freedom from warrantless searches unless they... - [Supreme Court Might Be About to Change the Third Party Doctrine in Criminal Cases](https://www.notguiltyattorneys.com/supreme-court-might-be-about-to-change-the-third-party-doctrine-in-criminal-cases/): In a handful of last year’s blog posts, we detailed the third party doctrine, and how it allowed police to... - [Tiger Woods' Arrest for OUI Highlights Draconian Laws](https://www.notguiltyattorneys.com/tiger-woods-arrest-for-oui-highlights-draconian-laws/): At this point, nearly everyone has heard of the legendary golfer Tiger Woods being arrested for operating under the influence... - [Can You Be Too Drunk to Consent to a BAC Test?](https://www.notguiltyattorneys.com/can-you-be-too-drunk-to-consent-to-a-bac-test/): A recent case in Colorado dealt with that state’s implied consent and operating under the influence (OUI) laws, and decided... - [Maine Supreme Court Allows Traffic Stop Without Lights or Sirens](https://www.notguiltyattorneys.com/maine-supreme-court-allows-traffic-stop-without-lights-or-sirens/): A new ruling by the Supreme Court of Maine deals with the kinds of signals that police have to send... - [When Courts Have to Guess What the Law Says: Implying a Culpable State of Mind](https://www.notguiltyattorneys.com/when-courts-have-to-guess-what-the-law-says-implying-a-culpable-state-of-mind/): With the huge impact that they can have on your life, you would expect criminal statutes to be meticulously crafted... - [Deer Driving Case Makes it to the Maine Supreme Court](https://www.notguiltyattorneys.com/deer-driving-case-makes-it-to-the-maine-supreme-court/): The Maine Supreme Court recently handed down a decision on an issue near and dear to many Mainers, but that... - [New Case Strengthens Harmless Error Rule, Making Appeals More Difficult to Win](https://www.notguiltyattorneys.com/new-case-strengthens-harmless-error-rule-making-appeals-more-difficult-to-win/): In a recent blog post, we discussed the harmless error rule. This rule makes a difference if you’ve been convicted... - [The Harmless Error Rule: An Overview](https://www.notguiltyattorneys.com/the-harmless-error-rule-an-overview/): Out of all of the ways that the criminal justice system is stacked against someone who’s been charged with a... - [Protester Convicted for Laughing During Sessions' Confirmation Hearing](https://www.notguiltyattorneys.com/protester-convicted-for-laughing-during-sessions-confirmation-hearing/): In one of the most shocking verdicts of the last few years, a protester was convicted for laughing too hard... - [Supreme Court Seems to Admit Distrust of Law Enforcement Requires Judicial Intervention](https://www.notguiltyattorneys.com/supreme-court-seems-to-admit-distrust-of-law-enforcement-requires-judicial-intervention/): A new legal article deals with an important issue that we discussed in our blog back in October, 2016: A... - [Apparent Intention to Speed Does Not Support a Traffic Stop](https://www.notguiltyattorneys.com/apparent-intention-to-speed-does-not-support-a-traffic-stop/): If a police officer is going to pull you over for drunk driving, they need to have probable cause that... - [Thousands of Cases Dismissed for Relying on Tampered Evidence](https://www.notguiltyattorneys.com/thousands-of-cases-dismissed-for-relying-on-tampered-evidence/): Neighboring Massachusetts is still dealing with the repercussions of their rogue state chemist, Annie Dookhan. This past week, prosecutors took... - [Arkansas Shows Off the Horrors of the Death Penalty](https://www.notguiltyattorneys.com/arkansas-shows-off-the-horrors-of-the-death-penalty/): Arkansas has been in the headlines recently for its unprecedented decision to execute no fewer than 8 death row inmates... - [The Lack of Science Behind Marijuana Laws](https://www.notguiltyattorneys.com/the-lack-of-science-behind-marijuana-laws/): One of the most polarized and confusing aspects of the American criminal justice system today has to do with marijuana.... - [Addiction Should Not Be Treated as Voluntary Intoxication](https://www.notguiltyattorneys.com/addiction-should-not-be-treated-as-voluntary-intoxication/): The American criminal justice system makes a point of punishing people more if they intentionally do something that breaks the... - [The Intoxication and Mens Rea Defense in Maine](https://www.notguiltyattorneys.com/the-intoxication-defense-in-maine/): Intoxication can impact mens rea in Maine criminal cases, potentially affecting intent and culpability. See if this defense may apply to you. - [Your Car Can Be Seized If You Get Convicted for OUI in Maine](https://www.notguiltyattorneys.com/your-car-can-be-seized-if-you-get-convicted-for-oui-in-maine/): If you get pulled over for operating under the influence (OUI) in the state of Maine, you could face criminal... - [Report Shows How Bad Civil Asset Forfeiture Has Become](https://www.notguiltyattorneys.com/report-shows-how-bad-civil-asset-forfeiture-has-become/): In one of our recent blog posts, we discussed how several politicians in Congress were finally pushing for civil forfeiture... - [When Handcuffs Do Not Put You in Custody](https://www.notguiltyattorneys.com/when-handcuffs-do-not-put-you-in-custody/): In a pair of last year’s blog posts, we talked about Miranda warnings, and how they’re only required after you’ve... - [What's the Difference Between Gross Sexual Assault & Unlawful Sexual Touching in Maine?](https://www.notguiltyattorneys.com/what-is-the-difference-between-gross-sexual-assault-and-unlawful-sexual-touching-maine/): Whether you've been charged with gross sexual assault or unlawful sexual touching in Maine, both are serious crimes. Call before it's too late. - [Poorly-Calibrated Breath Test Machines Throw Thousands of Massachusetts Cases into Doubt](https://www.notguiltyattorneys.com/poorly-calibrated-breath-test-machines-throw-thousands-of-massachusetts-cases-into-doubt/): If you get pulled over by a police officer in Maine who suspects you’re operating under the influence (OUI), you’ll... - [Unreasonable Seizures After the Legal Process Has Begun: Manuel v. City of Joliet](https://www.notguiltyattorneys.com/unreasonable-seizures-after-the-legal-process-has-begun-manuel-v-city-of-joliet/): The Supreme Court has finally made it official: The Fourth Amendment prohibits unreasonable seizures, even if they happen after the... - [Congress Finally Considers Curbing Civil Forfeiture Abuse](https://www.notguiltyattorneys.com/congress-finally-considers-curbing-civil-forfeiture-abuse/): If you get arrested for a crime, police have the ability to confiscate any property of yours that they claim... - [Should You Testify in Your Own Defense?](https://www.notguiltyattorneys.com/should-you-testify-in-your-own-defense/): If you’re facing a criminal charge in the state of Maine, whether it be for operating under the influence (OUI),... - [Department of Justice to Strictly Enforce Federal Drug Law](https://www.notguiltyattorneys.com/department-of-justice-to-strictly-enforce-federal-drug-law/): While policy decisions from the White House have been vague or difficult to follow, the new statement on the enforcement... - [How Police Stretch the Scope of a Permissible Search](https://www.notguiltyattorneys.com/how-police-stretch-the-scope-of-a-permissible-search/): The scope of a police officer’s search might not seem like something you should have to care very much about.... - [Supreme Court Throws Out Verdict for Racial Bias](https://www.notguiltyattorneys.com/supreme-court-throws-out-verdict-for-racial-bias/): One of the most important parts of the criminal justice system in America is the jury system. By leaving the... - [Why Maine v. Boyd Is Not a Game-Changer](https://www.notguiltyattorneys.com/why-maine-v-boyd-is-not-a-game-changer/): In our last blog post, we discussed a new case from the Maine Supreme Court dealing with operating under the... - [OUI Case Focuses on What Consent Means](https://www.notguiltyattorneys.com/oui-case-focuses-on-what-consent-means/): If you get pulled over and arrested for operating under the influence (OUI) in Maine, you’ll probably get brought to... - [Utah Lowers Legal Limit for Drunk Driving](https://www.notguiltyattorneys.com/utah-lowers-legal-limit-for-drunk-driving/): The state of Utah is plowing ahead with a huge change to their law dealing with operating under the influence... - [When Collateral Consequences Go Too Far: Social Media Prohibitions](https://www.notguiltyattorneys.com/when-collateral-consequences-go-too-far-social-media-prohibitions/): Being convicted of a crime – especially a serious crime like sexual assault – can come with significant penalties. These... - [How New Immigration Guidelines Obliterate Probable Cause](https://www.notguiltyattorneys.com/how-new-immigration-guidelines-obliterate-probable-cause/): In our last blog post, we pointed out how the newest immigration orders from the current administration could impact U.... - [The 13th Amendment: A Documentary About Our Failing Criminal Justice System](https://www.notguiltyattorneys.com/13th-a-documentary-about-our-failing-criminal-justice-system/): Issues in our criminal justice system have become a heated discussion in recent years. Problems like police brutality and the... - [Are Sex Crimes Misdemeanors or Felonies in Maine?](https://www.notguiltyattorneys.com/are-sex-crimes-misdemeanors-or-felonies-maine/): Explore the Classification of sex crimes in Maine and gain insight into whether they are misdemeanors or Felonies. Call for help now! - [Complexities in Maine's Shoplifting Law](https://www.notguiltyattorneys.com/complexities-in-maines-shoplifting-law/): We all know that shoplifting is a crime. However, what many people don’t know is that you can be accused... - [Self-Incrimination, Testimonial Evidence, and OUI Charges](https://www.notguiltyattorneys.com/self-incrimination-testimonial-evidence-and-oui-charges/): In our recent blog posts, we’ve delved into some of the details of the Fifth Amendment’s self-incrimination clause. While the... - [Testimonial Evidence, Fingerprints, and Self-Incrimination Rights](https://www.notguiltyattorneys.com/testimonial-evidence-fingerprints-and-self-incrimination-rights/): The Fifth Amendment’s self-incrimination clause, as we discussed in our last blog post, only applies to “testimonial” evidence. This distinction... - [Self-Incrimination Rights and the Trainwreck of Testimonial Evidence](https://www.notguiltyattorneys.com/self-incrimination-rights-and-the-trainwreck-of-testimonial-evidence/): The Fifth Amendment covers a lot of ground, guaranteeing you a lot of different rights. One of these is your... - [Self-Incrimination and Written Documents](https://www.notguiltyattorneys.com/self-incrimination-and-written-documents/): The Fifth Amendment guarantees a lot of rights to people who are being investigated for a crime. While law enforcement... - [A Witnesses' Self-Incrimination Rights](https://www.notguiltyattorneys.com/a-witnesses-self-incrimination-rights/): You have a right to not be forced to say something that could incriminate yourself for a crime. This is... - [The Right Against Self-Incrimination and Why We Have It](https://www.notguiltyattorneys.com/the-right-against-self-incrimination-and-why-we-have-it/): If you’re being investigated for a crime in the state of Maine, the Constitution of the United States gives you... - [Court Reins in Prosecutors in Massachusetts Evidence Tampering Case](https://www.notguiltyattorneys.com/court-reins-in-prosecutors-in-massachusetts-evidence-tampering-case/): In today’s professional world, it is often a struggle just to tread water, let alone get ahead. However, just because... - [How the Police Can Manipulate Your Possible Sentence Even Before Your Trial](https://www.notguiltyattorneys.com/how-the-police-can-manipulate-your-possible-sentence-even-before-your-trial/): When the police investigate a suspected crime, how they conduct their investigation can have a huge impact on what they... - [Is Shoplifting a Misdemeanor or a Felony?](https://www.notguiltyattorneys.com/is-shoplifting-a-misdemeanor-or-a-felony/): Is shoplifting a felony or a misdemeanor? Shoplifting in and of itself is a crime of theft, and theft can... - [New Immigration Orders Spell Trouble for Everyone](https://www.notguiltyattorneys.com/new-immigration-orders-spell-trouble-for-everyone/): After running his campaign on a strict immigration policy, President Donald Trump has wasted little time in rolling out new... - [Eighth Amendment and the Flaw of Legislative Deference](https://www.notguiltyattorneys.com/eighth-amendment-and-the-flaw-of-legislative-deference/): In several of our recent blog posts, we’ve gone over a recent case that came out of the same federal... - [What to do if Charged with Shoplifting](https://www.notguiltyattorneys.com/what-to-do-if-charged-with-shoplifting/): You’ve been charged with shoplifting. What’s going to happen next? The first and best piece of advice I can give... - [Scary Developments in Minnesota's IID Law](https://www.notguiltyattorneys.com/scary-developments-in-minnesotas-iid-law/): The fiasco in Minnesota involving ignition interlock devices (IIDs) for people convicted for operating under the influence (OUI) took a... - [Eighth Amendment Trounced in Drug and Firearm Case](https://www.notguiltyattorneys.com/eighth-amendment-trounced-in-drug-and-firearm-case/): Getting convicted for a crime is a life-changing event. However, just how life-changing it can be is determined in the... - [Senator Sessions Vague on Federal Marijuana Enforcement](https://www.notguiltyattorneys.com/senator-sessions-vague-on-federal-marijuana-enforcement/): Out of all of the cabinet appointments that president-elect Donald Trump has made, none is more important to the freedom... - [Department of Justice Weighs in on Eyewitness Identifications](https://www.notguiltyattorneys.com/department-of-justice-weighs-in-on-eyewitness-identifications/): In a refreshing sign of the times, the Justice Department’s Deputy Attorney General Sally Yates released a memo on how... - [What Makes a Crime a Hate Crime?](https://www.notguiltyattorneys.com/what-makes-a-crime-a-hate-crime/): Especially in the recent weeks, we’ve been hearing a lot about hate crimes. However, exactly what constitutes a hate crime... - [What is Driving to Endanger in Maine?](https://www.notguiltyattorneys.com/what-is-driving-to-endanger-in-maine/): In Maine, driving to endanger is a class E offense is a serious charge that can lead to fines and possible jail time. Call us for help now. - [Study Finding OUI Numbers at New Low Based on Faulty Stats](https://www.notguiltyattorneys.com/study-finding-oui-numbers-at-new-low-based-on-faulty-stats/): A new report by the Federal government says that the drunk driving rate in the United States has fallen to... - [How to Stay Safe on New Year's Eve](https://www.notguiltyattorneys.com/how-to-stay-safe-on-new-years-eve/): New Year’s is one of the most exciting times in the year. This is especially true after such a rough... - [Operating Under the Influence of Caffeine](https://www.notguiltyattorneys.com/operating-under-the-influence-of-caffeine/): Many people think that the only way to get charged for operating under the influence (OUI) in Maine is to... - [A Rogue One: Juror Misconduct Leads to Mistrial](https://www.notguiltyattorneys.com/a-rogue-one-juror-misconduct-leads-to-mistrial/): One of the things that courtroom dramas and movies don’t capture about a trial is how structured and controlled they... - [Finding the Evidence You Need: The Brady Rule](https://www.notguiltyattorneys.com/finding-the-evidence-you-need-the-brady-rule/): One of the problems of living in a country with an adversarial justice system, rather than an inquisitorial one, is... - [Criminal Justice in Other Countries: The Inquisitorial System](https://www.notguiltyattorneys.com/criminal-justice-in-other-countries-the-inquisitorial-system/): Anyone who has watched a courtroom drama like Law and Order on TV has a basic understanding of how the... - [Your Rights Don't Protect Themselves: Death Penalty Case in Alabama](https://www.notguiltyattorneys.com/your-rights-dont-protect-themselves-death-penalty-case-in-alabama/): When the United States declared its independence from Britain, they created a new country. The rules for that new country... - [Searches, Privacy, and the Fourth Amendment](https://www.notguiltyattorneys.com/searches-privacy-and-the-fourth-amendment/): As a citizen of the United States, the Constitution guarantees you numerous rights. On a daily basis, the most important... - [How the Supreme Court's Insider Trading Ruling Can Impact You](https://www.notguiltyattorneys.com/how-the-supreme-courts-insider-trading-ruling-can-impact-you/): The Supreme Court of the United States just expanded what it means to commit white collar crime by using insider... - [What to do if I'm Charged with a Drug Crime?](https://www.notguiltyattorneys.com/what-to-do-if-im-charged-with-a-drug-crime/): If you have been charged with a crime of possession of drugs, there may be programs available to you to... - [Road Fatalities Up Nationwide: Economy Most Likely Factor](https://www.notguiltyattorneys.com/road-fatalities-up-nationwide-economy-most-likely-factor/): Advocacy groups that are against drunk driving, like Mothers Against Drunk Driving (MADD), often insist that their efforts are far... - [Minnesota's Ignition Interlock Device Rule Likely Violates Fourth Amendment](https://www.notguiltyattorneys.com/minnesotas-ignition-interlock-device-rule-likely-violates-fourth-amendment/): A recent development out of Minnesota shows how the witch hunt for drunk drivers can infringe on your constitutional rights,... - [How Attorney General Sessions Could Impact Maine](https://www.notguiltyattorneys.com/how-attorney-general-sessions-could-impact-maine/): It’s always hard to say just how much a new federal official in a high-level office will change how things... - [Study Ranking States By Safe Drivers Has Flaws](https://www.notguiltyattorneys.com/study-ranking-states-by-safe-drivers-has-flaws/): A new study aiming to settle, once and for all, where the nation’s worst drivers are not only managed to... - [The Holes in MADD's Newest State Report](https://www.notguiltyattorneys.com/the-holes-in-madds-newest-state-report/): The Mothers Against Drunk Driving (MADD) recently released their 2016 State Report, detailing how well each state in the U.... - [Connecticut Police Sued for Fabricating Charges and Evidence](https://www.notguiltyattorneys.com/connecticut-police-sued-for-fabricating-charges-and-evidence/): A developing situation out of Connecticut showcases just how important it is to know your rights, and just how willing... - [How West Virginia's Decision Can Impact Maine's OUI Laws](https://www.notguiltyattorneys.com/how-west-virginias-decision-can-impact-maines-oui-laws/): In our last blog post, we discussed how West Virginia had just joined California as one of the states where... - [West Virginia Convicts Man for Driving Drunk on Private Property](https://www.notguiltyattorneys.com/west-virginia-convicts-man-for-driving-drunk-on-private-property/): It seems like basic logic that the state police can only pull you over and arrest you for operating under... - [How Witnesses Work in OUI Cases](https://www.notguiltyattorneys.com/how-witnesses-work-in-oui-cases/): If you get pulled over in the state of Maine, arrested, and charged with operating your vehicle under the influence... - [Conditional Licenses Can Be Lost Even If You Didn't Drink](https://www.notguiltyattorneys.com/conditional-licenses-can-be-lost-even-if-you-didnt-drink/): If you’ve been recently convicted of operating a vehicle while under the influence of alcohol (OUI), then you probably had... - [Does an OUI Show Up on a Background Check in Maine?](https://www.notguiltyattorneys.com/does-oui-show-up-on-maine-background-check/): An OUI conviction in Maine is permanent and will show up on background checks, impacting jobs, housing, and more. Call us for help now. - [Ponzi Schemes, and Why They're Illegal](https://www.notguiltyattorneys.com/ponzi-schemes-and-why-theyre-illegal/): One type of business that is always illegal in Maine are Ponzi schemes. Here's why Ponzi Schemes are a unique type of white collar crime. - [New Survey Published on BAC Refusal Rate](https://www.notguiltyattorneys.com/new-survey-published-on-bac-refusal-rate/): Maine has an implied consent law that levies an automatic license suspension on anyone who refuses a police officer’s request... - [Supreme Court Weighs in on Implied Consent Crimes](https://www.notguiltyattorneys.com/supreme-court-weighs-in-on-implied-consent-crimes/): When it comes to the grand scheme of Maine’s operating under the influence (OUI) laws, implied consent rules serve a... - [Implied Consent Laws Have Grown So Harsh They Implicate Your Fourth Amendment Rights](https://www.notguiltyattorneys.com/implied-consent-laws-have-grown-so-harsh-they-implicate-your-fourth-amendment-rights/): In one of our latest blog posts, we covered why we have implied consent laws in Maine. In short, implied... - [Why We Have an Implied Consent Law](https://www.notguiltyattorneys.com/why-we-have-an-implied-consent-law/): There are a lot of laws on the books in Maine that, on first inspection, seem to be there for... - [Maine's New $300,000 Mobile OUI Lab is a Waste](https://www.notguiltyattorneys.com/maines-300000-mobile-oui-lab-waste/): It seems that the state of Maine has endless financial resources to combat drunk driving. Unfortunately, all of that money... - [Obama Commutes Record Number of Federal Drug Sentences](https://www.notguiltyattorneys.com/obama-commutes-record-number-of-federal-drug-sentences/): During his time in office, President Obama has taken an increased interest in the plight of America’s criminal justice system.... - [Statistics Show that Stop and Frisk Does Not Work](https://www.notguiltyattorneys.com/statistics-show-that-stop-and-frisk-does-not-work/): During the recent presidential debate, Republican nominee Donald Trump brought up the police tactic of stopping and frisking a suspect,... - [What Does OUI Mean?](https://www.notguiltyattorneys.com/what-does-oui-mean/): In Maine, OUI means Operating Under the Influence, and that’s a motor vehicle. We’re not talking about watercraft, which is... - [Courts Have Declared New York's Stop and Frisk Policy Unconstitutional](https://www.notguiltyattorneys.com/courts-have-declared-new-yorks-stop-and-frisk-policy-unconstitutional/): Presidential nominee Donald Trump made some headlines recently when, during the first presidential debate of the campaign, he said that... - [Can you own a gun with a domestic violence charge in Maine?](https://www.notguiltyattorneys.com/can-you-own-a-gun-with-a-domestic-violence-charge-in-maine/): If you're charged with domestic violence & have questions with your rights to own a firearm in Maine, call The Maine Criminal Defense Group. - [What is the Average Jail Sentence for Domestic Violence in Maine?](https://www.notguiltyattorneys.com/what-is-the-average-jail-sentence-for-domestic-violence-in-maine/): Learn about jail sentencing for domestic violence in Maine, including probation periods & potential extended jail time for non-compliance. - [Why Trump Is Wrong When He Says Stop and Frisk Is Constitutional](https://www.notguiltyattorneys.com/why-trump-is-wrong-when-he-says-stop-and-frisk-is-constitutional/): With yet another presidential election just around the corner, we’re being bombarded with the campaign promises from both candidates and... - [Court Expands Who Can Consent to a Search](https://www.notguiltyattorneys.com/court-expands-who-can-consent-to-a-search/): A recent case from Illinois ended with the appellate court deeming that someone could legally consent to a police search... - [Fleeing from Police a Reasonable Response in Massachusetts](https://www.notguiltyattorneys.com/fleeing-from-police-a-reasonable-response-in-massachusetts/): The highest court in neighboring Massachusetts made a potentially huge statement in one of its most recent cases, ruling that... - [Engineers Build Device that Might Change Drugged Driving Investigations](https://www.notguiltyattorneys.com/engineers-build-device-that-might-change-drugged-driving-investigations/): Even though operating under the influence (OUI) is often thought of as another way of saying “drunk driving,” in reality... - [Braintree Police Department Mishandles Evidence](https://www.notguiltyattorneys.com/braintree-police-department-mishandles-evidence/): Once again, a Massachusetts police force is having problems with its own internal procedures for handling evidence, resulting in numerous... - [What Happens When a Criminal Law is Too Vague to Understand?](https://www.notguiltyattorneys.com/what-happens-when-a-criminal-law-is-too-vague-to-understand/): Before a criminal law is made or modified, it goes through a long and supposedly arduous process in the Maine... - [Privacy Should Not Require Secrecy: The Decline of the Third Party Doctrine?](https://www.notguiltyattorneys.com/privacy-should-not-require-secrecy-the-decline-of-the-third-party-doctrine/): As our recent blog posts have made clear, the protections that the Fourth Amendment offers to American citizens has serious... - [How Police Can See Your Internet History](https://www.notguiltyattorneys.com/how-police-can-see-your-internet-history/): One of the biggest ways that law enforcement can get around your Fourth Amendment rights is by gathering evidence without... - [Police Can Track Who You Call on Your Phone](https://www.notguiltyattorneys.com/police-can-track-who-you-call-on-your-phone/): One of the most important Amendments to the United States Constitution, especially when it comes to your rights as a... - [Police Can Search Your Trash Without Infringing on Your Rights](https://www.notguiltyattorneys.com/police-can-search-your-trash-without-infringing-on-your-rights/): The Fourth Amendment prohibits searches and seizures that are unreasonable. While a lot of work as a criminal defense attorney... - [When a Search is Not a Search: The Third Party Doctrine](https://www.notguiltyattorneys.com/when-a-search-is-not-a-search-the-third-party-doctrine/): One of the trickier things about the Fourth Amendment’s prohibition of “unreasonable searches and seizures” is whether an act by... - [When Police Don't Need a Warrant](https://www.notguiltyattorneys.com/when-police-dont-need-a-warrant/): Knowing your rights during a police investigation can make a huge difference in the outcome. Always keep in mind that... - [You Have a Right to an Attorney During These "Critical Stages" of the Process](https://www.notguiltyattorneys.com/you-have-a-right-to-an-attorney-during-these-critical-stages-of-the-process/): If you ever get charged with a crime, the Fifth Amendment guarantees your right to have an attorney represent and... - [What Is the Difference Between a Statute and a Case?](https://www.notguiltyattorneys.com/what-is-the-difference-between-a-statute-and-a-case/): The legal system is a confusing place, especially for people who did not go to law school or extensively study... - [Why Do We Have Criminal Laws?](https://www.notguiltyattorneys.com/why-do-we-have-criminal-laws/): Because it’s such a big part of our lives, it can be easy to just assume that having a criminal... - [Michigan Allows Saliva Testing for Drugged Driving; Why It Won't Work](https://www.notguiltyattorneys.com/michigan-allows-saliva-testing-for-drugged-driving-why-it-wont-work/): Different states all have their own sets of criminal laws, and their own ways of enforcing them. That’s why, while... - [How do Police Get Search Warrants?](https://www.notguiltyattorneys.com/how-do-police-get-search-warrants/): We’ve talked a lot about warrantless searches previously. Police can conduct a search for evidence of a crime without a... - [Your Privacy Expectations During an OUI Investigation](https://www.notguiltyattorneys.com/your-privacy-expectations-during-an-oui-investigation/): In our last blog post, we discussed a recent issue that has come up in South Dakota, where police are... - [South Dakota Forcing Urine Samples, Using Catheters](https://www.notguiltyattorneys.com/south-dakota-forcing-urine-samples-using-catheters/): When it comes to investigating drug crimes, police can be very pushy. They tend to be overly concerned with the... - [Your Rights When You're Visiting Someone Else](https://www.notguiltyattorneys.com/your-rights-when-youre-visiting-someone-else/): When police are investigating a potential crime, they have a lot of tools at their disposal. One of the most... - [Courts Allow Verdicts That Are Inconsistent With Each Other](https://www.notguiltyattorneys.com/courts-allow-verdicts-that-are-inconsistent-with-each-other/): One thing that often surprises people who get arrested for something is how many crimes they end up being charged... - [Right to a unanimous Verdict is not what it seems](https://www.notguiltyattorneys.com/your-right-to-a-unanimous-verdict-is-not-what-it-seems/): Maine's unanimous verdict law has evolved, shaping how jury decisions are made. Learn how legal interpretations impact criminal cases. - [What, Exactly, Is a Plea Discussion?](https://www.notguiltyattorneys.com/what-exactly-is-a-plea-discussion/): In a recent blog post, we talked about how things that you say during a plea discussion cannot be used... - [Grand Juries in Maine](https://www.notguiltyattorneys.com/grand-juries-in-maine/): If you’re being investigated for a crime, or even after you’ve been arrested for one, there are a lot of... - [What You Say During a Plea Discussion Stays There](https://www.notguiltyattorneys.com/what-you-say-during-a-plea-discussion-stays-there/): Because we live in a country that relies on an adversarial system of criminal justice, you can count on law... - [How Police Look for Evidence: Pretextual Searches](https://www.notguiltyattorneys.com/how-police-look-for-evidence-pretextual-searches/): For police to search you for evidence or arrest you for a crime, they need a search warrant or an... - [Photo Arrays and How Criminal Defense Attorneys Can Help](https://www.notguiltyattorneys.com/photo-arrays-and-how-criminal-defense-attorneys-can-help/): In our last blog post, we recounted how law enforcement could easily manipulate eyewitnesses to make them give damning testimony... - [How Eyewitnesses Identifications Can Be Manipulated](https://www.notguiltyattorneys.com/how-eyewitnesses-identifications-can-be-manipulated/): In a recent blog post, we asked one of the most important questions in criminal law today: How reliable are... - [How Problems with Custody Can Impact Your Miranda Warning](https://www.notguiltyattorneys.com/how-problems-with-custody-can-impact-your-miranda-warning/): In one of our recent blog posts, we covered Miranda warnings and your right to remain silent when questioned by... - [2 Shootings in 2 Days: The Use of Force by Police is Overwhelming](https://www.notguiltyattorneys.com/2-shootings-in-2-days-the-use-of-force-by-police-is-overwhelming/): In the span of less than a week, we’ve had two more instances of police officers unjustifiably pulling the trigger... - [How Reliable are Eyewitnesses?](https://www.notguiltyattorneys.com/how-reliable-are-eyewitnesses/): Let’s say you get arrested for a crime. Police claim that you robbed a convenience store at gunpoint. There were... - [Invoking and Waiving Your Right to an Attorney](https://www.notguiltyattorneys.com/invoking-and-waiving-your-right-to-an-attorney/): In one of our recent blog posts, we went over how both the Fifth Amendment and the Sixth Amendment gave... - [How the Supreme Court's Decision in Utah v. Strieff Is Wrong](https://www.notguiltyattorneys.com/how-the-supreme-courts-decision-in-utah-v-strieff-is-wrong/): In our last blog post, we started talking about a recent Supreme Court case that made a massive expansion to... - [Supreme Court Case Deals With Exception to the Exclusionary Rule](https://www.notguiltyattorneys.com/supreme-court-case-deals-with-exception-to-the-exclusionary-rule/): In many of our recent blog posts, we’ve talked about the exclusionary rule and the Fourth Amendment. The Fourth Amendment... - [Objections in Court: Relevant Versus Prejudicial Evidence](https://www.notguiltyattorneys.com/objections-in-court-relevant-versus-prejudicial-evidence/): If you’ve ever watched a courtroom drama or TV show like Law and Order, then you’ve seen at least a... - [When You Have a Right to an Attorney, and Where That Right Comes From](https://www.notguiltyattorneys.com/when-you-have-a-right-to-an-attorney-and-where-that-right-comes-from/): In our last blog post, we covered how state constitutions can protect the same individual rights that the United States... - [State Constitutions Protect Your Rights, Too](https://www.notguiltyattorneys.com/state-constitutions-protect-your-rights-too/): One of the biggest jobs of a criminal defense attorney is to protect you from unreasonable searches, or improper seizures.... - [Supreme Court to Look at Two Death Penalty Cases](https://www.notguiltyattorneys.com/supreme-court-to-look-at-two-death-penalty-cases/): The Supreme Court of the United States is a very unique court in our country. Unlike the other courts, the... - [OUI Charges and Your Right to a Trial By Jury](https://www.notguiltyattorneys.com/oui-charges-and-your-right-to-a-trial-by-jury/): Just like in any other state, Maine has a lot of armchair constitutional scholars. These are people who may have... - [What to do If There's a Warrant for Your Arrest in Maine](https://www.notguiltyattorneys.com/if-theres-a-warrant-for-your-arrest-what-should-you-do/): If you hear that there's an arrest warrant for you in Maine then you don't have much time to act. Contact our experienced lawyers today. - [Your Right to Remain Silent, and Miranda Warnings](https://www.notguiltyattorneys.com/your-right-to-remain-silent-and-miranda-warnings/): In several of our recent blogs posts, we’ve gone over the exclusionary rule and have touched on some of your... - [Voir Dire and Your Fourteenth Amendment Rights](https://www.notguiltyattorneys.com/voir-dire-and-your-fourteenth-amendment-rights/): If you are being charged with a crime, or are currently undergoing a trial for that charge, or even if... - [Your Right to a Speedy Trial Ends Before Sentencing in Maine](https://www.notguiltyattorneys.com/your-right-to-a-speedy-trial-ends-before-sentencing/): When courts look at the criminal process, they see three distinct stages: Investigation, trial, and sentencing. The investigation stage lasts... - [Violations of Your Sixth Amendment Rights Can Also Exclude Evidence](https://www.notguiltyattorneys.com/violations-of-your-sixth-amendment-rights-can-also-exclude-evidence/): In one of our recent blog posts, we went over a legal doctrine called fruit of the poisonous tree. This... - [How Police Can Violate Your Rights, and Still Use the Evidence They Find](https://www.notguiltyattorneys.com/how-police-can-violate-your-rights-and-still-use-the-evidence-they-find/): In a couple of our recent blog posts, we covered the exclusionary rule, and how it can be a great... - [The Exclusionary Rule and Its Limitations](https://www.notguiltyattorneys.com/the-exclusionary-rule-and-its-limitations/): William Bly has used the exclusionary rule for criminal defendants numerous times in the past to defend his clients against criminal charges. - [The Fruit of the Poisonous Tree and How It Can Help Fight a Criminal Charge](https://www.notguiltyattorneys.com/the-fruit-of-the-poisonous-tree-and-how-it-can-help-fight-a-criminal-charge/): They might not want you to believe it, but the fact is that the police can break the law. In... - [The Difficult Fight Against the Federal Sentencing Guidelines](https://www.notguiltyattorneys.com/the-difficult-fight-against-the-federal-sentencing-guidelines/): While it might seem like a mere detail, the difference between being charged for a state crime and a federal... - [The Driver License Compact Can Raise Complexities](https://www.notguiltyattorneys.com/the-driver-license-compact-can-raise-complexities/): There are lots of ways to break the law that involve how you use your car. Luckily, many of them... - [How You Can be Charged with a Federal Crime](https://www.notguiltyattorneys.com/how-you-can-be-charged-with-a-federal-crime/): One of the many legal issues that can cause confusion for non-lawyers is the fact there are 50 states and... - [How Attorneys Fight for You By Suspending Your Sentence](https://www.notguiltyattorneys.com/how-attorneys-fight-for-you-by-suspending-your-sentence/): If you are facing a criminal charge, it’s important to remember that a conviction or a guilty plea is not... - [Defending Against a Criminal Speeding Charge in Maine](https://www.notguiltyattorneys.com/defending-against-criminal-speeding-charges-maine/): Criminal speeding charges in Maine can lead to severe penalties. Learn your options and build a strong defense with our help. Call us. - [Go to Trial: Crash the System](https://www.notguiltyattorneys.com/go-to-trial-crash-the-system/): Earlier today, the NY Times published an article about criminal defendant’s 6th Amendment right to jury trial and the need... - [The Power of a Burden of Proof](https://www.notguiltyattorneys.com/the-power-of-a-burden-of-proof/): The world of the law can be a fascinating and complex place. There are plenty of words and phrases –... - [FBI Breaks Into iPhone, but Privacy Issue Far From Moot](https://www.notguiltyattorneys.com/fbi-breaks-into-iphone-but-privacy-issue-far-from-moot/): In the aftermath of the December 2, 2015 terrorist attacks in San Bernadino, California – where 14 people were killed... - [How Character Witnesses Can Help](https://www.notguiltyattorneys.com/how-character-witnesses-can-help/): If you get arrested and charged with a crime and you hire a criminal defense attorney, the focus of your... - [Talking to Police Is Risky, Even If You Haven't Done Anything Wrong](https://www.notguiltyattorneys.com/talking-to-police-is-risky-even-if-you-havent-done-anything-wrong/): The police have a hard job. Every day, they’re responsible for keeping the people in their communities safe. However, in... - [Attorney William T. Bly Named One of Maine's 10 Best Criminal Defense Lawyers](https://www.notguiltyattorneys.com/attorney-william-t-bly-named-one-of-maines-10-best-criminal-defense-lawyers/): William T. Bly: One of Maine’s Top Criminal Defense and OUI Attorneys With over 30 years of legal experience and... - [Stretching the Long Arm of the Law: FBI Tries to Compel Apple to Break Into Suspect's Phone](https://www.notguiltyattorneys.com/stretching-the-long-arm-of-the-law-fbi-tries-to-compel-apple-to-break-into-suspects-phone/): On December 2, 2015, two armed assailants attacked a holiday party at the San Bernadino County Department of Health, in... - [The Horizontal Gaze Nystagmus Test in Maine](https://www.notguiltyattorneys.com/the-horizontal-gaze-nystagmus-test/): When a police officer thinks that you’re driving drunk, they’ll pull you over and begin to investigate. Once they have... - [Justice Scalia's Criminal Defense Legacy](https://www.notguiltyattorneys.com/justice-scalias-criminal-defense-legacy/): Even if you’re not a lawyer, you’ve heard by now that Justice Scalia, one of the members of the United... - [The Long-Term Impact of Criminal Cases](https://www.notguiltyattorneys.com/the-long-term-impact-of-criminal-cases/): Criminal cases have a habit of not going away quickly. Even after the arrest, the investigation, the trial, and either... - [How the Criminal Justice System Works, from Arrest to Trial](https://www.notguiltyattorneys.com/how-the-criminal-justice-system-works-from-arrest-to-trial/): Many people are fortunate enough to only understand the criminal justice system through TV shows and the news. Because they’ve... - [Why I Litigate OUI Cases](https://www.notguiltyattorneys.com/why-i-litigate-oui-cases/): In Maine, every OUI case has the potential for a positive resolution if the attorney has the necessary skill set.... - [Standards and Burdens of Proof, and the Meaning of "Beyond a Reasonable Doubt"](https://www.notguiltyattorneys.com/standards-and-burdens-of-proof-and-the-meaning-of-beyond-a-reasonable-doubt/): If you read any legal blog out there, including this one, or watch legal shows on TV like Law &... - [Strict Liability Crimes](https://www.notguiltyattorneys.com/strict-liability-crimes/): In several of our recent blog posts, we covered what are called “mens rea” crimes – crimes that require you... - [Maine's Castle Doctrine](https://www.notguiltyattorneys.com/maines-castle-doctrine/): There are few situations more terrifying or intense than being attacked by someone else. Having to resort to using force... - [Getting Your Drivers License Back After an OUI in Maine](https://www.notguiltyattorneys.com/getting-your-drivers-license-reinstated-after-conviction-for-dui-in-maine/): Learn how to reinstate your driver's license in Maine after a DUI conviction. Learn about DEEP requirements & ignition interlock options. - [Predictive Policing and Its Similarity to Movies](https://www.notguiltyattorneys.com/predictive-policing-similar-to-movies/): Discover how predictive policing in Maine raises concerns about fairness, privacy, and potential bias in law enforcement practices. - [Maine OUI Charge With an Out-of-State License](https://www.notguiltyattorneys.com/maine-oui-charge-with-an-out-of-state-license/): As if the criminal process for operating under the influence (OUI) wasn’t already complex enough, with its administrative and criminal... - [Arrests and Convictions Are Not the Same Thing](https://www.notguiltyattorneys.com/arrests-and-convictions-are-not-the-same-thing/): Not everyone can know all there is to understand about the law. There’s so much out there to understand, that... - [The Numerous Ways of Committing Prescription Drug Fraud](https://www.notguiltyattorneys.com/the-numerous-ways-of-committing-prescription-drug-fraud/): Prescription drug abuse has been on the rise in America for years, now. While there are some drugs that are... - [Why Maine's Bail Code Fails The Most Vulnerable of Our Society](https://www.notguiltyattorneys.com/why-maines-bail-code-fails-the-most-vulnerable-of-our-society/): In a couple of recent blog posts, we discussed both the basics of bail, and how to post it in... - [The Changing World of Faulty Forensic Science](https://www.notguiltyattorneys.com/the-changing-world-of-faulty-forensic-science/): All different levels of law enforcement, from the Federal Bureau of Investigation (FBI) all the way down to your local... - [Culpable States of Mind in Maine - Recklessness](https://www.notguiltyattorneys.com/culpable-states-of-mind-recklessness/): Maine Criminal law consider a person’s state of mind when determining guilt, ensuring that intent and recklessness impact the severity of a crime. - [Culpable States of Mind - Knowledge](https://www.notguiltyattorneys.com/culpable-states-of-mind-knowledge/): In criminal courts, including Maine’s, what was going through a person’s mind is a crucial part of whether what they... - [Culpable States of Mind - Intent](https://www.notguiltyattorneys.com/culpable-states-of-mind-intent/): In all criminal courts, including Maine’s, a person’s state of mind has been determined to be a crucial part of... - [Maine's Confusing Rape Shield Law](https://www.notguiltyattorneys.com/maines-confusing-rape-shield-law/): One of the many things that criminal defense attorneys have to worry about all the time is evidence. But it... - [What Sandra Bland's Death Says About the Police](https://www.notguiltyattorneys.com/what-sandra-blands-death-says-about-the-police/): It seems like every week now, there’s another person who dies after being roughed around by police. It’s to the... - [When Police Don't Know the Law - Heien v. North Carolina](https://www.notguiltyattorneys.com/when-police-dont-know-the-law-heien-v-north-carolina/): You may have heard the phrase “ignorance of the law is no excuse. ” Just because you aren’t aware that... - [Qualifying Patients and Prescriptions for Medical Marijuana](https://www.notguiltyattorneys.com/qualifying-patients-and-prescriptions-for-medical-marijuana/): In a recent blog post, we took a quick look at Maine’s medical marijuana law, the Maine Medical Marijuana Act... - [Maine's Medical Marijuana Laws - A Quick Overview](https://www.notguiltyattorneys.com/maines-medical-marijuana-laws-a-quick-overview/): Across the country, the medical use of marijuana has become more and more accepted in the community, and Maine is... - [Biking Under the Influence in Maine](https://www.notguiltyattorneys.com/biking-under-the-influence-maine/): If you're facing an OUI while biking charge in Maine, The Maine Criminal Defense Group can navigate the complexities when confronting an OUI. - [Primary Caregivers Under Maine's Medical Marijuana Law](https://www.notguiltyattorneys.com/primary-caregivers-under-maines-medical-marijuana-law/): Lately, in this blog, we’ve been covering the Maine Medical Marijuana Act (MMMA). This piece of legislation is relatively new,... - [Proposed Law Would Focus Drug Enforcement Back on Dealers, Not Users](https://www.notguiltyattorneys.com/proposed-law-would-focus-drug-enforcement-back-on-dealers-not-users/): In a recent blog post, we detailed the wide net of drug trafficking, studying all of the different activities that... - [The SR-22 Insurance Requirements in Maine](https://www.notguiltyattorneys.com/the-sr-22-insurance-requirement-maine/): Like most other states in the U. S. , Maine requires that drivers keep at least a little bit of... - [Per Se Laws and OUIs in Maine](https://www.notguiltyattorneys.com/per-se-laws-and-ouis/): Some laws are “per se” laws. They make something illegal because of what it is, regardless of whether it’s actually... - [Drug Trafficker is Sentenced to 20 Years in Federal Prison](https://www.notguiltyattorneys.com/drug-trafficker-is-sentenced-to-20-years-in-federal-prison/): Andrew Hunter of New Hampshire, was sentenced to 20 years in federal prison for trafficking in cocaine and heroin throughout... - [You Can Be Convicted for OUI, Even With a BAC of Under 0.08%](https://www.notguiltyattorneys.com/you-can-be-convicted-for-oui-even-with-a-bac-of-under-008/): Even if you’ve never been pulled over by a police officer and asked to take field sobriety tests, you’re probably... - [Convicted Murderer Dennis Dechaine Appeals to the Maine Law Court for a New Trial](https://www.notguiltyattorneys.com/convicted-murder-dennis-dechaine-appeals-to-the-maine-law-court-for-a-new-trial/): In 1988, Dennis Dechaine was given a life sentence for the murder and rape of a 12 year-old child, Sarah... - [Maine's Snowmobiling Laws and Minors](https://www.notguiltyattorneys.com/maines-snowmobiling-laws-and-minors/): The laws dictating who can and can’t drive snowmobiles are significantly different from those governing cars. Generally, riding your snowmobile... - [The Dangers of Teen Sexting in Maine](https://www.notguiltyattorneys.com/the-dangers-of-teen-sexting/): The world we grew up in (Maine) isvery different than the world we currently live in. Things that were impossible... - [How to Register Your Snowmobile](https://www.notguiltyattorneys.com/how-to-register-your-snowmobile/): If you want to enjoy Maine’s outdoors during any one of the state’s twelve months of winter, you’ll probably need... - [How Does A Criminal Trial Work in Maine?](https://www.notguiltyattorneys.com/how-does-a-criminal-trial-work/): A Maine criminal trial is the process guaranteed to anyone charged with a crime, but that doesn’t mean one will... - [Former Convicted Felon Gets 16 Years in Federal Prison](https://www.notguiltyattorneys.com/former-convicted-felon-gets-16-years-in-federal-prison/): Former convicted felon, Jerome Hudson, pled guilty to possession of ammunition by a convicted felon earlier this year. The mandatory... - [Hazing in sports and legal ramifications](https://www.notguiltyattorneys.com/hazing-in-sports-and-legal-ramifications/): As a former resident of NJ, I was horrified to learn of the hazing incidents that took place at Sayerville... - [Attorney Anthony Sineni Arrested and Charged with Domestic Violence Assault and other Serious Criminal Charges](https://www.notguiltyattorneys.com/attorney-anthony-sineni-arrested-and-charged-with-domestic-violence-assault-and-other-serious-criminal-charges/): Prominent local Portland criminal defense attorney, Anthony Sineni, was charged over the weekend with Domestic Violence Assault (Class D misdemeanor),... - [15 year-old boy gets sentenced to 25 years to life in federal prison](https://www.notguiltyattorneys.com/15-year-old-boy-gets-sentenced-to-25-years-to-life-in-federal-prison/): Gamers take notice. Your young age will not save you under the 2001 Patriot Act. A 15 year-old was sentenced... - [New Gloucester Maine Woman's Bad Night Gets Worse When She Gets Arrested](https://www.notguiltyattorneys.com/new-gloucester-maine-womans-bad-night-gets-worse-when-she-gets-arrested/): A Gray couple were awoken at 2 a. m. Wednesday when a woman they did not know turned on their... - [Attorney William T. Bly selected by Super Lawyers as a New England Rising Star](https://www.notguiltyattorneys.com/attorney-william-t-bly-selected-by-super-lawyers-as-a-new-england-rising-star/): For the fourth year in a row, Attorney William T. Bly has been selected by Super Lawyers magazine as a... - [Portland Maine Attorney Gary Prohlman Pleads Guilty to Money Laundering](https://www.notguiltyattorneys.com/portland-maine-attorney-gary-prohlman-pleads-guilty-to-money-laundering/): It’s a sad thing to see a local attorney who I’ve always had a great deal of respect for go... - [How Cell Phones Can Cause Mistrials in Maine](https://www.notguiltyattorneys.com/how-cell-phones-can-cause-mistrials-in-maine/): The Seattle Times is reporting a growing problem in criminal courts. As more people become accustomed to using the Internet,... - [Suspects in Casco Robberies Arrested](https://www.notguiltyattorneys.com/suspects-in-casco-robberies-arrested/): Two people in Maine have been arrested for some very serious charges. Earlier this week, 20 year old Dylan McPhee... - [How Pot Legalization in Colorado May Affect Maine](https://www.notguiltyattorneys.com/how-pot-legalization-in-colorado-may-affect-maine/): Marijuana sale in Colorado became legal on January 1, 2014. In response to this, several media outlets report that there... - [Some in Maine Fear New Prescription Drug Will Bring New Abuse Problems](https://www.notguiltyattorneys.com/some-in-maine-fear-new-prescription-drug-will-bring-new-abuse-problems/): Prescription drug abuse is a big problem in Maine. A 2008 report said that Maine was on the top of... - [Victim Impact at Sentencing](https://www.notguiltyattorneys.com/victim-impact-at-sentencing/): When you’ve been convicted in Maine of a crime where a victim was involved, that victim has a right to... - [Heroin Use in Maine a Growing Problem Among Young People](https://www.notguiltyattorneys.com/heroin-use-in-maine-a-growing-problem-among-young-people/): The Portland Press Herald is reporting a growing trend in Maine – heroin use. A recent article explains how heroin... - [Newborns Affected by Prescription Drug Abuse is an “Epidemic” in Maine](https://www.notguiltyattorneys.com/newborns-affected-by-prescription-drug-abuse-is-an-epidemic-in-maine/): In his latest attempt to draw attention and support to the prescription drug abuse problem in Maine, Governor Paul LePage... - [Maine Murderer Seeks New Trial Based on DNA Evidence](https://www.notguiltyattorneys.com/post-119-maine-murderer-seeks-new-trial-based-on-dna-evidence/): Bangor Daily News recently published a story about Dennis Dechaine, a Bowdoinham man who has been serving a life sentence... - [Portland Passes Law to Decriminalize Marijuana](https://www.notguiltyattorneys.com/portland-passes-law-to-decriminalize-marijuana/): One Tuesday, citizens in Portland voted in favor of decriminalizing the possession of small quantities of marijuana for personal use.... - [Police Cite Drug Abuse as the Cause of Much Violent Crime in Maine](https://www.notguiltyattorneys.com/police-cite-drug-abuse-as-the-cause-of-much-violent-crime-in-maine/): According to data provided by the Maine Department of Safety, violent crime in Maine has decreased from 2011 to 2012... - [Maine Police Report an Increase in Heroin Abuse](https://www.notguiltyattorneys.com/maine-police-report-an-increase-in-heroin-abuse/): Governor Paul LePage and Public Safety Commissioner John Morris met with police chiefs and other officials in Westbrook to discuss... - [Big win for the Maine Criminal Defense Bar in recent Law Court case](https://www.notguiltyattorneys.com/big-win-for-the-maine-criminal-defense-bar-in-recent-law-court-case/): A teenager’s hospital confession to texting while driving, which was thought to be the cause of a deadly crash that... - [Maine Woman Arrested for Shoplifting After Concealing Merchandise](https://www.notguiltyattorneys.com/maine-woman-arrested-for-shoplifting-after-concealing-merchandise/): A woman in Bangor was arrested for shoplifting even though she did not take any merchandise out of the store.... - [Governor Calls For More Funding to Fight Drug Abuse in Maine](https://www.notguiltyattorneys.com/governor-calls-for-more-funding-to-fight-drug-abuse-in-maine/): Maine Governor Paul LePage, along with Department of Public Safety Commissioner John Morris announced last Friday that more funding is... - [An Arrest Has Finally Been Made in Lincoln, Maine Burglary Ring](https://www.notguiltyattorneys.com/an-arrest-has-finally-been-made-in-lincoln-maine-burglary-ring/): There have recently been a number of burglaries in Lincoln, ME. In fact, since July there have been about 35... - [Mental Health Patient in Maine Facing Criminal Assault Charges](https://www.notguiltyattorneys.com/mental-health-patient-in-maine-facing-criminal-assault-charges/): When an assault occurs, police look to bring criminal charges on someone regardless of the situation. While this does not... - [Maine Man May Avoid Jail Time For 1,000+ Crimes](https://www.notguiltyattorneys.com/maine-man-may-avoid-jail-time-for-1000-crimes/): Augusta, Maine is receiving national attention for man who has been arrested for committing multiple burglaries and thefts. Known as... - [Additional Policies Suggested to Decrease Maine Prescription Drug Abuse](https://www.notguiltyattorneys.com/additional-polices-suggested-to-decrease-maine-prescription-drug-abuse/): On October 7th, The Trust for America’s House released a report that outlines 10 steps that states can take to... - [Do "Victims" Ever Lie in Maine Domestic Violence Cases?](https://www.notguiltyattorneys.com/do-victims-ever-lie-in-maine-domestic-violence-cases/): So... do “victims” lie to the police in domestic violence assault charges? Hell yes! ! ! Do “victims” lie to... - [What is a "Confrontation Clause" in Maine?](https://www.notguiltyattorneys.com/what-the-hell-is-a-confrontation-clause/): Melendez-Diaz v. Massachusetts... Does the government have to produce a live person or will a piece of paper do? Melendez-Diaz... - [Motion to Suppress Evidence Hearings in Maine](https://www.notguiltyattorneys.com/typical-motion-suppress-evidence-hearing/): Learn how motions to suppress work in Maine criminal cases and what happens if evidence is ruled admissible. Protect your rights. - [Charges Dropped in OUI Case Due to Violation of Constitutional Rights](https://www.notguiltyattorneys.com/charges-dropped-oui-case-due-violation-constitutional-rights/): In a recent case, a client came to the Law Office of William T. Bly after being charged with OUI... - [What Happens When the Jury Says "GUILTY"?](https://www.notguiltyattorneys.com/jury-guilty/): This is an extremely important question and one which causes a lot of trepidation amongst my clients who elect to... - [Solicitation of a Prostitute in Kennbunk](https://www.notguiltyattorneys.com/solicitation-prostitute-kennbunk/): The talk of the town recently concerns the 120+ “johns” and the alleged prostitute who reportedly made over $150,000 during... - [Luke Bryant Manslaughter Conviction](https://www.notguiltyattorneys.com/luke-bryant-manslaughter-conviction/): A young Knox County man was convicted of manslaughter in the shooting death of his best friends. The State argued... - [Don't Talk With The Police](https://www.notguiltyattorneys.com/talk-police/): The number one rule when dealing with the police is DON’T TALK TO THE POLICE! See, it’s a really simple... --- ## Cases - [USA v. CJ](https://www.notguiltyattorneys.com/case-results/usa-v-cj/): Charges: Multiple federal felony counts of Possession of Child Pornography Results: Client pled guilty to a single felony count in... - [State v. SDW](https://www.notguiltyattorneys.com/case-results/state-v-sdw/): Charges: 5 Counts of Felony Tax Evasion, 5 Counts of Failure to File Taxes, 5 Counts of Failure to Pay... - [State v. JN](https://www.notguiltyattorneys.com/case-results/state-v-jn/): Charges: 5 Counts of Class “A” Felony Aggravated Drug Trafficking, 1 Count of Class “B” Felony Drug Trafficking Results: All... - [Secretary of State v. PP](https://www.notguiltyattorneys.com/case-results/secretary-of-state-v-pp/): Charges: Ignition Interlock Device Violation and Suspension Results: Suspension Rescinded following BMV Hearing P. P. , under a 3 year... - [State v. JF](https://www.notguiltyattorneys.com/case-results/state-v-jf/): Charges: DV Assault, Criminal Threatening with a Deadly Weapon, Reckless Conduct with a Firearm Results: NOT GUILTY on all Felony... - [State v. CR](https://www.notguiltyattorneys.com/case-results/state-v-cr/): Charges: OUI Refusal Results: NOT GUILTY following Jury Trial A late-night traffic stop led to OUI charges for our client,... - [State v. RD](https://www.notguiltyattorneys.com/case-results/state-v-rd/): Charges: OUI . 11% Results: Motion to Suppress Granted and Case DISMISSED Client, facing OUI charges, revealed significant medical issues... - [State v. JR](https://www.notguiltyattorneys.com/case-results/state-v-jr/): Charges: OUI with Blood Test Results: NOT GUILTY at Jury Trial Our client faced OUI charges after being wrongly stopped... - [State v. CH](https://www.notguiltyattorneys.com/case-results/state-v-ch/): Charges: Gross Sexual Assault, Unlawful Sexual Contact, Unlawful Sexual Touching Results: HUNG JURY at trial and FULL DISMISSAL of Surviving... - [State v. JT](https://www.notguiltyattorneys.com/case-results/state-v-jt/): Charges: Gross Sexual Assault Results: NOT GUILTY at Trial A hopeful connection turned into a nightmare for our client, accused... - [State v. EG](https://www.notguiltyattorneys.com/case-results/state-v-eg/): Charges: OUI Refusal Results: NOT GUILTY at Trial Our out-of-state client faced OUI charges in Maine after a long workday... - [State v. BA](https://www.notguiltyattorneys.com/case-results/state-v-ba/): Charges: OUI Refusal Results: NOT GUILTY at Trial In this OUI case, our client faced both a BMV hearing and... - [State v. P.P.](https://www.notguiltyattorneys.com/case-results/state-v-p-p/): Nathaniel H. HItchcock Case Results: State v. P. P. Charges: Ignition Interlock Device Violation Maximum Penalty: NA Summary: P. P.... - [State v. D.H.](https://www.notguiltyattorneys.com/case-results/state-v-d-h/): Tom Richard Case Results: State v. J. G. Charges:1 Count of Gross Sexual Assault Maximum Penalty: Up to 30 years... - [State v. J.T.](https://www.notguiltyattorneys.com/case-results/state-v-j-t-3/): William T Bly Case Results: State v. J. T. Charges: Gross Sexual Assault (NOT GUILTY after trial) Maximum Penalty: up... - [State v. J.G.](https://www.notguiltyattorneys.com/case-results/state-v-j-g-tom/): Tom Richard Case Results: State v. J. G. Charges: OUI Refusal (Second Lifetime) Charge: OUI Refusal Maximum Penalty: 364 days... - [State v. J.N.](https://www.notguiltyattorneys.com/case-results/state-v-j-n-tom/): Tom Richard Case Results: State v. J. N. Charges: 5 Counts of Class A Aggravated Trafficking in Scheduled Drugs; 1... - [State v. A.M.](https://www.notguiltyattorneys.com/case-results/state-v-a-m-tom/): Tom Richard Case Results: State v. A. M. Charge: OUI Refusal Maximum Penalty: 364 days in jail; 14-month loss of... - [State v. C.S.](https://www.notguiltyattorneys.com/case-results/state-v-c-s-mikayla/): Mikayla Martin Case Results: State v. C. S. Client was charged with Driving to Endanger after she blew through a... - [State v. A.K.](https://www.notguiltyattorneys.com/case-results/state-v-a-k-mikayla/): Mikayla Martin Case Results: State v. A. K. A. K. had five open dockets for aggravated drug trafficking charges, one... - [State v. R.P.](https://www.notguiltyattorneys.com/case-results/state-v-r-p-mikayla/): Mikayla Martin Case Results: State v. R. P. We received a call from a sergeant from the local police department... - [State v. S.K.](https://www.notguiltyattorneys.com/case-results/state-v-s-k-mikayla/): Mikayla Martin Case Results: State v. S. K. S. K. was charged with operating under the influence – refusal, after... - [State v. E.A.](https://www.notguiltyattorneys.com/case-results/state-v-e-a-mikayla/): Mikayla Martin Case Results: State v. E. A. E. A. had three open dockets. He was charged with theft of... - [State v. J.H.](https://www.notguiltyattorneys.com/case-results/state-v-j-h-nathan/): Nathan Hitchcock Case Results: State v. J. H. The client was charged with multiple counts of burglary, accused of breaking... - [State v. R.H.](https://www.notguiltyattorneys.com/case-results/state-v-r-h-nathan/): Nathan Hitchcock Case Results: State v. R. H. R. H. was charged with operating under the influence with a breath... - [State v. R.M.](https://www.notguiltyattorneys.com/case-results/state-v-r-m-nathan/): Nathan Hitchcock Case Results: State v. R. M. Client was accused of instigating a felony high speed chase with police... - [State v. S.L.D.](https://www.notguiltyattorneys.com/case-results/state-v-s-l-d/): Nathan Hitchcock Case Results: State v. S. L. D. Client was accused of striking their partner in the mouth during... - [State v. B.W.](https://www.notguiltyattorneys.com/case-results/state-v-b-w/): Nathan Hitchcock Case Results: State v. B. W. The client was accused of driving over 100 miles per hour in... - [State v. A.W.](https://www.notguiltyattorneys.com/case-results/state-v-a-w-mark/): Mark Singer Case Results: State v. A. W. AW was being investigating for having sex with a family member while... - [State v. R.R.](https://www.notguiltyattorneys.com/case-results/state-v-r-r/): Mark Singer Case Results: State v. R. R. RR was charged with a single count of Gross Sexual Assault, class... - [State v. C.H.](https://www.notguiltyattorneys.com/case-results/state-v-c-h/): Mark Singer Case Results: State v. C. H. C. H. was charged with 2 counts of Gross Sexual Assault class... - [STATE v. J.L.](https://www.notguiltyattorneys.com/case-results/state-v-j-l-4/): Prior to officers giving their testimony at the hearing, DA offered client a Deferred Disposition with the end result being a dismissal of the OUI & Violation of License Restriction charges in return for a guilty plea to Driving to Endanger. - [State v. V.M.](https://www.notguiltyattorneys.com/case-results/state-v-v-m/): NOT GUILTY following a jury trial. Attorney Hitchcock argued that the term "residing" was nebulous and unenforceable. - [State v. C.R.](https://www.notguiltyattorneys.com/case-results/state-v-c-r-7/): Client appeared to be intoxicated and a bag of "empties" was visible in the bed of client's truck. Found not guilty at trial. Learn more. - [State v. C.V.](https://www.notguiltyattorneys.com/case-results/state-v-c-v-2/): A conviction or BMV suspension of client's license would result in the loss of job and inability to provide for client's child. Deferred Disposition with a Driving to Endanger charge at the end. - [State v. A.G.](https://www.notguiltyattorneys.com/case-results/state-v-a-g-4/): OUI Refusal and felony Reckless Conduct with a Deadly Weapon dismissed. Case resulted in no suspension through the BMV. Learn more. - [STATE v. J.N.](https://www.notguiltyattorneys.com/case-results/state-v-j-n/): Arresting officer did not follow proper protocols to ensure that the gasoline fumes dissipated from the room resulting in the DA dismissig the OUI charge. - [STATE v. H.W.](https://www.notguiltyattorneys.com/case-results/state-v-h-w/): Client would lose his / her job if convicted of the OUI but William Bly successfully negotiated a DTE out of this case. Learn More. - [STATE v. F.F.](https://www.notguiltyattorneys.com/case-results/state-v-f-f/): The officer never medically qualified our client for SFSTs or the breath test. As a result, our client was unable to properly perform the field sobriety tests. - [STATE v. E.Dp.](https://www.notguiltyattorneys.com/case-results/state-v-e-dp/): The State agreed to file the case for 6 months with a dismissal at the end and a filing fee of $100.00. Learn more. - [STATE v. E.C.](https://www.notguiltyattorneys.com/case-results/state-v-e-c/): Due to the serious nature of the charge, our client agreed to a plea deal involving 30 days in jail and one year of probation on a conviction for a misdemeanor criminal threatening. - [STATE v. D.R.](https://www.notguiltyattorneys.com/case-results/state-v-d-r-2/): Successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving to Endanger for a 30 day loss of license and $575.00 fine. - [STATE v. C.C.](https://www.notguiltyattorneys.com/case-results/state-v-c-c-4/): DA agreed to file the case for $300.00 and 6 months. Assuming the client stayed out of trouble, the case would be dismissed after 6 months. - [STATE v. B.M.](https://www.notguiltyattorneys.com/case-results/state-v-b-m-2/): The Maine DA agreed to dismiss the OUI due to lack of evidence of driving under the influence. Learn more. - [STATE v. A.G. - DUI / OUI](https://www.notguiltyattorneys.com/case-results/state-v-a-g-dui-dwi/): By agreement and following a spirited negotiation with the local DA, the case was fully dismissed. Learn more. - [STATE v. A.M. pt. 2](https://www.notguiltyattorneys.com/case-results/state-v-a-m-pt-2/): MCDG won the BMV hearing due to the officer failing to conduct a full 15 minute wait period with DA agreeing to dismiss the OUI. - [BMV v. A.M. pt. 1](https://www.notguiltyattorneys.com/case-results/bmv-v-a-m-pt-1/): Through cross examination of the police officer, we learned he was unsure of whether or not he did a proper mouth check and 15 minute wait period. Learn more. - [STATE v. J.W. pt. 2](https://www.notguiltyattorneys.com/case-results/state-v-j-w-pt-2/): MCG was able to convince the district attorney to place my client on deferred disposition for a DUI habitual offender charge. - [STATE v. P.A.](https://www.notguiltyattorneys.com/case-results/state-v-p-a-2/): The DA agreed to dismiss the charges upon completion of the community service, which had been previously completed. Learn more. - [BMV v. S.C.](https://www.notguiltyattorneys.com/case-results/bmv-v-s-c/): The officer failed to stay in the room with our client the entire time prior to the administration of the breath test for an OUI charge. - [J.D. v. M.H. - PFA](https://www.notguiltyattorneys.com/case-results/j-d-v-m-h-pfa/): While defending criminal charges, a Protection from Abuse Order (PFA) was brought against our client where we challenged the allegations. Learn more. - [STATE v. A.G. - OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-a-g-oui/): Our client was given an OUI while on a golf cart in Maine. We convinced the DA to not charge our client. The case never made it to court. - [STATE v. J.M.](https://www.notguiltyattorneys.com/case-results/state-v-j-m-3/): Our client passed a field sobriety test but was still charged with an OUI. The charge was changed to driving to endanger which was accepted. - [STATE v. J.T.](https://www.notguiltyattorneys.com/case-results/state-v-j-t-2/): Client crashed his car into a stationary vehicle at a red light in Maine. The DA agreed to dismiss the OUI in lou of suspension and a fine. - [STATE v. A.D.](https://www.notguiltyattorneys.com/case-results/state-v-a-d-3/): Client was driving without glasses when pulled over for speeding in Maine but the case was dismissed at the end of the filing period. Read more! - [STATE v. J.W.](https://www.notguiltyattorneys.com/case-results/state-v-j-w-3/): Our client was under the influence of heroin when he was arrested for fighting with his girlfriend. The charges were dismissed. Learn more. - [STATE v. L.H.](https://www.notguiltyattorneys.com/case-results/state-v-l-h-2/): The client was placed on deferred disposition for a period of 6 months following a domestic violence charge. The case was later dismissed. - [BMV v. R.L.](https://www.notguiltyattorneys.com/case-results/bmv-v-r-l/): Client was stopped immediately after leaving a local Maine bar. Due to failure to ensure his mouth was clear. The case was thrown out. - [STATE v. T.B.](https://www.notguiltyattorneys.com/case-results/state-v-t-b/): Our client was pulled over on suspicion of drinking while heading to the store. The case was changed to lesser crime & client kept their job. - [STATE v. C.R.](https://www.notguiltyattorneys.com/case-results/state-v-c-r-6/): A client with a history of violations received a DUI with license susepend for a previous DUI. The charge was dropped to driving to endanger. - [STATE v. B.O.](https://www.notguiltyattorneys.com/case-results/state-v-b-o/): Charges: Possession of a Scheduled Drug (hydrocodone) class “C” felony Maximum Penalty: 5 years in state prison; $5,000. 00 fine;... - [STATE v. K.A.](https://www.notguiltyattorneys.com/case-results/state-v-k-a/): Charges: Criminal Speeding Maximum Penalty: 180 days jail; $1,000. 00 fine; 60 day loss of license Summary: Client was traveling... - [STATE v. S.P.](https://www.notguiltyattorneys.com/case-results/state-v-s-p-2/): Charges: OUI Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was stopped for... - [STATE v. J.St.](https://www.notguiltyattorneys.com/case-results/state-v-j-st-2/): Charges: Felony OUI (3rd offense) Mandatory Minimum Penalty: 30 days jail; 6-year loss of license; $1,000. 00 fine Maximum Penalty:... - [STATE v. S.S.](https://www.notguiltyattorneys.com/case-results/state-v-s-s-3/): Charges: OUI (. 16% BrAC) Mandatory Minimum Penalty: $500. 00 fine; 48 hours jail; 150 day loss of license Maximum... - [BMV v. P.F.](https://www.notguiltyattorneys.com/case-results/bmv-v-p-f/): Offense: OUI (. 24% BrAC) Summary: Client was spotted leaving a bar and walking back to his car by a... - [STATE v. A.O.](https://www.notguiltyattorneys.com/case-results/state-v-a-o/): Charges: OUI (. 20%) Mandatory Minimum Penalty: 48 hours jail, 150-day loss of license, $500. 00 fine Maximum Penalty: 364... - [STATE v. J.L.](https://www.notguiltyattorneys.com/case-results/state-v-j-l-3/): Charges: Criminal Speed (107mph) Maximum Penalty: 6 months jail; $1,000. 00 fine; license suspension Summary: Client was initially clocked by... - [STATE v. D.C.](https://www.notguiltyattorneys.com/case-results/state-v-d-c-4/): Charge: OUI Refusal Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 month loss of license Mandatory Minimum Penalty: $600.... - [STATE v. J.S.](https://www.notguiltyattorneys.com/case-results/state-v-j-s-2/): Charge: Operating a Motor Vehicle after License has been Revoked (OAR) Mandatory Minimum Penalty: 30 days jail; $1,000. 00 fine... - [STATE v. S.S.](https://www.notguiltyattorneys.com/case-results/state-v-s-s-2/): Charge: OUI (3rd offense in 15 years) Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license... - [STATE v. C.M. - Driving to Endanger](https://www.notguiltyattorneys.com/case-results/state-v-c-m-driving-to-endanger/): Charges: Leaving the Scene of an Accident (x2); Reckless Conduct; Driving to Endanger Maximum Penalty: If convicted on all crimes,... - [STATE v. K.B.](https://www.notguiltyattorneys.com/case-results/state-v-k-b-2/): Charge: Assault Maximum Penalty: 364 days jail; $2,000. 00 fine Summary: Client, a recent college graduate, was out celebrating in... - [STATE v. B.M.](https://www.notguiltyattorneys.com/case-results/state-v-b-m/): Charge: Providing a Place for Minors to Consume Alcohol Maximum Penalty: 180 days jail and $1,000. 00 fine Summary: Client,... - [STATE v. D.C.](https://www.notguiltyattorneys.com/case-results/state-v-d-c-3/): Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600. 00 fine; 14 months loss of driving privileges Maximum Penalty:... - [STATE v. C.D. - 2nd Offense OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-c-d-2nd-oui-dui/): Offense: 2nd offense OUI (3rd in 11 years) Violating Bail Conditions Operating Beyond License Restriction & Operating after Suspension Maximum... - [BMV v. S.P.](https://www.notguiltyattorneys.com/case-results/bmv-v-s-p/): Offense: OUI Summary: Client was driving home and was stopped for drifting over the center line. Client showed signs of... - [STATE v. N.G.](https://www.notguiltyattorneys.com/case-results/state-v-n-g/): Charges: OUI & Criminal Speed Maximum Penalty: 18 months jail if convicted on both charges and a $3,000. 00 fine... - [STATE v. C.F.](https://www.notguiltyattorneys.com/case-results/state-v-c-f/): Charges: Burglary, Aggravated Criminal Trespass, Criminal Trespass, Tampering with a Witness, Obstructing Report of a Crime, Domestic Violence Assault, Violating... - [BMV v. J.G.](https://www.notguiltyattorneys.com/case-results/bmv-v-j-g/): Offense: OUI Summary: The client was reported to be driving erratically by a “concerned citizen”. The client was stopped and... - [STATE v. H.F.](https://www.notguiltyattorneys.com/case-results/state-v-h-f/): Charges: OUI & Leaving the Scene of an Accident Maximum Penalty: $2,000. 00 fine, 150 day loss of license and... - [STATE v. John Doe](https://www.notguiltyattorneys.com/case-results/state-v-john-doe/): Charge: Indecent Conduct Maximum Penalty: 180 days jail; $1,000. 00 fine Summary: The client, a long-time visitor to a local... - [STATE v. L.P.](https://www.notguiltyattorneys.com/case-results/state-v-l-p/): Charges: OUI Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was stopped for... - [STATE v. A.D. - OUI / DUI Charge](https://www.notguiltyattorneys.com/case-results/state-v-a-d-oui/): Charge: OUI (. 17%) Mandatory Minimum Penalty: 48 hours jail; 150 day loss of license; $500. 00 fine Maximum Penalty:... - [STATE v. M.G.](https://www.notguiltyattorneys.com/case-results/state-v-m-g/): Charges: OUI (. 19% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum... - [STATE v. P.S.](https://www.notguiltyattorneys.com/case-results/state-v-p-s/): Charges: OUI Refusal & Assault on a Police Officer Mandatory Minimum Penalty: 4 days jail; $600. 00 fine; 14 month... - [STATE v. H.T.](https://www.notguiltyattorneys.com/case-results/state-v-h-t/): Charges: 4 serious drug offenses; a class A, 2 class B, and 1 class C felonies. Maximum Penalties: Maximum jail... - [STATE v. S.P.](https://www.notguiltyattorneys.com/case-results/state-v-s-p/): Offense: 2nd Offense OUI Mandatory Minimum Penalty: 7 days jail; 3 year loss of license; $700. 00 fine Maximum Penalty:... - [BMV v. H.F.](https://www.notguiltyattorneys.com/case-results/bmv-v-h-f/): Offense: OUI & Leaving the Scene of an Accident Summary: Client backed into a car and fled the scene of... - [BMV v. M.CT](https://www.notguiltyattorneys.com/case-results/bmv-v-m-ct/): Offense: OUI Summary: Client was arrested for OUI and brought back to the station for a breath test. The officer... - [BMV v. S.S.](https://www.notguiltyattorneys.com/case-results/bmv-v-s-s/): Offense: OUI (. 16%) Summary: Client was stopped for speeding and admitted to the consumption of alcohol earlier in the... - [BMV v. P.S.](https://www.notguiltyattorneys.com/case-results/bmv-v-p-s/): Offense: OUI Refusal Summary: The client was arrested for OUI and we contested the refusal aspect of the case at... - [STATE v. D.K.](https://www.notguiltyattorneys.com/case-results/state-v-d-k/): Charge: OUI (. 14%) Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was... - [STATE v. R.M.](https://www.notguiltyattorneys.com/case-results/state-v-r-m-3/): Charge: OUI (. 20% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500 fine; 150 day loss of license Maximum Penalty:... - [STATE v. J.T.](https://www.notguiltyattorneys.com/case-results/state-v-j-t/): Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 day suspension; $600 fine Maximum Penalty: 364 days jail; $2,000.... - [STATE v. F.B.](https://www.notguiltyattorneys.com/case-results/state-v-f-b/): Charge: OUI Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was reported as... - [STATE v. B.H. - OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-b-h-oui-dui/): Charge: OUI . 17% Mandatory Minimum Penalty: 48 hours in jail, $500. 00 fine and a 150 day loss of... - [STATE v. D.A.](https://www.notguiltyattorneys.com/case-results/state-v-d-a/): Charge: Possession of Liquor by a Minor (civil offense) Maximum Penalty: $500 fine Summary: Client was at the beach with... - [STATE v. K.M. pt.2](https://www.notguiltyattorneys.com/case-results/state-v-k-m-pt-2/): Offense: Operating After Suspension for an OUI Offense Mandatory Minimum Penalty: 7 days jail; $1,000. 00 fine; 1 year loss... - [STATE v. K.M. pt.1](https://www.notguiltyattorneys.com/case-results/state-v-k-m-pt-1/): Charge: OUI Refusal & Possession of Marijuana Mandatory Minimum Penalty: 14-month loss of license; 96 hours jail; $600 fine (OUI... - [STATE v. D.P.](https://www.notguiltyattorneys.com/case-results/state-v-d-p/): Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 day license suspension; $600 fine Maximum Penalty: 364 days jail;... - [STATE v. L.K.](https://www.notguiltyattorneys.com/case-results/state-v-l-k/): Charge: Trafficking Tobacco in Jail, a Class D Misdemeanor Maximum Penalty: 364 days in jail and a $2,000. 00 fine... - [STATE v. R.P.](https://www.notguiltyattorneys.com/case-results/state-v-r-p/): Charge: BMV Suspension for Negligent Motor Vehicle Death Penalty: Mandatory 3 year loss of license Summary: Client was driving a... - [STATE v. L.C.](https://www.notguiltyattorneys.com/case-results/state-v-l-c/): Charge: OUI (. 13% BrAC) Maximum Penalty: $2,000. 00 fine; 364 days jail; 150 day loss of license Summary: Client... - [STATE v. K.W.](https://www.notguiltyattorneys.com/case-results/state-v-k-w/): Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 275 day loss of license PLUS an additional 150... - [STATE v. L.H.](https://www.notguiltyattorneys.com/case-results/state-v-l-h/): Charges: OUI, with one prior (Class D), and Violation of Driving Condition Q (Class E) Mandatory Minimum Penalty: 7 days... - [STATE v. N.J.](https://www.notguiltyattorneys.com/case-results/state-v-n-j/): Charge: Domestic Violence Assault Maximum Penalty: 364 days jail; $2,000. 00 fine; 2 years probation; 48 week certified batters intervention... - [STATE v. R.H.](https://www.notguiltyattorneys.com/case-results/state-v-r-h/): Charge: Criminal Speed Maximum Penalty: 6 months jail; $1,000. 00 fine Summary: The client had picked up her children from... - [STATE v. S.R.](https://www.notguiltyattorneys.com/case-results/state-v-s-r-2/): Charge: Domestic Violence Assault Maximum Penalty: up to 364 days incarceration, 2 years probation, 48 week certified batterers intervention program,... - [STATE v. P.G.](https://www.notguiltyattorneys.com/case-results/state-v-p-g/): Charges: OUI Refusal, Aggravated OUI (Class “C” felony), Reckless Conduct with a Deadly Weapon (Class “C” felony), Aggravated Assault (Class... - [STATE v. C.G.](https://www.notguiltyattorneys.com/case-results/state-v-c-g/): Charge: Theft by Deception, a class C Felony Maximum Penalty: Up to 5 Years Incarceration, and up to a $5,000.... - [STATE v. D.L.](https://www.notguiltyattorneys.com/case-results/state-v-d-l-2/): Charges: 4 Counts of Possession of Sexually Explicit Material (Class “C” felonies) Maximum Penalty: 20 years prison (5 years on... - [STATE v. R.M.](https://www.notguiltyattorneys.com/case-results/state-v-r-m-2/): Charge: Leaving the Scene of an Accident (personal injury) and OUI (. 28% BrAC) Mandatory Minimum Penalty: 48 hours jail;... - [CC v. JC](https://www.notguiltyattorneys.com/case-results/cc-v-jc/): Case: Divorce, with a serious child custody battle. Summary: Ever had to deal with a family bully who tries to... - [STATE v. T.W.](https://www.notguiltyattorneys.com/case-results/state-v-t-w/): Charge: OUI Mandatory Minimum Penalty: 150-day loss of license; $500 fine Maximum Penalty: 150 day+ loss of license; $2,000. 00... - [STATE v. T.S.](https://www.notguiltyattorneys.com/case-results/state-v-t-s/): Charges: Gross Sexual Assault (Class “A” Felony); Unlawful Sexual Contact (Class “C” Felony) Maximum Penalty: 30 years on the Class... - [STATE v. G.C.](https://www.notguiltyattorneys.com/case-results/state-v-g-c-2/): Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 14-month loss of license Maximum Penalty: 364 days jail;... - [STATE v. M.M.](https://www.notguiltyattorneys.com/case-results/state-v-m-m-2/): Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 14 months loss of license Maximum Penalty: 364 days... - [Bail Argument Victory](https://www.notguiltyattorneys.com/case-results/bail-argument-victory/): My client was charged with felony bail violation where the underlying crimes for which he was originally bailed on included... - [STATE v. C.R. - OUI / DUI BrAC Charge](https://www.notguiltyattorneys.com/case-results/state-v-c-r-oui-dui-brac/): Charges: OUI (. 17% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500 fine; 150-day loss of license Maximum Penalty: 364... - [STATE v. A.W. - Theft & Criminal Mischief](https://www.notguiltyattorneys.com/case-results/state-v-a-w-theft-criminal-mischief/): Charges: Burglary; Theft by Receiving & Criminal Mischief Maximum Penalty: 11 years prison and a fine of $12,000. 00 Result:... - [STATE v. N.S.](https://www.notguiltyattorneys.com/case-results/state-v-n-s/): Charges: OUI (2nd offense) with a high test (. 21% BrAC) Mandatory Minimum Penalty: 3 year loss of license; 7... - [STATE v. J.C.](https://www.notguiltyattorneys.com/case-results/state-v-j-c-2/): Charges: Unlawful Sexual Contact (Class “C” felony); Assault (Class “D”) Maximum Penalty: 6 years prison if convicted on both charges;... - [STATE v. J.D.](https://www.notguiltyattorneys.com/case-results/state-v-j-d-2/): Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 day suspension + 150 day suspension = 14 months loss... - [STATE v. K.M.](https://www.notguiltyattorneys.com/case-results/state-v-k-m/): Charges: OUI (. 14%) Mandatory Minimum Penalty: $500 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000.... - [STATE v. K.F., et al](https://www.notguiltyattorneys.com/case-results/state-v-k-f-et-al/): Offense: Burglary; Hindering Apprehension and Prosecution Maximum Penalty: 15 years prison; $25,000. 00 fine Summary: Client was traveling down the... - [UNITED STATES of AMERICA v. C.J.](https://www.notguiltyattorneys.com/case-results/united-states-of-america-v-c-j/): Offense: Possession of Child Pornography (Federal charges) Maximum Penalty: 120 months of prison time Summary: The client was accused of... - [STATE v. G.G.](https://www.notguiltyattorneys.com/case-results/state-v-g-g/): Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 days suspension + 150 days if convicted = 14 months... - [STATE v. R.O.](https://www.notguiltyattorneys.com/case-results/state-v-r-o/): Offense: OUI (. 15%) Mandatory Minimum Penalty: 150 days suspension of driving privileges; 48 hours jail; $500 fine Maximum Penalty:... - [STATE v. B.K.](https://www.notguiltyattorneys.com/case-results/state-v-b-k/): Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 14 months loss of license (includes 275 day BMV suspension); $600.... - [STATE v. A.E.](https://www.notguiltyattorneys.com/case-results/state-v-a-e-2/): Charge: OUI Refusal Mandatory Minimum Penalty: 14 month loss of license (total including 275 day BMV suspension); 4 days jail;... - [STATE v. K.C.](https://www.notguiltyattorneys.com/case-results/state-v-k-c/): Charge: OUI (. 14%) Mandatory Minimum Penalty: $500. 00 fine; 150 day loss of license Maximum Penalty: $2,000. 00 fine;... - [STATE v. K.K.](https://www.notguiltyattorneys.com/case-results/state-v-k-k-2/): Charge: DV Assault (Class D) Maximum Penalty: $2,000. 00 fine; 364 days jail; 2 years probation; completion of the Certified... - [STATE v. C.D. - Domestic Violence](https://www.notguiltyattorneys.com/case-results/state-v-c-d-domestic-violence/): Charge: DOMESTIC VIOLENCE ASSAULT Maximum Penalty: Punishable by up to 364 days in county jail and up to $2,000 in... - [STATE v. A.W. - Felony Burglary](https://www.notguiltyattorneys.com/case-results/state-v-a-w/): Charge: FELONY BURGLARY Punishable by up to 10 years hard time in state prison; up to $20,000 in fines plus... - [STATE v. C.R. - OUI / DUI Charge](https://www.notguiltyattorneys.com/case-results/state-v-c-r-oui-dui-charge/): Charge: OUI (. 14% BrAC) Mandatory Minimum Penalty: 150 day loss of license; $500 fine Maximum Penalty: $2,000. 00 fine;... - [STATE v. M.P.](https://www.notguiltyattorneys.com/case-results/state-v-m-p/): Charge: OUI (. 17% BrAC) Mandatory Minimum Penalty: 48 hours jail, $500. 00 fine, 150 day loss of license Maximum... - [STATE v. J.S.](https://www.notguiltyattorneys.com/case-results/state-v-j-s/): Charge: Operating with a Suspended Registration Maximum Penalty: $1,000. 00 fine Summary: We all get busy with life. Sometimes, we... - [STATE v. J.K.](https://www.notguiltyattorneys.com/case-results/state-v-j-k-2/): Charge: OUI (drug) Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day license suspension Summary: Client was a power... - [M.C. v. B.L. (Protection from Abuse)](https://www.notguiltyattorneys.com/case-results/m-c-v-b-l-protection-from-abuse/): I represented a female client with two minor children in an abuse hearing against the children’s father. The Court awarded... - [STATE v. K.Q.](https://www.notguiltyattorneys.com/case-results/state-v-k-q/): Charge: Domestic Violence Assault Mandatory Minimum Penalty: 2 years probation, attendance at the certified batters intervention program Maximum Penalty: 364... - [STATE v. J.G.](https://www.notguiltyattorneys.com/case-results/state-v-j-g-2/): Charge: OUI Refusal; Possession of Marijuana: Posession of Drug Paraphernalia Mandatory Minimum Penalty: 4 days jail; 1 year loss of... - [STATE v. J.L.](https://www.notguiltyattorneys.com/case-results/state-v-j-l-2/): Charge: OUI Refusal Mandatory Minimum Penalty: 14 months loss of license; $600 fine; 4 days jail Maximum Penalty: 14 months... - [STATE V. W.B.](https://www.notguiltyattorneys.com/case-results/state-v-w-b/): Charge: Operating after Suspension & Driving without a License Summary: Client had previously been suspended by his home state on... - [STATE v. J.Nvt.](https://www.notguiltyattorneys.com/case-results/state-v-j-nvt/): Charge: OUI (. 17% BrAC); Leaving the Scene of an Accident; Disorderly Conduct Maximum Penalty: 364 days jail on the... - [STATE v. C.M. - OUI / DUI Refusal](https://www.notguiltyattorneys.com/case-results/state-v-c-m-oui-dui-refusal/): Charge: OUI Refusal Mandatory Minimum Penalties: $700 fine; 1 year loss of license (275 days for the BMV suspension and... - [STATE v. M.C.](https://www.notguiltyattorneys.com/case-results/state-v-m-c/): Charge: OUI Maximum Sentence: 364 days jail; 90 day loss of license; $2,000. 00 fine Mandatory Minimum Sentence: $500 fine;... - [STATE . J.N.](https://www.notguiltyattorneys.com/case-results/state-j-n/): Charge: OUI Refusal and Refusal to Sign a Uniform Summons & Complaint (USAC) Maximum Penalty: 364 days jail; $2,000. 00... - [STATE v. N.B.](https://www.notguiltyattorneys.com/case-results/state-v-n-b-2/): Charges: 2 counts of Class “C” Criminal Mischief (felonies), 1 count of OUI Refusal Maximum Penalty: 5 years on each... - [STATE v. J.M.](https://www.notguiltyattorneys.com/case-results/state-v-j-m-2/): Charge: OUI Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Mandatory Minimum Penalty: 150 day... - [STATE v. J.R.](https://www.notguiltyattorneys.com/case-results/state-v-j-r/): Our client is a USMC hero, with three tours of duty in Fallujah, Iraq, where he and his unit fought... - [STATE v. T.L.](https://www.notguiltyattorneys.com/case-results/state-v-t-l-2/): Charge: Domestic Violence Assault Maximum Penalty: 364 days jail; 2 years probation; 48-week batterers program; $2,000. 00 fine Mandatory Minimum... - [STATE v. J.V.](https://www.notguiltyattorneys.com/case-results/state-v-j-v/): Our client was charged in Juvenile Court with Sexual Assault, a class A felony. He faced penalties of a lifetime... - [STATE v. C.P.](https://www.notguiltyattorneys.com/case-results/state-v-c-p/): Charge: Domestic Violence Assault Mandatory Minimum Penalty: Partially or fully suspended sentence with 2 years probation and completion of the... - [STATE v. A.M.](https://www.notguiltyattorneys.com/case-results/state-v-a-m-2/): Charge: 2nd Offense OUI with a . 30% BrAC Mandatory Minimum Penalty: 3 year loss of license; $700 fine; 7... - [STATE v. L.F.](https://www.notguiltyattorneys.com/case-results/state-v-l-f/): Charge: Possession of Scheduled Drugs (Class C felony) Maximum Penalty: 5 years prison; 2 years probation; $5,000. 00 fine Summary:... - [STATE v. C.S.](https://www.notguiltyattorneys.com/case-results/state-v-c-s/): Charge: OUI (drugs) Maximum Sentence: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was charged... - [STATE v. C.M. - Aggravated OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-c-m-aggravated-oui-dui/): Offense: Aggravated OUI Mandatory Mandatory Minimum Sentence: 48 hours jail; $500 fine; 90 day loss of license Maximum Sentence: 364... - [STATE v. D.W.](https://www.notguiltyattorneys.com/case-results/state-v-d-w-2/): Offense: Refusing to Submit to Arrest; Criminal Mischief; OUI Refusal Mandatory Minimum Penalty: 4 days jail; $700 fine; 1 year... - [STATE v. M.H.](https://www.notguiltyattorneys.com/case-results/state-v-m-h-3/): Offense: Aggravated Domestic Violence Assault (Class “B” felony) Maximum Penalty: 10 years prison; $20,000. 00 fine; 5 years probation Summary:... - [STATE v. S.D.](https://www.notguiltyattorneys.com/case-results/state-v-s-d-2/): Offense: Domestic Violence Assault Mandatory Minimum Penalty: 2 years probation; 1-year certified batter intervention program; $400. 00 fine Maximum Penalty:... - [STATE v. JON DOE](https://www.notguiltyattorneys.com/case-results/state-v-jon-doe/): Offense: 5th offense OUI in 10 years Mandatory Minimum Penalty: 6 months jail; $2,100. 00 fine; 8-year loss of license... - [STATE v. P.O.](https://www.notguiltyattorneys.com/case-results/state-v-p-o/): Offense: Possession of a Scheduled Drug (cocaine) Maximum Penalty: $2,000. 00 fine; 364 days jail Summary: Client was snorting cocaine... - [STATE v. J.A.](https://www.notguiltyattorneys.com/case-results/state-v-j-a/): Charge: Aggravated Criminal Mischief (class “C” felony) Maximum Penalty: 5 years prison; $5,000. 00 fine Summary: Client was transported by... - [STATE v. S.E.](https://www.notguiltyattorneys.com/case-results/state-v-s-e/): Offense: Domestic Violence Assault; Domestic Violence Criminal Threatening; Domestic Violence Terrorizing; Disorderly Conduct Mandatory Minimum Penalty: 2 years probation, partially... - [STATE v. A.J. - OUI / DUI Refusal](https://www.notguiltyattorneys.com/case-results/state-v-a-j-oui-refusal/): Offense: OUI Refusal Mandatory Minimum Penalty: 4 days jail, 1 year loss of license, $700 fine Maximum Penalty: 364 days... - [STATE v. J.H.](https://www.notguiltyattorneys.com/case-results/state-v-j-h/): Offense: 4 counts of Burglary of a Motor Vehicle (class “D” misdemeanor) & 4 counts of Theft by Receipt of... - [STATE v. S.M.](https://www.notguiltyattorneys.com/case-results/state-v-s-m-2/): Offense: Domestic Violence Terrorizing Maximum Penalty: 6 months jail, $1,000. 00 fine Summary: Client and girlfriend got into an argument... - [STATE v. L.N.](https://www.notguiltyattorneys.com/case-results/state-v-l-n/): Offense: Possession of a Scheduled Drug (Class C Felony) Maximum Penalty: 5 years prison, probation, $5,000. 00 fine Summary: Client,... - [STATE v. R.C.](https://www.notguiltyattorneys.com/case-results/state-v-r-c/): Offense: Domestic Violence Assault & Domestic Violence Terrorizing Mandatory Minimum Penalty: 2 years probation, completion of Certified Batters Intervention Program... - [STATE v. T.V.](https://www.notguiltyattorneys.com/case-results/state-v-t-v/): Offense: Domestic Violence Assault Maximum Penalty: 364 days jail, 2 years probation, enrollment and completion of certified batters intervention program... - [STATE v. L.L.](https://www.notguiltyattorneys.com/case-results/state-v-l-l/): Offense: OUI (. 17%) Mandatory Minimum Penalty: 48 hours jail; 90 day loss of license; $500. 00 fine Maximum Penalty:... - [STATE v. M.O. (BMV result)](https://www.notguiltyattorneys.com/case-results/state-v-m-o-bmv-result/): Offense: OUI (. 20%) Mandatory Minimum Penalty: $500 fine; 48 hours jail; 90 day loss of license Maximum Penalty: 364... - [STATE v. A.A.](https://www.notguiltyattorneys.com/case-results/state-v-a-a/): Offense: Solicitation of a Prostitute, Unsworn Falsification, False Public Report Maximum Penalty: $4,000. 00 fine, 2 years prison (if convicted... - [STATE v. C.M. - OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-c-m-oui-dui/): Offense: OUI Mandatory Minimum Penalty: $500 fine & 90 day loss of license Maximum Penalty: 364 days jail, $500 fine... - [State v. K.B.](https://www.notguiltyattorneys.com/case-results/state-v-k-b/): Offense: OUI Mandatory Minimum Penalty: $500 fine; 90 day loss of license Maximum Penalty: 364 days jail; 90 day loss... - [STATE v. A.F.](https://www.notguiltyattorneys.com/case-results/state-v-a-f/): Offense: Burglary (Class B felony) Maximum Penalty: 10 years prison and a fine of $20,000. 00 Summary: Client allegedly broke... - [STATE v. P.C.](https://www.notguiltyattorneys.com/case-results/state-v-p-c/): Offense: OUI Mandatory Minimum Penalty: $500 fine, 90 day loss of license Maximum Penalty: $2,000. 00 fine, 90 day loss... - [STATE v. T.L.](https://www.notguiltyattorneys.com/case-results/state-v-t-l/): Offense: OUI Maximum Penalty: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Penalty: 48 hours... - [STATE v. M.B.](https://www.notguiltyattorneys.com/case-results/state-v-m-b/): Offense: OUI (drugs) & Possession of Marijuana Mandatory Minimum Penalty: $500 fine; 90 day loss of license & $400 fine... - [STATE v. J.C.](https://www.notguiltyattorneys.com/case-results/state-v-j-c/): Offense: Aggravated Domestic Violence Assault (Class B Felony) Maximum Penalty: 10 years prison, $20,000. 00 fine, probation Summary: Client was... - [STATE v. T.R.](https://www.notguiltyattorneys.com/case-results/state-v-t-r-2/): Offense: OUI Maximum Penalty: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Penalty: Penalty: 364... - [STATE v. T.K.](https://www.notguiltyattorneys.com/case-results/state-v-t-k/): Offense: Shoplifting Maximum Penalty: 180 days jail, $1,000. 00 fine Summary: Client was shopping at Kohl’s Department Store and decided... - [STATE v. J.B.](https://www.notguiltyattorneys.com/case-results/state-v-j-b/): Offense: 2nd Offense OUI Refusal Maximum Penalty: 364 days jail; $2,000. 00 fine; 18 months suspension of Driving Privileges Mandatory... - [STATE v. G.M.](https://www.notguiltyattorneys.com/case-results/state-v-g-m/): Charges: Violating Protection from Abuse Order (Class E); Obstructing a 911 Call (Class E domestic violence); Violation of Conditions of... - [STATE v. P.B.](https://www.notguiltyattorneys.com/case-results/state-v-p-b/): OUI was dismissed at court and client pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days - [STATE v. M.L.](https://www.notguiltyattorneys.com/case-results/state-v-m-l/): Charge: OUI . 13% Mandatory Minimum Penalty: 90 day loss of license, 1 year loss of CDL, $500 fine Maximum... - [STATE v. R.I.](https://www.notguiltyattorneys.com/case-results/state-v-r-i/): Offense: OUI Refusal Maximum Penalty: 364 days jail; 1 year loss of license; $2,000. 00 fine Mandatory Minimum Penalty: 4... - [STATE v. M.T.](https://www.notguiltyattorneys.com/case-results/state-v-m-t-5/): Offense: OUI with an elevated breath test result (. 19%) Maximum Penalty: 364 days jail, 90 day (or greater) loss... - [State v. D.W.](https://www.notguiltyattorneys.com/case-results/state-v-d-w/): Offense: OUI with a person under the age of 16 years old Maximum Sentence: 364 days jail with a mandatory... - [STATE v. L.G.](https://www.notguiltyattorneys.com/case-results/state-v-l-g/): Offense: OUI Mandatory Minimum Penalty: 48 hours jail, $500. 00 fine, 90 day loss of license Maximum Penalty: 364 days... - [STATE v. M.S.](https://www.notguiltyattorneys.com/case-results/state-v-m-s-2/): Offense: OUI with an elevated test. Maximum Penalty: 364 days jail; 90 day loss of license; $2,000. 00 fine. Mandatory... - [STATE v. D.T.](https://www.notguiltyattorneys.com/case-results/state-v-d-t/): Offense: Tampering with Evidence Maximum Sentence: $2,000. 00 fine and 364 days jail Synopsis: Client arrived on scene where son... - [STATE v. S.H.](https://www.notguiltyattorneys.com/case-results/state-v-s-h/): Offense: Trafficking in Scheduled drugs (Class “C” felony) and Possession of Scheduled drugs Maximum Sentence: 5 years prison, $5,000. 00... - [STATE v. R.W.](https://www.notguiltyattorneys.com/case-results/state-v-r-w/): Offense: Possession of Cocaine, Possession of Marijuana & Possession of Drug Paraphernalia Maximum Sentence: 364 days jail and a fine... - [State v. B.P.](https://www.notguiltyattorneys.com/case-results/state-v-b-p-2/): Defendant faced a myriad of drug charges, including trafficking in crack cocaine charges. He was facing up to 35 years... - [State v. E.R.](https://www.notguiltyattorneys.com/case-results/state-v-e-r-2/): Client was charged with possession of a useable amount of marijuana. Issue in the case turned on whether the search... - [STATE v. E.R.](https://www.notguiltyattorneys.com/case-results/state-v-e-r/): Offense: Civil Possession of Marijuana and OUI Maximum Sentence: Fine of $400. 00 for the marijuana charge and a maximum... - [State v. J.W.](https://www.notguiltyattorneys.com/case-results/state-v-j-w-2/): Client was charged with Unlawful Trafficking in Scheduled Drugs, which was a class C felony and carried a possible penalty... - [STATE v. C.R. - Stealing Prescription Drugs](https://www.notguiltyattorneys.com/case-results/state-v-c-r-stealing-prescription-drugs/): Offense: Stealing Prescription Drugs Maximum Sentence: 5 years prison and a fine of $5,000. 00 as well as a term... - [STATE v. T.P.](https://www.notguiltyattorneys.com/case-results/state-v-t-p/): Offense: Furnishing a Place for Minors to Consume Alcohol Maximum Sentence: 6 months jail and a fine of $1,000. 00.... - [STATE v. B.H. - OUI, Possession, Driving to Endanger](https://www.notguiltyattorneys.com/case-results/state-v-b-h/): Offense: OUI; Possession of Oxycodone; Possession of Scheduled Drugs; Driving to Endanger Maximum Sentence: 1 year on OUI along with... - [STATE v. D.D.](https://www.notguiltyattorneys.com/case-results/state-v-d-d/): Offense: Transportation and Possession of Alcohol by a Minor Synopsis: Client had recently graduated from a local high school and... - [State v. M.T.](https://www.notguiltyattorneys.com/case-results/state-v-m-t-4/): Charge was Providing a Place for Minors to Consume Alcohol. Allegation was that the client, a mother, was allowing minors... - [State v. K.T.](https://www.notguiltyattorneys.com/case-results/state-v-k-t-2/): Client was charged with a single count of assault against her mother. Mother vehemently denied that the version of her... - [STATE v. B.S.](https://www.notguiltyattorneys.com/case-results/state-v-b-s/): Offense: Disorderly Conduct Maximum Sentence: 6 months jail and a fine of $1,000. 00. Synopsis: Client was assaulted by another... - [STATE v. J.L.](https://www.notguiltyattorneys.com/case-results/state-v-j-l/): Offense: Aggravated Assault Maximum Sentence: 10 years prison, probation and a maximum fine of $10,000. 00. Synopsis: Client “ambushed” his... - [STATE v. B.P.](https://www.notguiltyattorneys.com/case-results/state-v-b-p/): Offense: Assault Maximum Sentence: 1 year jail and a fine of $2,000. 00. Synopsis: Client allegedly assaulted another male victim... - [State v. A.Spr.](https://www.notguiltyattorneys.com/case-results/state-v-a-spr/): Offense: Domestic Violence Assault; Domestic Violence Criminal Threatening Maximum Sentence: 364 days jail on each charge, 2 years probation and... - [STATE v. S.S.](https://www.notguiltyattorneys.com/case-results/state-v-s-s/): Offense: Assault Maximum Sentence: 1 year jail and a fine of $2,000. Synopsis: Client was involved in a brawl at... - [State v. A.S.](https://www.notguiltyattorneys.com/case-results/state-v-a-s/): Offense: Domestic Violence Assault; Threatening Display of a Weapon Maximum Sentence: 364 days jail on each charge, 2 years probation... - [State v. S.C.](https://www.notguiltyattorneys.com/case-results/state-v-s-c-2/): Offense: Domestic Violence Assault Maximum Sentence: 364 days jail, 2 years probation, enrollment in the certified batters intervention program Synopsis:... - [STATE V. C.C.](https://www.notguiltyattorneys.com/case-results/state-v-c-c-3/): Offense: Domestic Violence Assault; Aggravated Criminal Mischief (class “C” felony); Criminal Mischief Maximum Sentence: 5 years prison and a $5,000.... - [STATE v. D.F.](https://www.notguiltyattorneys.com/case-results/state-v-d-f/): Charge: Domestic Violence Assault Maximum Penalty: $2,000. 00 fine; 364 days jail; 2 years probation Summary: Client allegedly physically assaulted... - [STATE v. G.C.](https://www.notguiltyattorneys.com/case-results/state-v-g-c/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and up to 2 years probation Synopsis: Client allegedly grabbed his... - [STATE v. J.S.A.](https://www.notguiltyattorneys.com/case-results/state-v-j-s-a/): Offense: Criminal Threatening (DV) and Domestic Violence Assault Maximum Sentence: 2 years prison and a fine of $4,000. 00 as... - [STATE v. K.T.](https://www.notguiltyattorneys.com/case-results/state-v-k-t/): Offense: Domestic Violence Assault Maximum Sentence: 1 year jail and a fine of $5,000. 00 as well as 2 years... - [STATE v. T.T.](https://www.notguiltyattorneys.com/case-results/state-v-t-t-2/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or... - [STATE v. A.G.](https://www.notguiltyattorneys.com/case-results/state-v-a-g/): Offense: Criminal Threatening with a Deadly Weapon (DV) Maximum Sentence: 5 years prison and a term of probation. Future federal... - [STATE v. R.M.](https://www.notguiltyattorneys.com/case-results/state-v-r-m/): Offense: Criminal Threatening with a Deadly Weapon (DV) Maximum Sentence: 5 years prison and a fine of $5,000. 00 as... - [STATE v. S.F.](https://www.notguiltyattorneys.com/case-results/state-v-s-f-2/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Synopsis: Client was charged with Domestic Violence... - [STATE v. M.H.](https://www.notguiltyattorneys.com/case-results/state-v-m-h-2/): Charges: Terrorizing (Class D misdemeanor); Criminal Mischief (Class E) Maximum Penalty: 18 months jail; $3,000. 00 fine Result: Terrorizing charge... - [STATE v. B.E.](https://www.notguiltyattorneys.com/case-results/state-v-b-e-2/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or... - [STATE v. M.D.](https://www.notguiltyattorneys.com/case-results/state-v-m-d/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or... - [STATE v. A.D. - Domestic Violence Assault Charge](https://www.notguiltyattorneys.com/case-results/state-v-a-d/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or... - [STATE v. C.C. - Domestic Violence Assault](https://www.notguiltyattorneys.com/case-results/state-v-c-c-domestic-violence/): Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Maximum fine of $2,000. 00. Synopsis: Client... - [STATE v. A.R.](https://www.notguiltyattorneys.com/case-results/state-v-a-r/): Offense: OUI . 14 Maximum Sentence: 364 days jail, 6 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence:... - [State v. P.A.](https://www.notguiltyattorneys.com/case-results/state-v-p-a/): Offense: OUI with low breath test result Maximum Sentence: 364 days jail, 6 year loss of license, $2,000. 00 fine... - [STATE v. M.M.](https://www.notguiltyattorneys.com/case-results/state-v-m-m/): Offense: OUI Refusal Maximum Sentence: 364 days jail, 6 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 4... - [STATE v. D.C.](https://www.notguiltyattorneys.com/case-results/state-v-d-c-2/): Offense: DV Assault, DV Criminal Threatening, Criminal Mischief, Violation of Bail Conditions Maximum Sentence: 364 days jail on the two... - [STATE v. S.M.](https://www.notguiltyattorneys.com/case-results/state-v-s-m/): Offense: OUI (. 29%) & Endangering the Welfare of a Child Maximum Sentence: 364 days jail, six year loss of... - [State vs. J.F.](https://www.notguiltyattorneys.com/case-results/state-vs-j-f/): Charges: DV Assault, DV Terrorizing, DV Terrorizing with a Deadly Weapon (9mm handgun) and Obstructing a 911 phone call. Maximum... - [State v. A.N.](https://www.notguiltyattorneys.com/case-results/state-v-a-n/): Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day... - [STATE V. C.M.](https://www.notguiltyattorneys.com/case-results/state-v-c-m/): Offense: OUI Maximum Sentence: 364 days jail, 270 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours... - [State v. C.V.](https://www.notguiltyattorneys.com/case-results/state-v-c-v/): Offense: . 19% OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence:... - [State v. B.E.](https://www.notguiltyattorneys.com/case-results/state-v-b-e/): Offense: . 17% OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence:... - [State v. L.R.](https://www.notguiltyattorneys.com/case-results/state-v-l-r/): Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours... - [State v. U.M.](https://www.notguiltyattorneys.com/case-results/state-v-u-m/): Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day... - [State v. J.W.](https://www.notguiltyattorneys.com/case-results/state-v-j-w/): Offense: OUI . 17% Maximum Sentence: 364 days jail, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day... - [STATE v. T.R.](https://www.notguiltyattorneys.com/case-results/state-v-t-r/): Charges: DV Assault; Violation of Conditions of Release Maximum Penalty: $3,000. 00 fine; 18 months jail; 2 years probation; certified... - [State v. D.C.](https://www.notguiltyattorneys.com/case-results/state-v-d-c/): Offense: 2nd offense OUI Maximum Sentence: 364 days jail, 3 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence:... - [State v. A.E.](https://www.notguiltyattorneys.com/case-results/state-v-a-e/): Offense: 5th OUI within 10 years Maximum Sentence: 5 years prison Mandatory Minimum Sentence: 6 months jail, 6 year loss... - [State v. J.F.](https://www.notguiltyattorneys.com/case-results/state-v-j-f-2/): Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day... - [State v. A.M.](https://www.notguiltyattorneys.com/case-results/state-v-a-m/): Offense: 2nd Offense OUI, . 17% Maximum Sentence: 364 days jail, 3 year loss of license, $2,000. 00 fine Mandatory... - [STATE v. C.B.](https://www.notguiltyattorneys.com/case-results/state-v-c-b/): Offense: OUI Refusal Maximum Sentence: 364 days jail, 1 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 4... - [State v. K.O.](https://www.notguiltyattorneys.com/case-results/state-v-k-o/): Offense: 1st Offense OUI . 13% Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory... - [STATE v. J.M.](https://www.notguiltyattorneys.com/case-results/state-v-j-m/): Offense: 1st Offense OUI . 16% Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory... - [STATE v. J.K.](https://www.notguiltyattorneys.com/case-results/state-v-j-k/): Offense: OUI Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: $500 fine... - [STATE v. S.D.](https://www.notguiltyattorneys.com/case-results/state-v-s-d/): Offense: OUI Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: $500 fine... - [STATE v. D.M.](https://www.notguiltyattorneys.com/case-results/state-v-d-m/): Offense: OUI (blood test obtained) Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum... - [STATE v. M.S.](https://www.notguiltyattorneys.com/case-results/state-v-m-s/): Offense: 2nd Offense OUI . 27% Maximum Sentence: 364 days jail, 3 year loss of license, $2,000. 00 fine Mandatory... - [STATE v. P.R.](https://www.notguiltyattorneys.com/case-results/state-v-p-r/): Charge: Possession of Marijuana Summary: Client was stopped by the police while walking along the beach by the Old Orchard... - [STATE v. C.D. - OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-c-d/): Offense: OUI Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: $500 fine... - [STATE v. K.D.](https://www.notguiltyattorneys.com/case-results/state-v-k-d/): Offense: OUI . 13% Maximum Sentence: 364 days jail, 1 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence:... - [STATE v. M.T.](https://www.notguiltyattorneys.com/case-results/state-v-m-t-3/): Synopsis: Local police went to an accident scene to investigate a possible OUI. Client was a police officer. Arresting officer... - [STATE v. C.R. - OUI / DUI Refusal](https://www.notguiltyattorneys.com/case-results/state-v-c-r-oui-dui-refusal/): Offense: OUI Refusal Synopsis: Client stopped for speeding. Admitted to consuming alcohol and showed visible signs of impairment. Client performed... - [STATE v. S.R.](https://www.notguiltyattorneys.com/case-results/state-v-s-r/): Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a... - [STATE v. S.C.](https://www.notguiltyattorneys.com/case-results/state-v-s-c/): Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a... - [STATE v. J.E.](https://www.notguiltyattorneys.com/case-results/state-v-j-e/): Offense: OUI Refusal Synopsis: Client was stopped for allegedly exceeding the speed limit by greater than 30mph. Arresting officer testified... - [STATE v. A.J. - OUI & Possession of Marijuana](https://www.notguiltyattorneys.com/case-results/state-v-a-j/): Offense: OUI & Possession of Marijuana Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence:... - [STATE v. P.N.](https://www.notguiltyattorneys.com/case-results/state-v-p-n/): Charge: Operating after Suspension Maximum Penalty: 6 months jail; $1,000. 00 fine Result: Case dismissed following a successfully litigated motion... - [STATE v. D.L.](https://www.notguiltyattorneys.com/case-results/state-v-d-l/): Charge: Domestic Violence Assault Maximum Penalty: $2,000. 00 fine; 364 days jail; 2 years probation; CBIP program Result: Case dismissed... - [STATE v. B.A.](https://www.notguiltyattorneys.com/case-results/state-v-b-a/): Offense: 2nd Offense OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $700 fine,... - [STATE v. N.B.](https://www.notguiltyattorneys.com/case-results/state-v-n-b/): Offense: Aggravated OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Maximum Sentence: 364 days jail and... - [STATE v. E.H.](https://www.notguiltyattorneys.com/case-results/state-v-e-h/): Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a... - [STATE v. L.T.](https://www.notguiltyattorneys.com/case-results/state-v-l-t/): Offense: Aggravated OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Maximum Sentence: 364 days jail and... - [STATE v. J.D.](https://www.notguiltyattorneys.com/case-results/state-v-j-d/): Offense: OUI & Leaving the Scene of an Accident Maximum Sentence: 364 days jail and a fine of $3,000. 00.... - [STATE v. J.G.](https://www.notguiltyattorneys.com/case-results/state-v-j-g/): Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a... - [STATE v. M.T.](https://www.notguiltyattorneys.com/case-results/state-v-m-t-2/): Synopsis: A BMV hearing was held on the sole issue of whether or not the client refused to submit to... - [STATE v. J.F.](https://www.notguiltyattorneys.com/case-results/state-v-j-f/): Offense: OUI with a breath test above . 15% Maximum Sentence: 364 days jail, 90 days loss of license and... - [STATE v. P.M.](https://www.notguiltyattorneys.com/case-results/state-v-p-m/): Charge: OUI (. 16%) Mandatory Minimum Penalty: $500 fine; 48 hours jail; 90 day loss of license Maximum Penalty: $2,000.... - [STATE v. C.R. - OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-c-r/): Charge: OUI (. 16%) Mandatory Minimum Penalty: $500. 00 fine; 48 hours jail; 90 day loss of license Maximum Penalty:... - [STATE v. T.H.](https://www.notguiltyattorneys.com/case-results/state-v-t-h-2/): Offense: Criminal Speed (102mph in 65mph zone) Maximum Penalty: 6 months jail; $1,000. 00 fine; license suspension Summary: Client was... - [STATE v. R.F.](https://www.notguiltyattorneys.com/case-results/state-v-r-f/): Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a... - [STATE . C.N.](https://www.notguiltyattorneys.com/case-results/state-c-n/): Charge: Criminal Speed Maximum Penalty: $1,000. 00 fine; 6 months jail Result: Criminal Speed charge dismissed in return for an... - [STATE v. D.D. PART 1](https://www.notguiltyattorneys.com/case-results/state-v-d-d-part-1/): Synopsis: Client was exceeding the speed limit by more than 30mph in a speed restricted part of town. Client allegedly... - [STATE v. P.W.](https://www.notguiltyattorneys.com/case-results/state-v-p-w/): Offense: OUI Refusal with a single car accident Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory... - [STATE v. M.H.](https://www.notguiltyattorneys.com/case-results/state-v-m-h/): Offense: OUI Refusal Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $700 fine and... - [STATE v. A.C.](https://www.notguiltyattorneys.com/case-results/state-v-a-c/): Offense: OUI with an elevated breath test Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum... - [STATE v. D.R.](https://www.notguiltyattorneys.com/case-results/state-v-d-r/): Offense: OUI Maximum Sentence: 364 days jail, 90 days loss of license and a fine of $2,000. 00. Mandatory Minimum... - [STATE v. B.F.](https://www.notguiltyattorneys.com/case-results/state-v-b-f/): Offense: 1st offense OUI Refusal Maximum Sentence: 364 days jail; $2,000. 00 fine Mandatory Minimum Sentence: 4 days jail; $700... - [STATE v. C.C. - 1st Offense OUI / DUI](https://www.notguiltyattorneys.com/case-results/state-v-c-c/): Offense: 1st offense OUI with a . 17% BrAC Maximum Sentence: 364 days jail; $2,000. 00 fine Mandatory Minimum Sentence:... - [STATE v. S.F.](https://www.notguiltyattorneys.com/case-results/state-v-s-f/): Offense: 2nd offense OUI with a breath test above . 15%, Failure to Stop for a Police Officer Maximum Sentence:... - [STATE v. K.K.](https://www.notguiltyattorneys.com/case-results/state-v-k-k/): Offense: 1st offense OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence:... - [STATE v. P.Z.](https://www.notguiltyattorneys.com/case-results/state-v-p-z/): Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 1 year loss of license (275 days admin +... - [STATE v. S.B.](https://www.notguiltyattorneys.com/case-results/state-v-s-b/): Offense: OUI with a breath test of over 3x the legal limit (. 27%) Maximum Sentence: 364 days jail, 90... - [STATE v. J.St.](https://www.notguiltyattorneys.com/case-results/state-v-j-st/): Charges: Trafficking in Marijuana (Class C felony); Possession of Marijuana (civil offense); Operating After Suspension (Class E misdemeanor Maximum Penalty:... - [STATE v. E.W.](https://www.notguiltyattorneys.com/case-results/state-v-e-w/): Charge: OUI; Illegal Transportation of Liquor by a Minor Maximum Penalty: $2,500. 00 fine Result: Dismissal of all charges. Client... - [STATE v. T.H.](https://www.notguiltyattorneys.com/case-results/state-v-t-h/): Charge: OUI Maximum Penalty: $2,000. 00 fine; 364 days jail Result: OUI dismissed in return for a plea of guilty... - [STATE v. M.T.](https://www.notguiltyattorneys.com/case-results/state-v-m-t/): Offense: OUI Refusal... 30 days later client was arrested for a second OUI Maximum Sentence: 364 days jail on each... - [STATE v. T.T.](https://www.notguiltyattorneys.com/case-results/state-v-t-t/): Charge: 4 Counts of Aggravated Assault (Class B felony) and 1 Count of Reckless Conduct (Class C felony) Maximum Penalty:... - [STATE v. S.L.](https://www.notguiltyattorneys.com/case-results/state-v-s-l/): Charges: DV Assault; Violation of Conditions of Release Maximum Penalty: $3,000. 00 fine; 18 months jail; 2 years probation; certified... --- ## Staff - [Daniel D. Feldman](https://www.notguiltyattorneys.com/bio/daniel-d-feldman/): Significant Experience In Criminal Charges OUI / DWI Charges Sex Crimes Drug Charges Federal Charges Domestic Violence Juvenile Offenses What... - [Jennifer A. Davis](https://www.notguiltyattorneys.com/bio/jennifer-a-davis/): Attorney Jennifer Davis, a well sought out advocate, has dedicated two decades to building a successful law career focused on criminal law. - [Laura Lowenthal](https://www.notguiltyattorneys.com/bio/laura-lowenthal/): What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Chief of... - [Mikayla Martin](https://www.notguiltyattorneys.com/bio/mikayla-martin/): Mikayla Martin excels in criminal defense cases in Maine, handling cases from drug charges to homicide with comprehensive legal knowledge. - [Thomas L. Richard](https://www.notguiltyattorneys.com/bio/tom-richard/): With extensive criminal defense experience, Attorney Thomas Richard defends clients in Maine with expertise and empathy, seeking favorable outcomes. - [Leonard “Lenny” Sharon](https://www.notguiltyattorneys.com/bio/leonard-sharon/): Significant Experience In Criminal Charges OUI/DWI Charges Sex Crimes Drug Charges What Our Clients Say Read More Reviews Email info@mainecdg.... - [Nathan Hitchcock](https://www.notguiltyattorneys.com/bio/nathan-hitchcock/): With extensive trial experience, Senior Attorney Nathan Hitchcock defends clients facing criminal charges in Maine with empathy and expertise. - [William T. Bly](https://www.notguiltyattorneys.com/bio/william-t-bly/): William Bly, esteemed OUI & defense attorney in Maine, boasts extensive DUI expertise, dedicated to justice in federal & state courts. --- # # Detailed Content ## Pages ### Yarmouth Domestic Violence Defense Attorneys > Facing domestic violence charges in Yarmouth, Maine? Our attorneys fight to protect your rights and future. Call now for a consultation. - Published: 2025-06-13 - Modified: 2025-06-13 - URL: https://www.notguiltyattorneys.com/yarmouth-domestic-violence-defense-attorneys/ Domestic violence in Yarmouth typically refers to abuse between intimate partners or family members, including physical, emotional, or verbal harm. These charges are serious and can lead to life-altering legal consequences. Skilled Domestic Violence Defense Lawyers in Yarmouth, Maine A domestic violence accusation in Yarmouth, Maine, can disrupt your life immediately and permanently. Even without a conviction, you may face protective orders, custody restrictions, and lasting reputational harm. If convicted, the penalties can include jail time, the loss of gun rights, and a permanent criminal record that jeopardizes your job, housing, and personal relationships. Domestic violence cases often arise from intense personal conflicts—and sometimes from exaggerated claims or false allegations. Prosecutors in Cumberland County take a tough stance on these charges and may pursue a case even if the alleged victim does not want to press forward. That’s why it’s essential to retain a Yarmouth criminal defense attorney who understands how to respond quickly, protect your rights, and build a strategic defense from day one. At The Maine Criminal Defense Group, our attorneys bring decades of experience defending clients throughout Maine against domestic violence charges. We investigate the facts, challenge unreliable evidence, and ensure your side of the story is fully represented. Our team is committed to protecting your rights, minimizing the impact of the charges, and pursuing the best possible outcome for your case. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses... --- ### Lewiston Sex Crime Defense Attorneys > If you've been charged or accuse of a sex crime in Lewiston, Maine, contact our experienced sex crime defense attorneys for help today. - Published: 2025-06-10 - Modified: 2025-06-10 - URL: https://www.notguiltyattorneys.com/lewiston-sex-crime-defense-attorneys/ Sex crimes in Lewiston encompass a wide range of serious offenses, from sexual assault and unlawful sexual contact to the possession or distribution of child pornography. While these charges vary in nature and severity, they all involve allegations of unlawful sexual conduct—and carry significant legal and personal consequences. If you’ve been accused or charged, it’s critical to speak with an experienced Lewiston sex crimes defense lawyer as early as possible. Experienced Sex Crime Defense Attorneys Serving Lewiston, Maine When you are accused of a sex crime in Maine, skilled legal defense is of paramount importance for defending your rights. Key Takeaways: There are a variety of types of sex crimes, including gross sexual assault, child molestation, and possession of child pornography. Penalties may include lengthy prison sentences, lifetime registration as a sex offender, and a permanent criminal record. Our Lewiston sex crime defense lawyers are committed to protecting your rights and helping you move forward with your life. When you’re facing sex crime allegations in Lewiston, the consequences can feel immediate and devastating. Your job, relationships, and reputation may hang in the balance—even before your case makes it to court. With so much at stake, it’s vital to have a defense team that understands how to respond swiftly, build a strategy, and stand firmly in your corner. At The Maine Criminal Defense Group, our Lewiston sex crime defense lawyers work with individuals accused of serious sexual offenses. We understand how overwhelming these cases can be, and we’re here to help you fight back. From day one, we prioritize protecting your rights, uncovering the facts, and doing everything possible to help you get your life back on track. Request a consultation today to learn more about your legal options. Should I Represent Myself for a Sex Crime Charge in Maine? (Video) Understanding Sex Crime Charges in Maine Sex crime charges cover a wide range of alleged behaviors under Maine law. Whether... --- ### Auburn Child Pornography Defense Attorneys > Accused of Auburn child pornography charges? Protect your rights—talk to a Maine criminal defense lawyer with experience in sex crime defense. - Published: 2025-06-09 - Modified: 2025-06-09 - URL: https://www.notguiltyattorneys.com/auburn-child-pornography-defense-attorneys/ In Auburn, Maine, child pornography laws prohibit the production, possession, or distribution of any sexually explicit material involving minors. These charges are prosecuted aggressively and carry severe penalties under both state and federal law. Highly Experienced Child Pornography Defense Attorneys in Auburn, Maine Being accused of possessing child pornography in Maine can have life-shattering consequences. You need a strong legal defense immediately. Key Takeaways: Possession, distribution, or downloading of child pornography in Maine is a serious criminal offense with steep penalties. Convictions can lead to years in prison, massive fines, and mandatory sex offender registration. Our Auburn child pornography defense lawyers are here to defend your rights and help you get your life back on track. Facing accusations of possessing child pornography is one of the most serious and damaging allegations a person can experience. These charges can ruin your personal relationships, destroy your career, and place your future in jeopardy even before you step foot in a courtroom. The weight of the stigma, combined with the harsh legal consequences, makes having an experienced legal defense team absolutely critical. At The Maine Criminal Defense Group, our Auburn child pornography defense lawyers understand how overwhelming these accusations can be. We know that many cases involve complicated evidence, questionable search procedures, or misunderstandings. That’s why we take the time to learn your side of the story, evaluate the charges carefully, and fight to protect your rights. Request a consultation today and let us help you take the first step toward getting your life back on track. Understanding Child Pornography Charges in Maine Child pornography—also referred to in legal terms as child sexual abuse materials (CSAM)—includes any sexually explicit images, videos, or digital files involving minors. In... --- ### Berwick Domestic Violence Defense Attorneys > Facing domestic violence charges in Berwick, Maine? Our defense attorneys are ready to protect your rights. Call now for a case evaluation. - Published: 2025-06-03 - Modified: 2025-06-09 - URL: https://www.notguiltyattorneys.com/berwick-domestic-violence-defense-attorneys/ In Berwick, Maine, domestic violence typically refers to allegations of abuse within intimate or family relationships—including physical, verbal, emotional, or psychological harm. These charges are taken seriously by law enforcement and prosecutors, and a single accusation can lead to significant legal and personal consequences. Experienced Domestic Violence Defense Lawyers in Berwick, Maine Being accused of domestic violence in Berwick, Maine, is a high-stakes legal matter with immediate and long-term consequences. Even without a conviction, you may face protective orders, restricted contact with your children, and significant reputational harm. A conviction can result in jail time, the loss of your right to possess firearms, and a permanent criminal record that can impact your ability to find employment, secure housing, or maintain personal and professional relationships. Domestic violence cases in York County are aggressively prosecuted—even when the alleged victim does not want to move forward with charges. These cases often arise from emotionally intense situations and can be based on misunderstandings or false claims. That’s why early intervention by a skilled criminal defense attorney is critical. At The Maine Criminal Defense Group, our Berwick criminal defense attorneys bring deep experience in domestic violence cases across Maine. We analyze every detail, challenge unreliable evidence, and fight to ensure your side of the story is heard. For non-citizens, we also assess potential immigration consequences and provide strategic legal guidance at every stage of your case. Domestic violence in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal charges, including:... --- ### Belfast Sexual Assault Defense Attorneys > If you've been charged or accused of sexual assault in Belfast, Maine, call us to fight for you and protect your rights. Call us now. - Published: 2025-05-29 - Modified: 2025-05-29 - URL: https://www.notguiltyattorneys.com/belfast-sexual-assault-defense-attorneys/ Being charged or accused of sexual assault in Belfast, Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Skilled Sexual Assault Defense Lawyers in Belfast, Maine Facing sexual assault charges in Belfast, Maine, is a life-altering experience with severe legal and personal consequences. A conviction can lead to imprisonment, mandatory sex offender registration, and long-term damage to your reputation and future opportunities. Maine law defines sexual assault broadly, covering offenses from unwanted physical contact to felony-level charges such as rape. These cases often hinge on conflicting testimonies and interpretations of consent, making it critical to have an aggressive criminal defense attorney on your side. At The Maine Criminal Defense Group, our skilled Belfast sexual assault defense attorneys are dedicated to protecting your rights. We meticulously analyze evidence, challenge weak accusations, and build a strong defense to ensure you receive a fair trial. If you are facing sexual assault allegations, we are here to provide the experienced legal representation you need. How Sexual Assault Is Defined Under Maine Law In Belfast, Maine, sexual assault is defined under Title 17-A §251 of the Maine Criminal Code and includes a broad range of unlawful sexual acts—even those that occur without physical force. Under the law, any sexual activity obtained through threats, whether physical, verbal, or implied, can be classified as sexual assault. More serious offenses fall under Gross Sexual Assault (Title 17-A §253), which applies when the alleged victim is legally unable to consent due to age, incapacity, or other protected circumstances. Notably, Maine law does not require the alleged victim to resist or physically fight back for the conduct to... --- ### Belfast Domestic Violence Defense Attorneys > Facing domestic violence charges in Cumberland, Maine? Our defense attorneys are ready to protect your rights. Call now for a confidential consultation. - Published: 2025-05-29 - Modified: 2025-05-29 - URL: https://www.notguiltyattorneys.com/belfast-domestic-violence-defense-attorneys/ Domestic violence in Belfast is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Skilled Domestic Violence Defense Attorneys in Belfast, Maine A domestic violence accusation in Belfast, Maine, can trigger immediate and serious consequences—even before a conviction. Protective orders, loss of child custody rights, and damage to your personal and professional reputation can happen within days. A conviction may result in jail time, loss of firearm privileges, and a permanent criminal record that can affect your employment, housing, and future. Domestic violence charges often arise from high-conflict situations, misunderstandings, or false allegations. In Waldo County, prosecutors aggressively pursue these cases, even when the alleged victim does not want to press charges. That’s why it’s critical to work with a knowledgeable and experienced criminal defense attorney who understands Maine’s domestic violence laws and can act quickly to protect your rights. At The Maine Criminal Defense Group, our Belfast-based criminal defense attorneys bring decades of experience defending clients throughout Maine. We build strong defenses by carefully analyzing evidence, exposing inconsistencies, and ensuring your voice is heard. If you are a non-citizen, we also provide clear guidance on how domestic violence charges may affect your immigration status. From the moment you’re accused, we are here to protect your future. How Domestic Violence Is Defined Under Maine Law In Maine, domestic violence is broadly defined to include a range of abusive behaviors committed against a family or household member. This includes current or former spouses, domestic partners, cohabitants, individuals in dating relationships, and certain family members. Importantly, domestic violence does not require visible injuries—emotional, psychological, sexual, and... --- ### Auburn Domestic Violence Defense Attorneys > Domestic violence charges in Auburn, Maine can have serious consequences. Our defense attorneys fight to protect your rights and future. - Published: 2025-05-28 - Modified: 2025-05-29 - URL: https://www.notguiltyattorneys.com/auburn-domestic-violence-defense-attorneys/ In Auburn, Maine, domestic violence typically refers to abuse between spouses, partners, or family members and may include physical, emotional, or verbal harm. Allegations can lead to serious criminal charges, protective orders, and long-term consequences for your freedom, reputation, and rights. Experienced Domestic Violence Defense Lawyers in Auburn, Maine Facing domestic violence charges can be overwhelming, and your future, freedom, and reputation may be at risk. That’s why it’s critical to have experienced legal representation by your side to protect your rights. Key Takeaways: Domestic violence charges can lead to severe legal penalties, including jail time, fines, and restraining orders. Convictions may also affect your personal relationships, reputation, and future opportunities. Our Auburn domestic violence defense lawyers can provide the support and aggressive defense you need to help you get your life back on track. If you are facing domestic violence charges in Maine, a conviction can impact the rest of your life. Domestic violence accusations can lead to criminal penalties, including jail time, fines, and a long-lasting criminal record. Additionally, you could face civil consequences, such as a restraining order that could affect your living arrangements, relationships, and job prospects. However, with the help of our skilled Auburn domestic violence defense lawyers, you have the opportunity to fight back and have your charges potentially reduced or dismissed. At The Maine Criminal Defense Group, we are committed to helping you regain control of your life. We offer professional and aggressive criminal defense representation designed to protect your rights. To explore your options and discuss your case in more detail, reach out to request a consultation today. Understanding Domestic Violence Charges in Maine Domestic violence in Maine refers to any abusive behavior used to control, manipulate, or dominate an intimate partner or... --- ### Auburn Drug Crimes Defense Attorneys > Accused of a drug crime in Auburn, Maine? Our experienced criminal defense attorneys fight to protect your rights. Call for a consultation. - Published: 2025-05-28 - Modified: 2025-05-28 - URL: https://www.notguiltyattorneys.com/auburn-drug-crimes-defense-attorneys/ In Auburn, Maine, law enforcement aggressively enforces the state’s strict drug laws—often arresting individuals facing addiction or personal hardship. If you're facing drug charges in the Auburn area, you need a strong, experienced defense to protect your rights, your record, and your future. Drug Crime Defense Lawyers Serving Auburn, Maine Whether you're facing possession, trafficking, or distribution charges, the consequences of a drug crime conviction could include jail time, fines, and a permanent criminal record. That’s why the right legal representation can make all the difference. Key Takeaways: Drug charges in Maine can result in severe penalties, including prison sentences, significant fines, and long-lasting impacts on your life. The defense strategies used by our team can help reduce or dismiss charges based on the circumstances of your case. With over 80 years of combined experience, our Auburn drug crime lawyers are committed to helping you get your life back on track. When you are dealing with high level drug charges, your future is at stake. A conviction can significantly impact your freedom, reputation, and ability to find employment. To protect yourself against severe legal penalties, engaging the help of a qualified legal counsel can help you potentially have your charges reduced or dismissed altogether. At The Maine Criminal Defense Group, our team of experienced Auburn drug crime lawyers has over 80 years of combined legal experience, and our lawyers will work tirelessly to protect your rights and explore every option for defending your case. Reach out to request a consultation and begin discussing your defense strategy today. What You Need to Know About Drug Charges in Maine In Maine, drug crimes are taken very seriously. These charges can range from simple possession of a controlled substance to more serious crimes like drug trafficking... --- ### Bath Sexual Assault Defense Attorneys > If facing sexual assault charges in Bath, Maine The Maine Criminal Defense Group provides aggressive legal defense to protect your rights. - Published: 2025-05-27 - Modified: 2025-05-28 - URL: https://www.notguiltyattorneys.com/bath-sexual-assault-defense-attorneys/ A sexual assault charge in Bath, Maine can have devastating consequences for your freedom, reputation, and future. Skilled legal defense is essential to protect your rights and fight back against these serious accusations. Sexual Assault Defense Lawyers in Bath, Maine Sexual assault is one of the most serious criminal charges someone can face in Bath, Maine. These charges cover a broad range of alleged conduct—from unlawful sexual contact to gross sexual assault (rape)—and often involve claims of non-consensual activity, coercion, or sexual acts with someone legally unable to give consent, such as a minor or an incapacitated person. A conviction can bring devastating consequences, including lengthy prison sentences, mandatory sex offender registration, and permanent damage to your reputation, employment, and relationships. Prosecutors in Sagadahoc County aggressively pursue these cases, making early legal intervention critical. If you’ve been charged or accused of sexual assault in Bath or the surrounding areas, don’t wait. The experienced criminal defense attorneys at The Maine Criminal Defense Group are prepared to protect your rights, challenge the evidence, and fight for the best possible outcome in your case. How Sexual Assault Is Defined Under Maine Law In Bath, Maine, sexual assault is defined under Title 17-A §251 of the Maine Criminal Code and includes a broad range of unlawful sexual acts. A person may be charged with sexual assault even in the absence of physical force. Under Maine law, any sexual act obtained through **threats—whether physical, verbal, or implied—**can meet the legal threshold for sexual assault. Gross sexual assault, as outlined in Title 17-A §253, refers to more severe offenses involving individuals who are legally unable to give consent. This includes cases where the alleged victim is underage or mentally... --- ### Bath Domestic Violence Defense Attorneys > Facing domestic violence charges in Bath, Maine? Our defense attorneys are ready to protect your rights. Call now for a confidential consultation. - Published: 2025-05-26 - Modified: 2025-05-26 - URL: https://www.notguiltyattorneys.com/bath-domestic-violence-defense-attorneys/ Domestic violence in Bath is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Bath, Maine Being accused of domestic violence in Bath, Maine, is a serious legal matter that can have both immediate and lasting consequences. Even without a conviction, you may face restraining orders, custody restrictions, and damage to your reputation. A conviction can lead to jail time, loss of firearm rights, and a permanent criminal record that affects your ability to find work, secure housing, or maintain personal relationships. Domestic violence cases often begin with emotionally charged situations and can escalate quickly—sometimes based on false accusations or misunderstandings. Prosecutors in Sagadahoc County take these cases seriously and often move forward even if the alleged victim does not wish to press charges. That’s why it’s essential to have an experienced criminal defense attorney near you who can take swift action to protect your rights and start building a strong defense. At The Maine Criminal Defense Group, our Bath criminal defense attorneys have decades of experience handling domestic violence cases throughout Maine. We investigate the facts, challenge inconsistent evidence, and work to ensure that your side of the story is fully heard. If you are a non-citizen, we also evaluate any potential immigration risks so you can make informed decisions at every step. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and... --- ### York Sexual Assault Defense Attorneys > Charged with sexual assault in York, Maine? Our skilled defense lawyers will fight to protect your rights and freedom. Call us for help now. - Published: 2025-05-16 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/york-sexual-assault-defense-attorneys/ Being charged or accused of sexual assault in York, Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Sexual Assault Defense Lawyers in York, Maine If you’ve been accused or charged with sexual assault in York, Maine, you need to take immediate legal action. These are serious criminal allegations that can lead to prison time, mandatory sex offender registration, and permanent damage to your personal and professional reputation. Sexual assault charges in Maine range from unlawful sexual touching to gross sexual assault, and often involve complex questions of consent, conflicting statements, or unreliable evidence. That’s why it’s critical to have an experienced York criminal defense lawyer who knows how to challenge weak claims and protect your rights in and out of court. At The Maine Criminal Defense Group, our York-based sexual assault defense attorneys bring decades of experience defending clients across southern Maine. We know how to scrutinize evidence, expose flaws in the prosecution’s case, and fight for the best possible outcome. If you're under investigation or have already been charged, we’re ready to provide the skilled, aggressive defense you need. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in York, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to resist or fight back for an... --- ### York Domestic Violence Defense Attorneys > Experienced domestic violence defense attorneys in York, Maine will protect your rights and fight for the best outcome in your case. Call us. - Published: 2025-05-15 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/york-domestic-violence-defense-attorneys/ Domestic violence in York is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in York, Maine A domestic violence accusation in York, Maine, can have immediate and far-reaching consequences. Even without a conviction, you may be subject to restraining orders, custody limitations, and damage to your personal and professional reputation. A conviction can result in jail time, loss of firearm rights, and a permanent criminal record that affects your ability to secure housing, employment, and future opportunities. Domestic violence cases often arise from emotionally charged situations and may involve false allegations or serious misunderstandings. In York County, prosecutors aggressively pursue these charges—even when the alleged victim does not want to move forward. That’s why it’s critical to work with an experienced criminal defense attorney near you who can respond quickly, protect your rights, and begin building a strong defense strategy. At The Maine Criminal Defense Group, our York criminal defense attorneys bring decades of experience to domestic violence cases across Maine. We conduct a detailed investigation of the facts, challenge weak or inconsistent evidence, and ensure your voice is heard throughout the legal process. If you are a non-citizen, we also assess potential immigration consequences to help you make informed decisions about your defense. What Constitutes Domestic Violence in York, Maine? In Maine, domestic violence is defined as abusive behavior committed against someone with whom the accused has a close or family relationship. This includes spouses, former spouses, dating partners, cohabitants, and family members. Abuse may be physical, emotional, psychological, sexual, or even financial—and it does not require... --- ### Bar Harbor Sexual Assault Defense Attorneys > If charged with sexual assault in Bar Harbor The Maine Criminal Defense Group provides skilled legal defense to protect your rights. Call us. - Published: 2025-05-08 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/bar-harbor-sexual-assault-defense-attorneys/ A sexual assault charge in Bar Harbor, Maine can severely impact your freedom, reputation, and future—making it essential to have an experienced defense attorney protecting your rights. Sexual Assault Defense in Bar Harbor, Maine Sexual assault is one of the most serious criminal charges a person can face in Bar Harbor, Maine. These offenses range from unlawful sexual contact to gross sexual assault (rape) and often involve accusations of non-consensual activity, coercion, or sexual acts with individuals who are legally unable to consent—such as minors or incapacitated persons. A conviction for sexual assault can result in harsh penalties, including years in prison, mandatory sex offender registration, and long-term damage to your reputation, career, and relationships. These cases are aggressively prosecuted in Hancock County and require a strategic, evidence-based defense. If you’ve been charged with sexual assault in Bar Harbor or are under investigation, contact The Maine Criminal Defense Group. Our experienced criminal defense attorneys are committed to protecting your rights and fighting for the best possible outcome in your case. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Bar Harbor, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to resist or fight back for an act to be considered sexual assault. Sexual assault charges can arise from various circumstances, including engaging in sexual activity... --- ### Bar Harbor Domestic Violence Defense Attorneys > Charged with domestic violence in Bar Harbor, Maine? Our defense attorneys provide aggressive representation to protect your rights. Call us. - Published: 2025-05-02 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/bar-harbor-domestic-violence-defense-attorneys/ Domestic violence in Bar Harbor is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Bar Harbor, Maine Trusted Legal Protection for High-Stakes Criminal Charges. Being accused of domestic violence in Bar Harbor, Maine, is a serious matter with the potential to impact your freedom, reputation, and future. Even without a conviction, you could face immediate consequences such as protective orders, restricted access to your children, and damage to your personal and professional relationships. A conviction may lead to jail time, loss of firearm rights, and a permanent criminal record that follows you for life. Domestic violence cases often arise from emotional disputes and can escalate quickly—sometimes based on misunderstandings or false allegations. Prosecutors in Hancock County take these cases seriously and frequently move forward with charges, even if the alleged victim does not want to press them. That’s why it’s critical to work with a skilled criminal defense attorney in Bar Harbor who can act fast to protect your rights and begin building a strong legal defense. At The Maine Criminal Defense Group, our Bar Harbor domestic violence defense attorneys bring decades of experience to every case. We carefully review the facts, challenge weak or inconsistent evidence, and ensure that your voice is heard throughout the legal process. If you are not a U. S. citizen, we also help assess and manage the potential immigration consequences tied to your charges, so you can make fully informed decisions about your future. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with... --- ### Alfred Domestic Violence Defense Attorneys > Alfred domestic violence defense lawyers protecting your rights, freedom, and future. Call now for a confidential consultation with our team. - Published: 2025-04-30 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/alfred-domestic-violence-defense-attorneys/ In Alfred, domestic violence charges often stem from allegations of spousal abuse, which may involve physical harm, threats, or emotional intimidation—and a conviction can lead to serious legal and personal consequences. Experienced Domestic Violence Defense Lawyers in Alfred, Maine Facing domestic violence allegations in Alfred, Maine, is a serious legal matter that demands immediate attention. Even without a conviction, you could be subject to no-contact orders, restrictions on child custody or visitation, and long-term damage to your reputation. A conviction can lead to jail time, the loss of firearm rights, and a permanent criminal record—impacting your ability to find employment, secure housing, or maintain relationships. Domestic violence cases often arise from emotionally charged situations that can quickly spiral out of control—sometimes based on false accusations, miscommunication, or a misunderstanding. In York County, prosecutors aggressively pursue these charges, often moving forward even if the alleged victim no longer wishes to press charges. That’s why it’s critical to work with a skilled Alfred criminal defense attorney who can act quickly to protect your rights and build a strong, evidence-based defense. At The Maine Criminal Defense Group, our Alfred-based defense attorneys have decades of experience representing individuals charged with domestic violence across southern Maine. We thoroughly investigate your case, challenge inconsistencies in the prosecution’s evidence, and ensure your side of the story is heard. If you’re a non-citizen, we also evaluate potential immigration consequences to help you make informed legal decisions at every stage of the process. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be... --- ### Falmouth Drug Crimes Defense Attorneys > If you have been accused of any type of drug crime in Southern Mane, you need a skilled defense attorney to protect your rights. Call us now. - Published: 2025-04-30 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/falmouth-drug-crimes-defense-attorneys/ Falmouth, Maine’s strict drug laws mean law enforcement actively pursues arrests, often targeting individuals who may be struggling with addiction or difficult circumstances. If you're facing drug charges, you deserve a strong defense to protect your rights and your future. Charged With a Drug Offense in Falmouth, Maine? Protect Your Rights With a Skilled Defense Attorney. If you've been arrested for a drug-related offense in or near Falmouth, Maine, you're facing more than just criminal charges—you’re facing serious, long-term consequences. A conviction for drug possession, trafficking, distribution, or prescription drug fraud can lead to steep fines, incarceration, probation, and a permanent criminal record that could impact your employment, housing, education, and reputation. At The Maine Criminal Defense Group, we defend individuals in Falmouth and throughout Cumberland County who are facing state or federal drug charges. Our experienced criminal defense attorneys understand the complexities of Maine’s drug laws and the aggressive tactics used by law enforcement and prosecutors. We dig deep into the facts of your case, challenge unlawful searches or seizures, and build smart, strategic defenses tailored to your situation. Whether you're searching for a “drug crimes lawyer near me” or need immediate help with a pending charge, we are ready to fight for your future and your freedom. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and hallucinogens like MDMA. Crimes involving Schedule W substances carry the harshest penalties. Schedule... --- ### Falmouth Sexual Assault Defense Attorneys > Charged with sexual assault in Falmouth, Maine? The Maine Criminal Defense Group delivers aggressive defense to protect your rights & future. - Published: 2025-04-29 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/falmouth-sexual-assault-defense-attorneys/ A sexual assault charge in Falmouth, Maine can put your freedom, reputation, and future at serious risk—making it critical to have an experienced defense attorney fighting for you. Sexual Assault Defense Attorneys in Falmouth, Maine Facing sexual assault charges in Falmouth, Maine, is a serious and life-changing legal challenge. A conviction can lead to years of imprisonment, lifetime sex offender registration, and permanent damage to your reputation, career, and future opportunities—even before a verdict is reached. Maine law defines sexual assault broadly, covering a wide range of offenses from unwanted sexual contact to felony-level charges such as gross sexual assault (rape). These cases often rely on conflicting accounts and complex questions surrounding consent, making it critical to have a skilled and aggressive criminal defense attorney advocating for you. At The Maine Criminal Defense Group, our experienced Falmouth sexual assault defense lawyers are committed to protecting your rights at every stage of the process. We thoroughly investigate the evidence, challenge weak or unreliable accusations, and build strong, strategic defenses designed to secure the best possible outcome. If you are facing sexual assault allegations in Falmouth or the surrounding areas, our team is ready to stand by your side. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Falmouth, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to... --- ### Auburn Sexual Assault Defense Attorneys > Facing sexual assault charges in Auburn, Maine, The Maine Criminal Defense Group provides experienced legal defense to protect your rights. - Published: 2025-04-24 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/auburn-sexual-assault-defense-attorneys/ Sexual assault charges in Auburn carry severe consequences—including prison time, steep fines, and mandatory sex offender registration. These cases may involve allegations such as rape or the assault of a minor and are prosecuted aggressively in Maine. Experienced Sexual Assault Defense Lawyers in Auburn, Maine If you are facing sexual assault charges in Maine, your future, reputation, and freedom are at risk. The life-altering implications of a sexual assault conviction can mean years of imprisonment and registration on the sex offender list, which can have an effect on your opportunities for jobs and housing! However, when you have the help of experienced Auburn sexual assault defense lawyers, you can potentially have your charges reduced or dismissed. At The Maine Criminal Defense Group, we want to help you get your life back on track. We have a proven track record of experience and want to put our skills to use to help you. If you want to understand your options for fighting off sexual assault charges, reach out to request a consultation where we can get to know you and the specifics of your charges. What You Need to Know About Sexual Assault in Maine Sexual assault charges in Maine are treated very seriously. Sexual assault is a catch-all term for several different types of unwanted, nonconsensual sexual contact that is perpetuated through physical force, threats, or another type of coercion. Your charges might be less serious misdemeanor charges such as those associated with inappropriately touching another person or more serious felony charges such as those associated with rape. Depending on the circumstances, sexual assault can be charged as a class A felony, which comes with penalties that include: Up to $50,000 in fines Up to 30 years... --- ### Auburn Sex Crime Defense Attorneys > Facing sex crime charges in Auburn? The Maine Criminal Defense Group provides aggressive legal defense to protect your rights & future. - Published: 2025-04-24 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/auburn-sex-crime-defense-attorneys/ Sex crimes can be defined as any unlawful sexual act, including anything from sexual assault to possessing and/or distributing child pornography. The types of offenses that are included under the term "sex crime" are broad and wide-ranging, but they must all be inherently sexual in nature. When you are accused of a sex crime, everything from your reputation to your freedom is at risk. There are a variety of types of sex crimes and many associated penalties, not the least of which is the requirement that the perpetrator register as a sex offender. When you have a strategic defense on your side, you have the potential to save yourself from these consequences. The Auburn sex crime defense lawyers of The Maine Criminal Defense Group have the experience and tenacity to defend you against accusations of criminal sexual activity, including, but not limited to: rape, assault of a minor, and creating or distributing child pornography. We offer confidential consultations to get to know you and your set of circumstances and develop strategic defenses on your behalf. Reach out to request a consultation and let us help you get your life back on track. Should I Represent Myself for a Sex Crime Charge in Maine? How Our Auburn Sex Crime Defense Lawyers Can Help You With over 85 years of combined experience, The Maine Criminal Defense Group has the skill to advocate for you against sex crime charges. We want to defend you against accusations that have the potential to ruin the rest of your life and put your rights at risk. As a team, we have extensive trial experience, so we are ready to go to court and fight for you to have your charges reduced or dismissed altogether. Our team is accessible and responsive, so you... --- ### Freeport Drug Crimes Defense Attorneys > Experienced drug crime defense attorneys in Freeport, Maine protecting your rights and fighting for your future. Call now for a consultation. - Published: 2025-04-21 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/freeport-drug-crimes-defense-attorneys/ Maine’s strict drug laws mean law enforcement actively pursues arrests, often targeting individuals who may be struggling with addiction or difficult circumstances. If you're facing drug charges, you deserve a strong defense to protect your rights and your future. Drug Crime Defense Attorney in Freeport, Maine Strategic Criminal Defense When Your Future Is on the Line Facing drug charges in Freeport, Maine, is a serious legal challenge that can carry life-changing consequences. Whether you're accused of drug possession, trafficking, distribution, or prescription drug fraud, a conviction can lead to jail time, heavy fines, probation, and a permanent criminal record that can affect employment, housing, and future opportunities. Drug crimes are aggressively prosecuted in Cumberland County, and even first-time offenders may face significant penalties. Many cases hinge on the legality of a search or the reliability of evidence—making it critical to have an experienced criminal defense attorney near you who can protect your rights and challenge weaknesses in the prosecution’s case. At The Maine Criminal Defense Group, our Freeport drug crime defense attorneys use decades of combined experience to defend clients facing all types of drug-related charges. We thoroughly investigate every detail, challenge constitutional violations, and fight to reduce or dismiss charges through strategic negotiation or courtroom defense. Our goal is to protect your future at every stage of the legal process. Drug crime schedules in Freeport, Maine In Freeport and across Maine, controlled substances are classified into four drug schedules—W, X, Y, and Z—based on their potential for abuse, accepted medical use, and overall risk to public health. The severity of drug crime charges and penalties depends heavily on the classification of the substance involved. Understanding these schedules is critical to building an informed and strategic defense. Schedule W... --- ### Freeport Domestic Violence Defense Attorneys > Facing domestic violence charges in Freeport, Maine? Our defense attorneys are ready to protect your rights. Call now for a confidential consultation. - Published: 2025-04-21 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/freeport-domestic-violence-defense-attorneys/ Domestic violence in Freeport often refers to spousal abuse, including physical, emotional, or verbal harm—and the resulting charges can carry severe legal consequences. Accused of Domestic Violence in Freeport, Maine? Get the Defense You Deserve Being accused of domestic violence in Freeport, Maine, is a serious legal matter with the potential to impact every aspect of your life. Even without a conviction, you may face protective orders, custody limitations, and damage to your personal and professional reputation. A conviction can bring jail time, loss of firearm rights, and a permanent criminal record that affects your housing, employment, and relationships. These cases often stem from highly emotional situations and can escalate quickly—sometimes based on misunderstandings or false accusations. Prosecutors in Cumberland County pursue domestic violence cases aggressively, even if the alleged victim chooses not to cooperate. That’s why you need a skilled criminal defense attorney near you who can take immediate action to safeguard your rights and begin crafting a solid defense strategy. At The Maine Criminal Defense Group, our Freeport criminal defense attorneys bring decades of experience defending clients against domestic violence allegations. We investigate the details, challenge unreliable evidence, and ensure your voice is heard throughout the process. For non-citizens, we also provide guidance on potential immigration consequences to help you make fully informed legal decisions. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses... --- ### Sanford Sexual Assault Defense Attorneys > Facing sexual assault charges in Sanford, Maine, The Maine Criminal Defense Group provides aggressive legal defense to protect your rights. - Published: 2025-04-17 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/sanford-sexual-assault-defense-attorneys/ A sexual assault charge in Sanford, Maine can seriously affect your freedom, reputation, and future—making skilled legal defense essential from the start. Sexual Assault Defense Lawyers in Sanford , Maine Facing sexual assault charges in Sanford , Maine, is a life-altering experience with severe legal and personal consequences. A conviction can lead to imprisonment, mandatory sex offender registration, and long-term damage to your reputation and future opportunities. Maine law defines sexual assault broadly, covering offenses from unwanted physical contact to felony-level charges such as rape. These cases often hinge on conflicting testimonies and interpretations of consent, making it critical to have an aggressive criminal defense attorney on your side. At The Maine Criminal Defense Group, our skilled Sanford sexual assault defense attorneys are dedicated to protecting your rights. We meticulously analyze evidence, challenge weak accusations, and build a strong defense to ensure you receive a fair trial. If you are facing sexual assault allegations, we are here to provide the experienced legal representation you need. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Sanford, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to resist or fight back for an act to be considered sexual assault. Sexual assault charges can arise from various circumstances, including engaging in sexual activity with:... --- ### Sanford Domestic Violence Defense Attorneys > Facing domestic violence charges in Sanford, Maine? Our defense attorneys are able to protect your rights. Call for a consultation now. - Published: 2025-04-17 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/sanford-domestic-violence-defense-attorneys/ Domestic violence in Sanford is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Sanford, Maine Being accused of domestic violence in Sanford, Maine, is a serious legal matter that can have both immediate and lasting consequences. Even without a conviction, you may face restraining orders, custody restrictions, and damage to your reputation. A conviction can lead to jail time, loss of firearm rights, and a permanent criminal record that affects your ability to find work, secure housing, or maintain personal relationships. Domestic violence cases often begin with emotionally charged situations and can escalate quickly—sometimes based on false accusations or misunderstandings. Prosecutors in Sanford County take these cases seriously and often move forward even if the alleged victim does not wish to press charges. That’s why it’s essential to have an experienced criminal defense attorney near you who can take swift action to protect your rights and start building a strong defense. At The Maine Criminal Defense Group, our Sanford criminal defense attorneys have decades of experience handling domestic violence cases throughout Maine. We investigate the facts, challenge inconsistent evidence, and work to ensure that your side of the story is fully heard. If you are a non-citizen, we also evaluate any potential immigration risks so you can make informed decisions at every step. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and... --- ### Cumberland Sexual Assault Defense Attorneys > Facing sexual assault charges in Cumberland, The Maine Criminal Defense Group provides aggressive defense to protect your rights and future. - Published: 2025-04-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/cumberland-sexual-assault-defense-attorneys/ A sexual assault charge in Cumberland, Maine can jeopardize your freedom, reputation, and future—making experienced legal defense essential from day one. Accused of Sexual Assault in Cumberland, Maine? You Need a Strong Legal Defense Being charged with sexual assault in Cumberland, Maine, is a serious and life-changing event. A conviction can lead to prison time, lifetime sex offender registration, and long-term damage to your career, relationships, and reputation—even before a trial begins. Under Maine law, sexual assault encompasses a broad range of offenses, from unwanted touching to gross sexual assault (rape). These cases are often complex, involving conflicting statements, questions of consent, and emotionally charged allegations. The outcome frequently depends on the skill of your defense attorney and their ability to challenge unreliable evidence and flawed procedures. At The Maine Criminal Defense Group, our Cumberland-based sex crime defense attorneys fight to protect your rights at every stage of the legal process. We offer strategic, confidential, and aggressive legal representation for clients facing any form of sexual assault charge. If you're looking for a criminal defense attorney near you with the experience to handle high-stakes allegations, we’re here to help you protect your future. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Cumberland, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the... --- ### Biddeford Sexual Assault Defense Attorneys > Charged with sexual assault in Biddeford, Maine? Get a skilled defense attorney to protect your rights and fight for your future. Call now. - Published: 2025-04-07 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/biddeford-sexual-assault-defense-attorneys/ Being accused or charged with sexual assault in Biddeford, Maine is a life-altering situation that threatens your freedom, reputation, and future—making it critical to have an experienced criminal defense attorney fighting for you. Accused of Sexual Assault in Biddeford, Maine? Get Experienced Legal Defense Now Being charged with sexual assault in Biddeford is a serious matter that can impact every aspect of your life. A conviction may lead to years in prison, mandatory sex offender registration, and permanent damage to your personal and professional reputation. Even an allegation alone can carry devastating social consequences. Under Maine law, sexual assault includes a wide range of offenses—from unwanted sexual contact to aggravated sexual assault and rape. These cases often rely heavily on conflicting accounts and issues of consent, which means the outcome can hinge on the skill and strategy of your defense attorney. At The Maine Criminal Defense Group, our Biddeford-based sexual assault defense lawyers provide strategic, confidential, and aggressive representation for those accused of sex crimes. We thoroughly investigate every detail, challenge unreliable evidence, and protect your rights at every stage of the legal process. If you're searching for a criminal defense attorney near you in Southern Maine, we’re here to help you fight for your freedom and future. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Biddeford, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does... --- ### Augusta Child Pornography Defense Attorneys > If you've been accused of possessing child pornography in Augusta, Maine, you need a skilled defense attorney to protect your rights. - Published: 2025-04-04 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/augusta-child-pornography-defense-attorneys/ In Augusta, Maine, child pornography refers to any visual depiction—whether images or video—of sexually explicit conduct involving a minor. It is a serious criminal offense to possess, produce, or distribute such material, and those convicted face severe penalties under both state and federal law. Facing Child Pornography Charges in Augusta, Maine? Get Trusted Legal Help Now Being accused of possessing, distributing, or accessing child pornography is a serious criminal matter that can have life-changing consequences. In Augusta, child pornography charges are prosecuted harshly under both Maine and federal law, often resulting in prison time, sex offender registration, and lasting damage to your reputation and future. If you are under investigation or have already been charged, you need an experienced criminal defense attorney in Augusta who can act quickly to protect your rights. At The Maine Criminal Defense Group, we understand how to challenge digital evidence, expose flaws in law enforcement procedures, and build a powerful legal defense on your behalf. Contact us today for a confidential consultation with a trusted defense lawyer near you. How Child Pornography Is Classified Under Maine Law Child pornography laws in Maine are broad and complex, making it critical to understand how different types of content are classified—especially when defending against serious charges. These classifications often guide the severity of the charges and penalties you may face. The following categories represent escalating levels of severity in child pornography cases: Erotic Posing: Sexually suggestive images of minors, even when clothed or partially clothed, posed in a deliberately provocative manner. Explicit Erotic Posing: Depictions that emphasize the genital area of a child in an erotic context, whether clothed or nude. Explicit Sexual Activity: Visual material showing minors engaged in sexual acts, either alone or with other children, without the presence of... --- ### Augusta Sex Crime Defense Attorneys > If you’re facing sex crime charges in Augusta, Maine, The Maine Criminal Defense Group provides skilled legal defense to protect your rights. - Published: 2025-04-04 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/augusta-sex-crime-defense-attorneys/ Facing a sex crime accusation in Augusta, Maine is a high-stakes situation that can result in prison time, lifetime sex offender registration, and lasting harm to your personal and professional reputation. Whether you're being investigated or have already been charged, having an experienced Augusta sex crime defense lawyer on your side is essential to protecting your rights. Facing a Sex Crime Allegation in Augusta, Maine? Get the Defense You Deserve Being accused of a sex crime in Augusta is a life-changing event. Even without a conviction, the accusation alone can severely damage your reputation, career, and relationships. If convicted, you could face prison time, mandatory sex offender registration, and long-term restrictions on where you can live or work. At The Maine Criminal Defense Group, we know what’s at stake. Our Augusta-based sex crime defense attorneys provide discreet, strategic, and judgment-free legal representation. We carefully analyze every detail of your case, challenge weak evidence, and work to protect your rights, freedom, and future. If you’re searching for a trusted “sex crime defense attorney near me” in the Augusta area, contact our team today. We’re ready to stand with you from the very beginning. Should I Represent Myself for a Sex Crime Charge in Maine? (Video) Sex Crime Charges We Defend in Augusta, Maine Sex crime allegations in Augusta carry serious, lasting consequences. A conviction can lead to years behind bars, mandatory sex offender registration, and long-term damage to your personal and professional future. The stakes are high—which is why you need a local defense attorney with deep experience handling these complex and sensitive cases. At The Maine Criminal Defense Group, we represent individuals throughout Augusta and Central Maine who are facing a broad range of sex crime charges, including: Gross Sexual Assault Gross sexual assault involves engaging in a sexual act with another person through coercion, threats, or... --- ### Kennebunk Drug Crimes Defense Attorneys > Accused of a drug crime in Kennebunk, Maine? Our skilled defense attorneys fight to protect your rights and future. Call for a consultation. - Published: 2025-04-01 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/kennebunk-drug-crimes-defense-attorneys/ Maine’s strict drug laws mean law enforcement actively pursues arrests, often targeting individuals who may be struggling with addiction or difficult circumstances. If you're facing drug charges, you deserve a strong defense to protect your rights and your future. Kennebunk Drug Crimes Defense Lawyers - Local, Experienced, and Aggressive Legal Help If you’ve been charged with a drug crime in or near Kennebunk, Maine, the stakes are high. A conviction for possession, trafficking, or prescription drug fraud can lead to steep fines, jail time, and a lasting criminal record that may affect your job, housing, and future opportunities. Law enforcement and prosecutors in York County aggressively pursue these cases—so having a skilled defense lawyer is critical. At The Maine Criminal Defense Group, our criminal defense attorneys have over 50 years of combined experience defending clients under Maine’s tough drug laws. We take a strategic and hands-on approach to every case, examining how the evidence was obtained and challenging any unlawful searches or constitutional violations. Whether you're seeking a drug defense lawyer “near me” in Kennebunk or need immediate legal support after an arrest, we’re here to protect your rights and fight for your future. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and hallucinogens like MDMA. Crimes involving Schedule W substances carry the harshest penalties. Schedule X Covers depressants and hallucinogens not listed under Schedule W, such as chlorhexadol, nalorphine,... --- ### Scarborough Drug Crimes Defense Attorneys > Facing drug charges in Scarborough, Maine? Our drug crime lawyers will defend your rights & protect your freedom. Call now for a consultation. - Published: 2025-04-01 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/scarborough-drug-crimes-defense-attorneys/ Scarborough law enforcement takes drug offenses seriously, and individuals struggling with addiction or hardship are often caught in the system. If you're facing drug charges in Scarborough, you need an experienced criminal defense lawyer who will protect your rights and fight for your future. Trusted Criminal Defense for Drug Charges in Southern Maine If you’ve been charged with a drug crime in Scarborough or the surrounding area, your future is on the line. Drug charges in Maine can lead to steep fines, jail or prison time, probation, and a lasting criminal record that may impact your ability to work, find housing, or pursue education. Whether you're facing allegations of drug possession, distribution, trafficking, or prescription drug fraud, you need a proven legal defense—fast. At The Maine Criminal Defense Group, we provide experienced, aggressive representation for individuals charged with drug crimes in Scarborough, Maine. Our team of skilled criminal defense attorneys understands how local law enforcement and prosecutors handle these cases, and we work strategically to challenge the evidence, suppress unlawful searches, and protect your constitutional rights. We fight for reduced charges, dismissals, or favorable plea deals—always with your freedom and future as our top priority. If you're searching for a drug crimes defense lawyer near you in Scarborough, contact The Maine Criminal Defense Group today for a confidential case evaluation. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and hallucinogens like MDMA. Crimes involving Schedule... --- ### Biddeford Drug Crimes Defense Attorneys > Facing drug charges in Biddeford, Maine? Our experienced criminal defense attorneys are here to protect your rights and freedom. Call now! - Published: 2025-03-31 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/biddeford-drug-crimes-defense-attorneys/ In Biddeford, drug charges are aggressively pursued by law enforcement—even in cases involving addiction or personal hardship. If you’ve been arrested for a drug offense in Biddeford, you need a knowledgeable defense attorney who will stand up for your rights and work to safeguard your future. Charged With a Drug Crime in Biddeford, Maine? Get the Defense You Deserve. Facing drug charges in or near Biddeford is a serious legal matter with potentially life-changing consequences. A conviction could result in steep fines, jail or prison time, probation, and a permanent criminal record that may impact your job, housing, education, or professional licensing. Whether you’ve been charged with drug possession, distribution, trafficking, or prescription drug fraud, prosecutors in York County take these cases seriously—and so should you. At The Maine Criminal Defense Group, we represent individuals in Biddeford and surrounding areas who are facing drug-related charges. Our experienced criminal defense attorneys understand Maine’s complex drug laws and know how to challenge unlawful searches, unreliable evidence, and prosecutorial overreach. We take a strategic, aggressive approach to protecting your rights—working to reduce or dismiss charges, negotiate favorable plea deals, or defend you at trial when necessary. If you're searching for a “drug crimes lawyer near me” in Biddeford, we’re ready to fight for your future. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and hallucinogens like MDMA. Crimes involving Schedule W substances carry the harshest penalties. Schedule X Covers depressants... --- ### Augusta Drug Crimes Defense Attorneys > Accused of a drug crime in Augusta, Maine? Our experienced defense attorneys fight to protect your rights and your future. Call now for help. - Published: 2025-03-31 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/augusta-drug-crimes-defense-attorneys/ Law enforcement in Augusta and throughout Maine aggressively pursues drug-related arrests—often targeting individuals dealing with addiction or challenging life circumstances. If you’re facing drug charges in the Augusta area, you need a skilled defense attorney who will stand up for your rights and fight to protect your future. Charged With a Drug Crime in Augusta, Maine? Get the Defense You Deserve. Being arrested for a drug-related offense in or around Augusta, Maine, is a serious matter with potentially life-changing consequences. A conviction could mean steep fines, jail or prison time, and a permanent criminal record that impacts your employment, housing, and future opportunities. Whether you're facing charges for drug possession, trafficking, distribution, or prescription drug offenses, the stakes are high—and so is the prosecution’s determination to secure a conviction. At The Maine Criminal Defense Group, we provide trusted, experienced legal defense for individuals charged with drug crimes in Augusta and surrounding areas. Our criminal defense attorneys have a deep understanding of Maine’s drug laws and a proven track record of protecting clients’ rights. We carefully analyze the evidence, challenge unlawful searches or police mistakes, and build a tailored legal strategy aimed at reducing charges, getting your case dismissed, or negotiating the best possible outcome. If you’re searching for a drug crimes lawyer near Augusta, Maine, we’re ready to fight for you. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and hallucinogens like MDMA. Crimes involving Schedule W substances carry... --- ### Augusta Sexual Assault Defense Attorneys > Charged with sexual assault in Augusta, Maine? Our criminal defense attorneys are ready to protect your rights. Call now for a consultation. - Published: 2025-03-31 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/augusta-sexual-assault-defense-attorneys/ Being accused or charged with sexual assault in Augusta, Maine, is a serious offense that can threaten your freedom, reputation, and future—making it essential to have an experienced criminal defense attorney protecting your rights. Sexual Assault Defense Lawyers in Augusta, Maine Facing sexual assault charges in Augusta, Maine, is a life-altering legal crisis. A conviction can result in years of imprisonment, mandatory sex offender registration, and lasting damage to your reputation, relationships, and career. Even an accusation alone can lead to social stigma, job loss, and public scrutiny. Under Maine law, sexual assault includes a wide range of offenses—from unwanted sexual contact to gross sexual assault (rape). These cases often rely on conflicting accounts, disputed consent, and emotionally charged testimony. That’s why it's essential to work with an experienced criminal defense attorney who understands how to handle sensitive cases and push back against weak or unjust accusations. At The Maine Criminal Defense Group, our Augusta sexual assault defense attorneys have the experience, skill, and determination to fight for your future. We thoroughly investigate every detail, challenge the prosecution’s narrative, and work to protect your rights at every stage of the process. If you're facing sexual assault allegations, don’t wait—contact us today for the strong legal defense you deserve. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Augusta, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not... --- ### Cumberland Domestic Violence Defense Attorneys > Facing domestic violence charges in Cumberland, Maine? Our defense attorneys are ready to protect your rights. Call now for a confidential consultation. - Published: 2025-03-28 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/cumberland-domestic-violence-defense-attorneys/ Domestic violence in Cumberland is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Cumberland, Maine Being accused of domestic violence in Cumberland, Maine, is a serious legal matter that can have both immediate and lasting consequences. Even without a conviction, you may face restraining orders, custody restrictions, and damage to your reputation. A conviction can lead to jail time, loss of firearm rights, and a permanent criminal record that affects your ability to find work, secure housing, or maintain personal relationships. Domestic violence cases often begin with emotionally charged situations and can escalate quickly—sometimes based on false accusations or misunderstandings. Prosecutors in Cumberland County take these cases seriously and often move forward even if the alleged victim does not wish to press charges. That’s why it’s essential to have an experienced criminal defense attorney near you who can take swift action to protect your rights and start building a strong defense. At The Maine Criminal Defense Group, our Cumberland criminal defense attorneys have decades of experience handling domestic violence cases throughout Maine. We investigate the facts, challenge inconsistent evidence, and work to ensure that your side of the story is fully heard. If you are a non-citizen, we also evaluate any potential immigration risks so you can make informed decisions at every step. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and... --- ### Falmouth Domestic Violence Defense Attorneys > Charged with domestic violence in Falmouth, Maine? Contact our defense attorneys today to protect your rights and your freedom. Call now. - Published: 2025-03-28 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/falmouth-domestic-violence-defense-attorneys/ Domestic violence in Falmouth is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Skilled Domestic Violence Defense Lawyers in Falmouth, Maine Being accused of domestic violence in Falmouth, Maine, can quickly turn your life upside down. Even without a conviction, you may face protective orders, restricted contact with your children, and serious damage to your personal and professional reputation. A conviction can bring jail time, permanent firearm bans, and a lasting criminal record that affects housing, employment, and more. Many domestic violence cases arise from highly emotional situations and may involve false accusations or misunderstandings. Prosecutors in Cumberland County pursue these charges aggressively—even if the alleged victim does not wish to proceed. That’s why it’s critical to have an experienced criminal defense attorney near you who can act quickly to protect your rights and build a strong legal defense. At The Maine Criminal Defense Group, our Falmouth criminal defense attorneys understand what’s at stake in domestic violence cases. We thoroughly review the facts, challenge weak or inconsistent evidence, and ensure that your side of the story is fully heard. If you are not a U. S. citizen, we also assess the immigration consequences and help you make informed decisions throughout the process. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of... --- ### Portland Drug Crimes Defense Attorneys > If you've been accused of a drug offense in Portland, Maine, you need a skilled defense attorney to protect your rights. Call us now. - Published: 2025-03-28 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/portland-drug-crimes-defense-attorneys/ Maine’s strict drug laws mean law enforcement actively pursues arrests, often targeting individuals who may be struggling with addiction or difficult circumstances. If you're facing drug charges, you deserve a strong defense to protect your rights and your future. Protecting Your Future with Experienced Legal Representation in Portland Being charged with a drug crime in Portland, Maine, can have life-altering consequences. A conviction for drug possession, distribution, trafficking, or prescription fraud can lead to jail time, steep fines, probation, and a permanent criminal record that affects your employment, housing, and reputation. Prosecutors in Cumberland County take these cases seriously and will aggressively pursue a conviction—even for first-time offenders. Whether you’re accused of possessing a small amount of a controlled substance or facing more serious felony charges, it’s critical to have a knowledgeable criminal defense attorney near you who understands Maine’s evolving drug laws. These cases often involve issues like unlawful searches, flawed lab testing, or questionable witness statements—each of which may open the door to a strong legal defense. At The Maine Criminal Defense Group, our Portland drug crime defense attorneys bring decades of experience to the table. We analyze every detail of your case, challenge weak evidence, and advocate for reduced charges or case dismissal when possible. Our mission is to protect your rights and help you move forward with your life. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone,... --- ### Saco Drug Crimes Defense Attorneys > If you have been accused of any type of drug crime in Saco, Maine, you need a skilled defense attorney to protect your rights. Call us now. - Published: 2025-03-28 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/saco-drug-crimes-defense-attorneys/ Maine’s strict drug laws mean law enforcement actively pursues arrests, often targeting individuals who may be struggling with addiction or difficult circumstances. If you're facing drug charges, you deserve a strong defense to protect your rights and your future. Protecting Your Rights with Experienced Legal Representation in Saco If you've been charged with a drug crime in Saco, Maine, your freedom and future are on the line. Convictions for drug possession, trafficking, distribution, or prescription fraud can result in jail time, steep fines, probation, and a lasting criminal record. Local prosecutors pursue these cases aggressively, which means you need a strong legal advocate on your side from the very beginning. Drug charges in Maine often stem from traffic stops, home searches, or sting operations—and many involve constitutional issues like unlawful search and seizure. Whether you're facing a misdemeanor or felony charge, having a skilled criminal defense attorney near you in Saco can make all the difference in protecting your rights and building an effective defense. At The Maine Criminal Defense Group, our Saco drug crime defense attorneys use decades of combined experience to challenge the government’s case. We investigate the evidence, question the legality of the arrest, and work strategically to reduce charges, negotiate favorable outcomes, or fight for a dismissal when possible. Your future matters—and we’re here to defend it. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and... --- ### Augusta Domestic Violence Defense Attorneys > Accused of domestic violence in Augusta, Maine? Speak with our tenacious domestic violence defense attorney to protect your rights. Call us. - Published: 2025-03-28 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/augusta-domestic-violence-defense-attorneys/ Domestic violence is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Augusta, Maine A domestic violence charge in Augusta, Maine, can turn your life upside down. Whether it stems from a dispute with a spouse, partner, roommate, or family member, the consequences of a conviction are serious—jail time, no-contact orders, loss of firearm rights, and long-term effects on your job, reputation, and family life. These cases are often emotionally charged and can escalate quickly—sometimes based on misunderstandings or false accusations. Prosecutors in Kennebec County pursue domestic violence charges aggressively, even if the alleged victim doesn’t want to move forward. That’s why it’s critical to have an experienced criminal defense attorney near you who knows how to protect your rights and challenge the case against you. At The Maine Criminal Defense Group, our Augusta domestic violence defense lawyers are strategic, experienced, and ready to fight for your future. We evaluate the evidence, expose inconsistencies in the prosecution’s case, and ensure your rights are respected at every stage. If you’re a non-citizen, we also help assess the immigration impact of your charges and guide you through the next steps. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal charges, including: Domestic Violence Assault (Maine... --- ### Biddeford Domestic Violence Defense Attorneys > Accused of domestic violence in Biddeford, Maine? Speak with our skilled domestic violence defense attorney to protect your rights. Call now! - Published: 2025-03-27 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/biddeford-domestic-violence-defense-attorneys/ Domestic violence in Biddeford is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Biddeford, Maine Being accused of domestic violence in Biddeford, Maine, is a serious matter that can have immediate and long-term consequences. Even before a conviction, you may face restraining orders, loss of custody, and damage to your reputation. A conviction can lead to jail time, permanent firearm restrictions, and a criminal record that affects your job, housing, and relationships. These cases often arise from emotionally charged situations—sometimes involving misunderstandings or false accusations. Police and prosecutors in York County treat domestic violence claims seriously and pursue them aggressively, even when the alleged victim doesn’t want to press charges. That’s why it’s critical to have a skilled criminal defense attorney near you who can intervene early, protect your rights, and guide you through the process. At The Maine Criminal Defense Group, our Biddeford criminal defense attorneys bring decades of experience to every case. We scrutinize the evidence, challenge inconsistent testimony, and ensure your side of the story is heard. If you're a non-citizen, we also assess potential immigration consequences to help you make informed decisions about your defense. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal charges, including: Domestic Violence Assault (Maine... --- ### Scarborough Domestic Violence Defense Attorneys > Accused of domestic violence in Scarborough, Maine? Speak with our skilled domestic violence defense attorney to protect your rights. - Published: 2025-03-27 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/scarborough-domestic-violence-defense-attorneys/ Being charged with domestic violence in Scarborough, Maine, is a serious matter that can drastically impact your freedom, reputation, and relationships. Whether the allegation involves a spouse, partner, family member, or roommate, a conviction can lead to jail time, no-contact orders, loss of gun rights, and lasting damage to your personal and professional life. Experienced Domestic Violence Defense Lawyers in Scarborough, Maine Domestic violence cases are emotionally complex and often based on one person’s version of events. False accusations, misunderstandings, or exaggerated claims can quickly escalate into criminal charges. Law enforcement and prosecutors in Cumberland County take these cases seriously—and you need a strong legal advocate in your corner from the very beginning. At The Maine Criminal Defense Group, our experienced Scarborough domestic violence defense lawyers understand what’s at stake. Led by a team with deep knowledge of Maine criminal law, we know how to challenge weak evidence, uncover inconsistencies, and defend your rights throughout the legal process. We also work with non-citizen clients to evaluate the immigration risks associated with domestic violence charges. If you’re searching for a domestic violence attorney near you in Scarborough, don’t wait. The sooner you take action, the better your chances of protecting your freedom and your future. Contact The Maine Criminal Defense Group today to schedule a confidential consultation and start building your defense. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal charges, including: Domestic Violence Assault (Maine Revised Statutes §207-A) – Intentionally, knowingly, or recklessly causing bodily injury or offensive contact to... --- ### Maine Embezzlement Defense Attorneys > Facing embezzlement charges in Maine? Get experienced legal defense to protect your rights, career, and future. Call to protect your rights. - Published: 2025-03-21 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/maine-embezzlement-defense-attorneys/ Embezzlement is a serious white collar crime in Maine where a conviction can lead to hefty fines, prison time, and permanent damage to your professional reputation. Without an experienced defense attorney, you risk facing the full weight of the legal system alone. Embezzlement is the fraudulent appropriation of funds or property by an individual entrusted with managing them. Essentially, if someone wrongfully takes or misuses property entrusted to them for personal gain, it is prosecuted as theft under Maine's criminal code. In Maine, this white-collar crime is treated as a serious offense by the judicial system regardless of whether it occurs in the context of a business relationship, within a financial institution, or in a personal relationship. If you are accused of embezzlement, it is essential to take the appropriate actions to protect your freedom and reputation. Start with a case evaluation with the experienced embezzlement defense lawyers at The Maine Criminal Defense Group. What is embezzlement? Under Maine law, the crime of embezzlement is called theft by deception (Title 17A section 354). The element of deception differentiates this offense from other theft offenses. A person is guilty of theft by deception if they: “obtain or exercise control over property of another as a result of deception and with intent to deprive the other person of the property. ” In many cases, embezzlement cases involve the breach of fiduciary duty by a person with a special relationship with an institution, such as an employee who must handle client funds. This relationship of trust provides the opportunity for the misappropriation of money or other valuable items belonging to the organization—but embezzlement can also be committed against an individual. The “deception” element of embezzlement may result from submitting fake or inflated invoices to an... --- ### Scarborough Sexual Assault Defense Attorneys > Accused of sexual assault in Scarborough? Our defense attorneys fight to protect your rights & future. Call The Maine Criminal Defense Group. - Published: 2025-03-21 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/scarborough-sexual-assault-defense-attorneys/ Being charged or accused of sexual assault in Portland, Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Sexual Assault Defense Lawyers in Scarborough, Maine If you’ve been charged with sexual assault in Scarborough, Maine, your future is at risk. These are serious criminal charges that can lead to lengthy prison sentences, mandatory sex offender registration, and lasting damage to your reputation, relationships, and career. Even the mere accusation of sexual misconduct can carry immediate social and professional consequences. Maine law takes a broad approach to sexual assault offenses. Under state statutes, these charges can include anything from unwanted sexual contact to more serious felony offenses such as gross sexual assault (rape). Many of these cases depend heavily on conflicting witness accounts and complex issues of consent—which means that the right legal defense strategy can make all the difference in the outcome. At The Maine Criminal Defense Group, our experienced Scarborough sexual assault defense attorneys focus exclusively on criminal defense and have a deep understanding of how these cases are handled in York County courts. We thoroughly investigate the facts, challenge unreliable evidence, and aggressively advocate for our clients' rights at every stage of the legal process. If you're searching online for "best sexual assault lawyer near me in Scarborough" or need to understand your options after being arrested or accused, we’re here to help. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Scarborough, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual... --- ### Saco Sexual Assault Defense Attorneys > If you've been charged or accused of sexual assault in Saco, Maine, call us to fight for you and protect your rights. Call us now. - Published: 2025-03-21 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/saco-sexual-assault-defense-attorneys/ Being charged or accused of sexual assault in Saco, Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Sexual Assault Defense Lawyers in Saco, Maine If you’ve been accused or charged with sexual assault in Saco, Maine, it’s critical to act fast. These are serious charges that can result in prison time, mandatory sex offender registration, and permanent damage to your personal and professional life. Many people search for "Saco sexual assault lawyer" or "best defense attorney for sexual assault in Maine" because they understand what’s at stake. Maine law treats sexual assault as a broad category, including everything from unwanted sexual contact to felony-level offenses like rape. These cases often depend on conflicting accounts and interpretations of consent—making it essential to have an experienced, strategic criminal defense attorney fighting for you. At The Maine Criminal Defense Group, our Saco sexual assault defense lawyers have a proven track record of challenging weak evidence, exposing inconsistencies in the prosecution’s case, and protecting our clients' rights at every stage. If you're searching for legal help after a sexual assault accusation in Saco, we’re ready to provide the focused, experienced defense you need. How Sexual Assault Is Defined Under Maine Law If you're facing sexual assault charges in Saco, it's important to understand how Maine law defines these offenses. Under Title 17-A §251, sexual assault includes a wide range of conduct—not just acts involving physical force. In fact, any sexual activity obtained through threats, coercion, or manipulation—whether verbal, physical, or implied—can be prosecuted as sexual assault in Maine. A more serious charge, Gross Sexual Assault (Title 17-A §253), refers to sexual... --- ### Kennebunk Sexual Assault Defense Attorneys > If you've been charged with sexual assault in Kennebunk, Maine, call our defense attorneys to fight to protect your rights. Call us now. - Published: 2025-03-21 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/kennebunk-sexual-assault-defense-attorneys/ Being charged or accused of sexual assault in Kennebunk, Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Sexual Assault Defense Lawyers in Kennebunk, Maine Facing sexual assault charges in Kennebunk, Maine, is a life-altering experience with severe legal and personal consequences. A conviction can lead to imprisonment, mandatory sex offender registration, and long-term damage to your reputation and future opportunities. Maine law defines sexual assault broadly, covering offenses from unwanted physical contact to felony-level charges such as rape. These cases often hinge on conflicting testimonies and interpretations of consent, making it critical to have an aggressive criminal defense attorney on your side. At The Maine Criminal Defense Group, our skilled Kennebunk sexual assault defense attorneys are dedicated to protecting your rights. We meticulously analyze evidence, challenge weak accusations, and build a strong defense to ensure you receive a fair trial. If you are facing sexual assault allegations, we are here to provide the experienced legal representation you need. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Kennebunk, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to resist or fight back for an act to be considered sexual assault. Sexual assault charges can arise from various circumstances, including engaging in sexual activity with: A person... --- ### Portland Sexual Assault Defense Attorneys > If you've been charged or accused of sexual assault in Portland, Maine, call us to fight for you and protect your rights. Call us now. - Published: 2025-03-21 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/portland-sexual-assault-defense-attorneys/ Being charged or accused of sexual assault in Portland, Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Sexual Assault Defense Lawyers in Portland, Maine Facing sexual assault charges in Portland, Maine, is a life-altering experience with severe legal and personal consequences. A conviction can lead to imprisonment, mandatory sex offender registration, and long-term damage to your reputation and future opportunities. Maine law defines sexual assault broadly, covering offenses from unwanted physical contact to felony-level charges such as rape. These cases often hinge on conflicting testimonies and interpretations of consent, making it critical to have an aggressive criminal defense attorney on your side. At The Maine Criminal Defense Group, our skilled Portland sexual assault defense attorneys are dedicated to protecting your rights. We meticulously analyze evidence, challenge weak accusations, and build a strong defense to ensure you receive a fair trial. If you are facing sexual assault allegations, we are here to provide the experienced legal representation you need. Sexual assault defined in Maine Sexual assault, Title 17-A §251, in Portland, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to resist or fight back for an act to be considered sexual assault. Sexual assault charges can arise from various circumstances, including engaging in sexual activity with: A person... --- ### Saco Domestic Violence Defense Attorneys > Accused of domestic violence in Saco, Maine? Call our domestic violence defense attorneys immediately for help protecting your rights now. - Published: 2025-03-17 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/saco-domestic-violence-defense-attorneys/ Domestic violence is often associated with spousal abuse, but it can also involve partners, family members, or cohabitants. These charges can lead to severe legal consequences, including jail time, protective orders, and long-term damage to your reputation. Experienced Domestic Violence Defense Lawyers in Saco, Maine Being accused of domestic violence in Saco, Maine, can have devastating consequences, affecting your freedom, reputation, and future. Whether the allegations stem from a dispute with a spouse, partner, family member, or roommate, a conviction can result in jail time, protective orders, firearm restrictions, and a permanent criminal record. Even if the claims are exaggerated or based on misunderstandings, prosecutors take these cases seriously and aggressively pursue convictions. At The Maine Criminal Defense Group, our experienced criminal defense attorneys in Saco understand that every case has two sides. We fight to challenge weak evidence, expose inconsistencies, and ensure your rights are protected throughout the legal process. Whether you’re facing misdemeanor or felony charges, our team provides a strategic and aggressive defense aimed at achieving the best possible outcome. Don’t let an accusation determine your future—contact our criminal defense attorneys today to start building your defense. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal charges, including: Domestic Violence Assault (Maine Revised Statutes §207-A) – Intentionally, knowingly, or recklessly causing bodily injury or offensive contact to a household or family member. Domestic Violence Terrorizing (§210-B) – Making threats of violence... --- ### Kennebunk Domestic Violence Defense Attorneys > Charged or accused of domestic violence in Kennebunk, Maine? Call our skilled domestic violence defense attorneys immediately for help. - Published: 2025-03-17 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/kennebunk-domestic-violence-defense-attorneys/ Domestic violence is often associated with spousal abuse, but it can also involve partners, family members, or cohabitants. These charges may stem from physical violence, verbal threats, or emotional abuse, and a conviction can lead to severe legal consequences, including jail time, protective orders, and long-term damage to your reputation. Experienced Domestic Violence Defense Lawyers in Kennebunk, Maine Being accused of domestic violence in Kennebunk, Maine can have serious legal and personal consequences, potentially jeopardizing your freedom, reputation, and future opportunities. Whether the allegations involve a spouse, partner, family member, or roommate, a conviction can result in jail time, protective orders, firearm restrictions, and a lasting criminal record. Even if the accusations are exaggerated or based on misunderstandings, law enforcement and prosecutors take these cases seriously and often push for the harshest penalties. At The Maine Criminal Defense Group, we know that every domestic violence case has two sides to the story. Our experienced criminal defense attorneys in Kennebunk fight to challenge weak evidence, expose inconsistencies, and protect your rights throughout the legal process. If you're facing misdemeanor or felony domestic violence charges, you need a strategic, aggressive defense to help secure the best possible outcome. Don’t let an accusation define your future—contact us today to discuss your case and start building a strong defense. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal charges, including: Domestic Violence Assault (Maine Revised Statutes §207-A) – Intentionally, knowingly, or recklessly causing bodily injury or offensive contact to a household... --- ### Portland Domestic Violence Defense Attorneys > Accused of domestic violence in Portland, Maine? Speak with our skilled domestic violence defense attorney to protect your rights. Call now! - Published: 2025-03-14 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/portland-domestic-violence-defense-attorneys/ Domestic violence is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse, and charges can carry serious consequences. Experienced Domestic Violence Defense Lawyers in Portland, Maine Being accused of domestic violence in Portland, Maine, can be a life-changing experience, putting your freedom, reputation, and future at risk. Whether the charges stem from a dispute with a spouse, partner, family member, or roommate, a conviction can lead to jail time, protective orders, firearm restrictions, and long-term damage to your personal and professional life. Domestic violence cases are often emotionally charged and can escalate quickly, sometimes based on false allegations or misunderstandings. Law enforcement takes these accusations seriously, and prosecutors aggressively pursue convictions. If you are facing misdemeanor or felony domestic violence charges, securing a skilled criminal defense attorney is critical to protecting your rights. At The Maine Criminal Defense Group, we understand the high stakes involved in these cases. Our team fights to challenge weak evidence, expose inconsistencies, and ensure due process. If you are a non-citizen, we will also assess the potential immigration consequences of your charges. A domestic violence charge does not have to define your future. Contact our Portland domestic violence defense attorneys today to start building a strong defense and protect your rights. Domestic violence defined in Maine In Maine, domestic violence refers to any abusive behavior occurring between individuals with a close personal relationship. This includes spouses, former spouses, cohabitants, dating partners, and family members. The abuse may be physical, emotional, sexual, psychological, or financial, and does not always involve visible injuries. Under Maine law, domestic violence offenses encompass a broad range of criminal... --- ### South Paris, ME OUI Lawyers > Our South Paris OUI attorneys at The Maine Criminal Defense Group have the experience protecting your rights against DUI charges. Call now. - Published: 2025-01-10 - Modified: 2025-05-29 - URL: https://www.notguiltyattorneys.com/south-paris-maine-oui-attorneys/ OUI laws in South Paris, Maine, are strict and carry serious consequences, including hefty fines, license suspension, and even jail time. If you are stopped on suspicion of operating under the influence, it’s important to understand that law enforcement’s role is to gather evidence against you, not to assist or protect your rights. This is why having a knowledgeable and experienced OUI defense attorney on your side is critical to protecting your rights and navigating the legal process effectively. Facing Operating Under the Influence (OUI) charges in South Paris, Maine, requires immediate action and a strong legal defense. OUI convictions can lead to severe consequences, including license suspension, steep fines, a permanent criminal record, and even jail time. Law enforcement and prosecutors take these charges seriously, leaving little room for leniency without skilled representation. At The Maine Criminal Defense Group, our experienced OUI defense attorneys in South Paris are dedicated to protecting your rights and your future. With an in-depth understanding of Maine’s OUI laws and a proven track record of navigating the local court system, we craft tailored defense strategies to minimize the impact of these charges and fight for the best possible outcome. Common Concerns About OUI Charges In South Paris, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in South Paris, Maine Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08... --- ### Maine Traffic Violation Defense Attorneys > Traffic violations in Maine are not usually a criminal offense but some violations like, criminal speeding, can result in criminal charges. Call for help. - Published: 2024-09-23 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-traffic-violation-defense-attorneys/ Many drivers in Maine who receive a traffic ticket for speeding or another infraction simply pay it without thinking twice. That can be a mistake. Not only does it mean that you admit guilt to a traffic offense but it could lead to the loss of your driver’s license or worse. It helps to know more about your options if you are accused of speeding or another traffic violation in Maine. What can you do if you are issued a Maine traffic ticket? A traffic violation in Maine is not usually a criminal offense though some serious violations like criminal speeding can result in criminal charges (see below). In any case, you do not simply need to accept the accusation. If you receive a ticket for speeding or another infraction, you will need to “answer” it within 20 days. To do this, you fill out the back of the ticket and send it back to the address detailed. When filling out the ticket, you can either plead guilty by answering the ticket as “admitted” (and pay the fine) or as “contested”. If you do the latter, the state will need to prove your violation in court. While many drivers do not consider contesting their tickets, there are often legitimate defenses and a traffic ticket lawyer can often successfully fight the accusation. Besides, many tickets are issued wrongfully in Maine every week. How do you contest a speeding ticket or other traffic violation? If you contest your traffic ticket, a date... --- ### Maine Tax Fraud Defense Attorneys > Charged with tax fraud in Maine? Learn about the serious consequences, including fines and prison, and why expert legal defense is crucial. - Published: 2024-08-13 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/maine-tax-fraud-defense-attorneys/ Tax fraud and tax evasion are terms that may strike fear into law-abiding individuals. Tax fraud is a white-collar crime that may be prosecuted as a federal or state offense. In federal cases, notoriously aggressive prosecutors often seek potentially life-altering penalties. Most of these cases involve intentionally failing to pay federal taxes but, thankfully, compared with the number of taxpayers in Maine, these cases are relatively rare—and the number of federal tax fraud cases is decreasing. Any tax fraud or tax evasion investigation must be taken seriously and seeking the appropriate legal assistance should be a priority even before criminal charges are filed. What is tax fraud? Tax fraud laws in Maine are covered under Maine Revised Statutes §184-A: Intentional Evasion of Tax. Under these laws, taxpayers who commit any act that intentionally avoids paying taxes are guilty of the crime of tax evasion. This can result in heavy fines and even prison sentences. The severity of the consequences depends on the amounts involved in the alleged tax evasion case. If the amount of evaded tax is $2,000 or less, it is a Class D crime in Maine. If the amount is over $2,000, Class C criminal charges can be filed. If you are charged federally under the United States Code (U. S. C. ), the penalties are likely to be harsher (as illustrated below). Unintentional failure to pay tax may be categorized as negligence rather than fraud or deliberate tax evasion. Many people do not understand the complex tax codes and make unintentional mistakes when paying taxes. If this is proven, taxpayers cannot be convicted of tax fraud. A conviction requires an intentional act. However, they may be required to pay “back taxes” PLUS a penalty amount of 25 percent... --- ### Maine Insurance Fraud Defense Attorneys > Our insurance fraud defense lawyers are committed to protecting your rights when facing charges of fraud in Maine. Call us for help now. - Published: 2024-04-23 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-insurance-fraud-defense-attorney/ A glance at the potential penalties associated with insurance fraud — significant jail time and hefty fines — can tell you how seriously this offense is treated by the criminal justice system in Maine. If you’re accused of insurance fraud it’s essential to learn more about the charges against you, seek experienced legal advice, and start preparing a defense with your legal team. The team at The Maine Criminal Defense Group can guide you through the legal hurdles and provide the help and support you need to minimize the impact on your future. What is considered insurance fraud in Maine? Insurance fraud is best described as an illegal action by either the buyer or seller of insurance policies. Most people think of insurance fraud as an insured individual making incorrect or exaggerated claims to defraud an insurance company. For example, staging a fire to claim from a home insurance policy or filing an exaggerated claim for losses in a car accident could be found as insurance fraud. . They are misrepresentations made by the buyer to obtain an improper insurance payment. However, there are many other types of insurance fraud, such as the deceptive actions of insurance brokers. Typically, in Maine, we see insurance fraud charges for the following types of activities from buyers/claimants: Submitting false or misleading information to benefit from an insurance policy payout. Submitting false or misleading information to cause the insurance company to charge lower premiums. Filing a false police report to support a claim. Aiding another individual to present or prepare misleading or false information for insurance purposes. We also see cases of insurance fraud against the sellers or employees of insurance companies for the following types of activities:... --- ### Thank You - Published: 2024-01-31 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/thank-you/ Thank You Thanks for contacting us! We will get in touch with you shortly. --- ### Maine Vehicular Homicide Defense Attorneys > Facing vehicular homicide charges in Maine? A single mistake can alter your life. Get guidance from The Maine Criminal Defense Group now. - Published: 2023-10-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-vehicular-homicide-defense-attorneys/ If a person causes another person’s death while driving a motor vehicle in Maine, a felony charge of manslaughter or murder may be laid against the driver. Not all deaths caused by car accidents are criminal offenses — some accidents are unavoidable. Similarly, not all car accidents where someone is killed will result in a manslaughter or murder charge. However, if the driver was found to be negligent or reckless, the death may be classified as vehicular homicide. Depending on the circumstances of the alleged offense (and the mental state of the driver), the offense may be prosecuted as a felony (a Class A, B or C crime) in Maine. A conviction for such an offense is likely to lead to significant time in prison. However, there are often mitigating factors and various defenses available for experienced criminal defense lawyers to limit the consequences. If you’ve been charged with vehicular homicide in Maine, it is essential to get the best legal assistance possible to prevent it from negatively impacting your future. Driving-related homicide charges in Maine Whether it’s termed “vehicular manslaughter”, “vehicular homicide” or something else, people are killed on the roads in Maine and prosecutors need a way to charge drivers whose actions cause the death of another person. Many states have a "vehicular homicide" statute that applies exclusively to unlawful driving-related killings. Maine does not have a specific statute for this. Instead, a driver found to be negligent or reckless can be charged with manslaughter. To charge a... --- ### Maine Drugged Driving Defense Attorneys > Driving Under the Influence of drugs describes a state of intoxication which is criminal in Maine with heavy consequences. Call us for help. - Published: 2023-04-27 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/maine-drugged-driving-attorney/ Everyone knows that operating under the influence (OUI) in Maine covers alcohol. Fewer people are aware that it covers drugs, too. OUI's involving drugs are investigated differently than most drunk driving cases and are more likely to lead to other criminal charges, as well. The OUI defense lawyers at Maine Criminal Defense Group help people defend against both drunk driving and drugged driving accusations. Driving under the influence of drugs in Maine Maine's statute that prohibits OUI is 29-A Maine Statute § 2411. This law makes it illegal to drive with a blood alcohol content (BAC) of 0. 08% or higher. However, it also outlaws drugged driving by making it illegal to operate a motor vehicle while “under the influence of intoxicants. ” Those “intoxicants” can include: Prescription drugs Marijuana Cocaine Heroin Over the counter drugs The phrase “under the influence of intoxicants” is what makes a drugged driving case in Maine so tricky: Unlike drunk driving, where there is a BAC limit that police can turn to as evidence of guilt, drugged driving relies heavily – almost exclusively, in fact – on the perception of the arresting officer. With no objective baseline to use, this can spell trouble for anyone suspected of being under the influence of drugs while behind the wheel. Police have learned the catchphrases to use to make it sound like someone is under the influence of a vague and undetermined drug. When questioned about why the decided a driver was “under the influence of intoxicants” and made an arrest even though the driver passed the breathalyzer, police often testify that the driver: Had bloodshot eyes Seemed nervous Acted strangely Was twitching or seemed excited Was lethargic Smelled like marijuana. When this testimony is the centerpiece of an OUI case,... --- ### Freeport, ME OUI Lawyers > The Maine Criminal Defense Group OUI lawyers in Freeport has the experience and skills to successfully defend your DUI case in Maine. - Published: 2023-04-23 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/freeport-maine-oui-attorney/ OUI laws in Freeport, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Freeport, ME Defending against DUI offenses in Southern Maine Facing Operating Under the Influence (OUI) charges in Freeport, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Freeport bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Freeport court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Freeport, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Freeport, MaineUnder Maine OUI laws, it is illegal to operate a vehicle under the influence of alcohol or other intoxicants while driving in Freeport, Maine. Most drivers are aware of this and understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). However, it is important to note that you can still be arrested and charged with OUI even if you are within the legal limit. If a law enforcement officer suspects that you are operating a vehicle in an impaired way, you will be arrested and required to undergo certain tests. In Freeport, first and second OUI offenses are generally charged as Class D misdemeanors. However, subsequent... --- ### Maine Human Trafficking Defense Attorneys > If you're accused of human trafficking in Maine, our tenacious team of experts can help you fight for your rights and freedom. Contact us. - Published: 2023-04-21 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-human-trafficking-defense-attorneys/ Human trafficking is a serious problem in the state of Maine and throughout the United States. As a criminal defense attorney, it is important to understand the legal implications and potential defenses for individuals charged with this crime. How is human trafficking defined in Maine? Human trafficking, also known as modern-day slavery, is defined as the recruitment, transportation, transfer, harboring, or receipt of persons by means of threat, use of force, or other forms of coercion, for the purpose of exploitation. Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor, or services, slavery or practices similar to slavery, servitude, or the removal of organs. Penalties for sex trafficking and aggravated sex trafficking in Maine In Maine, sex trafficking is generally a Class D crime, punishable by up to 364 days in jail. If someone promotes prostitution, that person is guilty of sex trafficking. However, there is a significantly more serious charge in Maine called Aggravated Sex Trafficking, which is a Class B crime, punishable by up to 10 years in prison and a fine of up to $20,000. Maine law criminalizes promoting prostitution and knowingly benefiting from the prostitution of others, both of which can be charged in connection with human trafficking cases. So, what makes it an aggravated charge? The following elements elevate a non-aggravated charge to an aggravated Class B felony: Promoting prostitution by compelling someone to enter into, engage in, or remain in prostitution. Promoting prostitution of someone 15 – 17 years of age. Promoting prostitution of someone with a mental disability. How can a criminal lawyer defend against a human or sex trafficking charge? As a criminal defense attorney, it is important to... --- ### Maine Federal Drug Trafficking Defense Attorneys > Seeking the skills of a federal drug trafficking attorney in Maine can make a significant difference in your case. Contact us now. - Published: 2023-04-21 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-federal-drug-trafficking-attorney/ Any drug trafficking charge is a serious matter but most people know that if the federal government presses charges, it’s taken to another level. Federal drug trafficking charges are among the most serious you can face. A felony conviction can land you in prison for a very long time. Even drugs like marijuana that may be legalized at a state level (as in Maine) can be subject to federal prosecution under certain circumstances and for certain amounts. It’s important to know what to do if you’re being investigated for or charged with drug trafficking by a federal agency, such as the DEA. Federal investigators and prosecutors are aggressive as they look to “clean up the streets”. Though many prosecutions are pursued incorrectly, you’ll need an aggressive defense to avoid life-changing penalties if you’re charged. How do you get your federal drug trafficking charges dismissed? For a federal drug trafficking prosecution to be successful, federal prosecutors must prove beyond a reasonable doubt that the accused knowingly possessed a controlled substance with the intent to sell. To get the charges dismissed, your federal drug trafficking lawyer could challenge the facts of the case, evidence/testimony or question the procedural processes that brought the charges against you. As such, the defense may be based on one of the following arguments: Illegal search and seizure Regardless of what a criminal suspect is accused of doing, he/she has certain rights enshrined in law under the U. S. constitution (“Fourth Amendment rights”). An illegal search and seizure during the investigation process by federal officials would violate these rights. Vital evidence could then be inadmissible in court. For instance, if a criminal defense lawyer can prove that the police forced open the trunk of a car without the proper legal authority, it could mean that the drugs... --- ### Media - Published: 2022-05-25 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/media/ William T Bly and The Maine Criminal Defense Group have tenaciously fought successfully for hundreds of Maine resident’s rights when facing the blunt force of the legal system. Both William Bly and his law firm have appeared in a number of news articles as well as TV, radio & podcast appearances. We are working to catalog and share all of our appearances & mentions in one convenient place for you to review. Maine's 102. 9 WBLMMay 03, 2022"Ask the Attorney, Featuring Bill Bly the Law Guy" - Episode 1Play on WBLM's website. May 17, 2022"Ask the Attorney, Featuring Bill Bly the Law Guy" - Episode 3September 2020 - WGME 13What Rights do Mainers Have Under the so Called Castle Doctrine LawOctober 2019 - WGME 13Maine man to serve 2 years for off-road crash that killed 19-year-oldMarch 2018 - Bangor Daily NewsFormer High School Softball Coach Pleads "Not Guilty" to Sexual Contact with a MinorJanuary 2018 - Press HeraldFormer OOB Fire Chief to be Sentenced in JanuaryNovember 2016 - Central MaineFormer Old Orchard Beach fire chief pleads not guilty to arsonMay 2015 - Press HeraldMaine Senate Reappoints Judge Jeffrey Moskowitz to Second TermMay 2015 - Press HeraldLawmakers Unanimously Back Reappointment of Controversial Maine JudgeDecember 2011 - Bangor Daily NewsSouth Berwick Man to Serve 7 Years for Orono Hit and Run DeathMay 2011 - Sun JournalTrial in Orono Hit-And-Run Case Set for Summer TrialMay 2010 - Bangor Daily NewsMan Pleads Not Guilty in Orono Hit-and-Run Death --- ### Augusta, ME OUI Lawyers > Our Augusta OUI lawyers at The Maine Criminal Defense Group have the skills to successfully defend your DUI and get your life back. Call us. - Published: 2022-01-04 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/augusta-maine-oui-attorney/ Drunk driving (OUI) laws in Augusta, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Augusta, ME Defending against OUI charges in Southern Maine Being charged with Operating Under the Influence (OUI) in Augusta, Maine, can have serious and lasting consequences. Law enforcement aggressively pursues OUI cases, and a conviction can result in steep fines, license suspension, and even jail time. The strength of your defense can make all the difference in protecting your future. At The Maine Criminal Defense Group, our experienced OUI lawyers in Augusta understand Maine’s OUI laws and the local court system. We build strategic defenses to challenge the charges against you, working to minimize penalties and safeguard your rights. Common Concerns About OUI Charges In Augusta, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Penalties in Augusta, ME Maine’s OUI laws strictly prohibit operating a vehicle while under the influence of alcohol or other intoxicants. While most drivers are aware of the legal limit of 0. 08% Blood Alcohol Concentration (BAC), many don’t realize that you can still be charged with OUI even if your BAC is below the limit. Law enforcement officers in Maine have broad discretion to arrest drivers they suspect of impairment, even without a breathalyzer reading over the legal threshold. If you’re stopped and deemed impaired, you may face immediate arrest and be required to submit to chemical tests. Understanding the penalties for OUI in Maine is... --- ### Maine Sexual Assault Defense Attorneys > If you've been charged with sexual assault in Portland or anywhere in southern Maine, call us to represent and protect your rights. Call us. - Published: 2022-01-04 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/maine-sexual-assault-attorney/ Being accused of sexual assault in Maine is a serious matter that can impact your reputation, freedom, and future, making it crucial to have a skilled defense attorney on your side. Sexual Assault Defense Lawyers in Maine Defending sexual assault charges in Southern Maine Sexual assault charges in Maine is a sex crime with serious and life-altering implications, with potential penalties including imprisonment, mandatory sex offender registration, and long-term damage to your personal and professional reputation. The legal definition of sexual assault is broad, encompassing offenses ranging from inappropriate touching to serious felony charges such as rape. Because these cases often rely on conflicting testimonies and subjective interpretations of consent, a strong legal defense is essential. At The Maine Criminal Defense Group, we understand the complexities of sexual assault allegations and are committed to protecting your rights, challenging weak evidence, and ensuring you receive a fair defense. Read More → Statute of limitations for Sexual Assault in Maine Sexual assault in Maine In Maine, it is worth understanding that sexual assault can happen even in the absence of physical threats. Any type of sex based on any type of threat, physical or verbal, is considered sexual assault. “Gross sexual assault” is another term that is used to define a range of unlawful sexual acts where an individual has not given any legal consent. It is important to note that the victim does not need to fight back or resist in anyway for an act to be considered sexual assault. Sexual assault can include anything from engaging in sexual acts with a person that is mentally disabled-who is therefore unable to consent or object, to engaging in sexual acts with a person... --- ### Maine Domestic Violence Stalking Defense Attorneys > Domestic Violence stalking in Maine is harassing, threatening, or engaging in behavior that would be interpreted as violent. Call us now! - Published: 2022-01-04 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-stalking-attorney/ Maine's laws against stalking are harsh but they become harsher if the person you are alleged to have been stalking is someone close to you. In these cases, you can be charged with domestic violence stalking, rather than "normal" stalking. Understanding how stalking law typically works is necessary to fully understand how it can apply in domestic violence context. Maine's Law Against Stalking Maine's "normal" stalking law is found at Maine Revised Code 17-A §210-A. The law prohibits knowingly engaging in a “course of conduct directed at or concerning a specific person that would cause a reasonable person” to: Suffer emotional distress or serious inconvenience; Fear getting hurt; Fear for family, close friends, lovers, business associates, or even pets; or Worry about his or her property. If someone who has been accused of stalking is in any of these relationships with the alleged victim, the stalking charge turns into a charge of domestic violence stalking. Penalties for Domestic Violence Stalking in Maine Typically, domestic violence stalking is a Class D crime in Maine – the most severe type of what used to be called a misdemeanor in Maine. Convictions for domestic violence stalking carry up to 364 days in jail and up to $2,000 in fines. However, a prior offense for domestic violence stalking or its equivalent – in Maine or elsewhere – increases the penalties for a conviction by enhancing the offense to a Class C crime. Class C crimes carry up to five years in jail and up to $5,000 in fines. Additionally, a domestic violence stalking offense can become a Class C crime. This can occur if a defendant has a prior conviction on his or her record of violating a restraining order or their terms of... --- ### Alfred, ME OUI Lawyers > Our Alfred OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2022-01-02 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/alfred-maine-oui-attorney/ OUI laws in Alfred, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Alfred, ME Defending against OUI offenses in Southern Maine Facing Operating Under the Influence (OUI) charges in Alfred, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Alfred bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Alfred court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Alfred, Maine https://www. youtube. com/embed/JL9P0LrzuloOUI Penatlies in Alfred, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior... --- ### Saco, ME OUI Lawyers > Saco OUI/DUI attorneys at The Maine Criminal Defense Group provide skilled representation, aggressively defending your DUI. Call us now. - Published: 2022-01-02 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/saco-maine-oui-attorney/ OUI laws in Saco, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI/DUI Lawyers in Saco, Maine Defending against OUI charges in Southern Maine Facing Operating Under the Influence (OUI) charges in Saco, Maine, can be a life-altering experience. The consequences of an OUI conviction are serious, including steep fines, license suspension, and even potential jail time. Law enforcement in Saco takes these offenses seriously, which is why building a strong and strategic defense is critical to protecting your future. At The Maine Criminal Defense Group, our experienced OUI lawyers in Saco are dedicated to defending clients against these charges. With a thorough understanding of Maine’s OUI laws and the local court system, we provide skilled, tailored representation to fight for the best possible outcome in your case. Concerns Regarding OUI Charges in Maine (Video) https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Saco, Maine Maine has strict Operating Under the Influence (OUI) laws, making it illegal to drive under the influence of alcohol or drugs. The legal Blood Alcohol Concentration (BAC) limit is 0. 08% for most drivers, but you can still face OUI charges in Saco even if your BAC is below this threshold if law enforcement determines your ability to drive is impaired. OUI penalties in Maine are severe, with consequences escalating for repeat offenses or aggravating factors such as excessive speeding, a high BAC, or transporting a minor. A conviction can... --- ### Rockland Maine OUI Defense Attorneys > Our Rockland OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2022-01-02 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/rockland-maine-oui-attorney/ OUI laws in Rockland, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Rockland, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Rockland bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Rockland court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Rockland, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Rockland, MaineRockland is one of Maine’s small coastal cities, located in Knox County, directly east of the state capital, Augusta. With a population of 7,209 in 2013, Rockland has evolved from a fishing city into a popular tourist destination, catering its businesses to tourists who use the city for its ferry service to the islands in Penobscot Bay. The Bay is also one of the best places to sail in the world and brings recreational boaters from across the country. Rockland also is home to the Maine Lobster Festival, a five-day event held annually during the first week of August, drawing people from all over the world to taste the best of Maine’s signature food. Despite being such a popular tourist destination, stats... --- ### Rockport Maine OUI Defense Attorneys > Our Rockport OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2022-01-02 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/rockport-maine-oui-attorney/ OUI laws in Rockport, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Rockport, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Rockport bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Rockport court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Rockport, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles RockPort, MaineRockport is a town on the Maine coastline in Knox County. The town had a population of 3,330 in the 2010 census, and is a popular tourist destination, drawing visitors from across the country. With its location along the pictueresque Maine coastline and the Penobscot Bay, Rockport has been named one of the prettiest towns in the whole United States. Named after its rocky coast and its gorgeous port in Rockport Harbor, Rockport has many incredible places to stay, and is in the middle of many of Maine’s top tourist destinations, including Kennebunkport and Bar Harbor. Statistics show that Rockport is one of the wealthiest communities in Maine, with a median household income of $61,853, considerably higher than the Maine state average... --- ### Newport Maine OUI Defense Attorneys > Our Newport OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2022-01-02 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/newport-maine-oui-attorney/ OUI laws in Newport, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Newport, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Newport bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Newport court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Newport, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Newport, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Rangeley Maine OUI Defense Attorneys > Our Rangeley OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2022-01-02 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/rangeley-maine-oui-attorney/ OUI laws in Rangeley, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Rangeley, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Rangeley bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Rangeley court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Rangeley, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Rangeley, MaineRangeley is a small town near the northwestern corner of Maine, near the borders of Vermont and Canada. Located between the headwaters of both the Androscoggin and the Kennebec Rivers, on the shore of Rangeley Lake, and in the midst of the Western Maine Mountains, Rangeley has developed into a resort town, centered on the surrounding scenery and fishing. The town’s population during the 2010 census was 1,168, though the number of people in Rangeley at any one time can fluctuate wildly, as people visit and leave constantly. Stats show that, as a resort town, the typical Rangeley resident is older than a typical Mainer. However, the median household income in Rangeley ($42,822) is lower than for the rest of Maine ($46,974),... --- ### Portland, ME OUI Lawyers > Portland OUI attorneys at The Maine Criminal Defense Group have the skills to successfully defend your DUI charges in Southern Maine. Call us. - Published: 2022-01-02 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/portland-maine-oui-attorney/ OUI/DUI laws in Portland, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI/DUI Lawyers in Portland, ME Defending against OUI offenses in Southern Maine Facing Operating Under the Influence (OUI) charges in Portland, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast Portland OUI defense lawyers, serving all of Cumberland County, bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Portland court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Concerns Regarding OUI Charges In Portland, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Portland, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI penaltiesA “first OUI offense” means... --- ### Maine Criminal Defense Attorneys > If you've been charged with an OUI or criminal offense, The Maine Criminal Defense Group will fight hard to defend your rights and freedom. - Published: 2022-01-02 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-criminal-defense-attorney/ If you have been accused of a crime for the first time, you may be wondering what can be done to avoid conviction and these harsh penalties? Our Maine criminal defense lawyers are determined to help you through the frightening process of the criminal justice system. Criminal Defense Lawyers Serving Southern Maine At The Maine Criminal Defense Group, located in Portland & Kennebunk, we focus exclusively on defending individuals accused of crimes under the Maine criminal code. Facing criminal charges can be overwhelming, but understanding your rights and legal options is the first step toward building a strong defense. That’s why we’ve provided detailed information to help you navigate the complexities of the criminal justice system. A conviction is not the end of the road. You have the right to appeal, but winning requires proving that a significant legal error impacted your case. Our experienced attorneys are committed to protecting your rights, challenging the prosecution’s case, and fighting for the best possible outcome. Navigate our comprehensive guide below to learn more about the most common criminal offenses in Maine and learn how we can help. Types of Criminal Offenses in Maine OUI Charges Operating under the infleunce states that it is illegal to drive while impaired by drugs or alcohol or with a BAC of 0. 08% or greater in Maine. There are harsh penalties for an OUI even for those who are convicted for the first time. From breathalyzer tests to field sobriety tests, there are numerous methods that police officers use to charge someone with a DUI, and challenging these methods is the best way to defeat your charges. Drug Crimes Drug crimes involving illegal or controlled substances in the state of Maine include drug possession, trafficking, cultivation of drugs, and prescription fraud. Over... --- ### Maine Sex Crime Defense Attorneys > If charged with a sex crime in Maine, contact our experienced & tenacious sex crimes defense attorneys to protect your rights & freedom. - Published: 2022-01-02 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-sex-crime-attorney/ Sex crimes can be defined as any unlawful sexual act, including anything from sexual assault to possessing and/or distributing child pornography. The types of offenses that are included under the term "sex crime" are broad and wide-ranging, but they must all be inherently sexual in nature. The penalties that result from a sex crime conviction are often severe and can affect a convicted offender for the rest of their life. Even an allegation of a sex crime can tarnish an individual's reputation and lead to the stigma of being a "sex offender" to follow them around indefinitely-even if they are eventually cleared of the charges. The Maine Criminal Defense Group offers confidential consultations to guide you through this challenging period. Don't confront any of these serious charges alone. Reach out to our highly acclaimed sex crime lawyers for a consultation today. Should I Represent Myself for a Sex Crime Charge in Maine? Common Sex Crimes in Maine A skilled Portland, Maine sex crime attorney will be able to defend your reputation against such charges. Some of the most common types of sexual offenses include: Gross Sexual Assault The act of forcing an unwanted sexual act upon another through coercion, physical force, and/or verbal threats Rape The act of forcing sexual intercourse upon another without their consent and/or despite objection, through coercion or physical force Statutory Rape The act of forcing sexual intercourse on a person who is not of age, or of engaging in any sexual acts with a person who is not of age, even with their consent Child Molestation Any sexual acts performed with a child or the act of exposing oneself inappropriately with the intention of sexual contact Possession & Distribution of Child Pornography Child pornography includes any images and / or videos... --- ### Maine Domestic Violence Defense Attorneys > Accused of domestic violence in Maine? Speak with a defense attorney at The Maine Criminal Defense Group. Protect your rights. Call us today! - Published: 2022-01-02 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-attorney/ Domestic violence is most commonly used as a way to describe spousal abuse, which may take the form of physical abuse or verbal and emotional abuse. Domestic Violence Defense Lawyers in Maine Defending against domestic violence charges across Southern Maine Domestic violence laws in Maine cover a broad range of situations, including allegations of abuse between family members, spouses, dating partners, and cohabitants. Even minor disputes can lead to serious criminal charges, potentially affecting your rights, reputation, and future. At The Maine Criminal Defense Group, our experienced attorneys provide strategic defense for those facing domestic violence accusations. If you’ve been charged, it’s crucial to act quickly to protect your rights. Contact us today for a confidential consultation. Domestic violence defined in Maine In Maine, as per Title 17-A §207-A, domestic violence, encompasses a range of abusive behaviors directed at a "family or household member" or "dating partner. " This includes: current or former spouses, parents of the same child, adult household members, minor children, and individuals living together or having been in a sexual relationship. Domestic violence isn't limited to physical abuse; it also includes sexual, emotional, and verbal abuse. Crimes such as assault, criminal threats, terrorizing, stalking, reckless conduct, and breaches of protection orders fall under this category. Acts of intimidation or control, including harm to pets, are also considered. If you're facing accusations, consult an experienced Maine criminal defense attorney at The Maine Criminal Defense Group to safeguard your rights. Types of domestic violence Offenses in Maine Understanding the types of domestic violence offenses in Maine is essential for anyone facing charges, as each carries unique legal consequences and defense strategies. Physical Violence Physical... --- ### Frequently Asked Questions > Get answers to common criminal defense questions in Maine. Learn about OUI offenses, drug charges, assault, & more. Call us: (207) 571-8146. - Published: 2021-12-31 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/faq/ Frequently Asked Questions OUI Offenses How much does an OUI conviction cost in Maine? What are the penalties of an OUI charge in Maine? What are the penalties if you hurt someone while intoxicated in Maine? What are the penalties for an OUI Accident in Maine? What are the penalties for boating under the influence in Maine? What is implied consent and refusing a breathalyzer in Maine? What are the penalties for implied consent in Maine? What are Maine's OUI laws regarding Marijuana? What are the penalties for a marijuana OUI in Maine? Can I have an OUI expunged from my record in Maine? What causes an OUI to be considered a felony in Maine? What are the penalties for an OUI felony in Maine? What is an OUI Habitual Offender in MaineWhat is reckless driving in Maine? What are the penalties for reckless driving in Maine? What are the penalties for underage drunk driving in Maine? What are the aggravating factors of an OUI in Maine? Domestic Violence How is domestic violence defined in Maine? What are the penalties for domestic violence in Maine? What are the bail conditions for domestic violence in Maine? What are the most common types of domestic violence in Maine? How is domestic assault defined in Maine? What are the penalties for domestic violence assault in Maine? What are the penalties for criminal threatening in Maine? What is a protection from abuse orders in Maine? What's included in a protection order in Maine? What... --- ### Practice Areas > Facing criminal charges? The Maine Criminal Defense Group fights for your rights in OUI offenses, drug crimes, assault, theft, & more. - Published: 2021-12-30 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/practice-areas/ Practice Areas From misdemeanors to complex felonies, The Maine Criminal Defense Group offers comprehensive legal representation for individuals facing criminal charges. With extensive experience and unwavering dedication, our seasoned team delivers personalized defense strategies tailored to each client’s unique situation. Domestic Violence Domestic Violence Domestic Violence Assault Criminal Threatening Domestic Violence Court Process Stalking Terrorizing Violation of a Protection Order Sex Crimes Child PornographyIndecent ExposureRapeRape of a MinorRegistering as a Sex OffenderSexual AssaultStatutory Rape OUI / DUI / DWI AccidentAggravating FactorsATV or SnowmobileBMV HearingsBoating Under the InfluenceChild EndangermentCommercial LicensesOUI / DUI ExpungementFatalitiesFeloniesFirst, Second, Third & Habitual OffenderInjuryImplied Consent LawsJuvenile DUIOUI ManslaughterMarijuana OUIDrugged DrivingPenaltiesReckless DrivingOUI / DUI Types of Charges Criminal Defense Civil Offenses Criminal Speeding Drug Crimes Drug Possession Drug Trafficking Marijuana Cultivation Marijuana and Minors Marijuana Offense Sale and Use of Drug Paraphernalia Federal Charges Federal Bank Robbery Federal Child Pornography Charges Federal Drug Distribution Federal Drug Possession Federal Kidnapping Federal Murder Federal Sentencing Guidelines Felony Gun Possession Fish, Game, Boating & ATV Fishing Night Hunting Poaching Snowmobile Laws Hit and Run Juvenile Offenses License Issues Driving Without a License Operating While License Suspended or Revoked Operating After License Suspension OUI / DUI Suspended License Laws in Maine Prescription Fraud Probation Violations Property Crimes Arson Burglary Criminal Trespass Criminal Mischief Stalking Theft Deception Receiving Stolen Property in Maine Shoplifting Unauthorized Taking or Transfer Violent Crimes Assault Aggravated Assault Kidnapping Manslaughter Murder Reckless Conduct Robbery Weapons Charges White Collar Crimes --- ### Maine Marijuana Defense Attorneys > Charged with a marijuana related crime in Maine? We provide a skilled defense & guidance for cannabis offenses, protecting your rights. - Published: 2021-12-02 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-marijuana-attorney/ Recreational marijuana is legal in Maine and available through licensed dispensaries, but violating the state’s cannabis laws—such as illegal possession, unlicensed sales, or impaired driving—can still lead to serious criminal charges and lasting legal consequences. While recreational marijuana is legal under Maine law, it remains illegal at the federal level—and the state still enforces strict regulations around its use, possession, cultivation, and distribution. Violating these laws can quickly turn a legal activity into a serious drug crime with lasting consequences. At The Maine Criminal Defense Group, we help individuals who find themselves facing marijuana-related charges navigate the legal system with experienced, strategic defense. Maine Marijuana Laws Maine has legalized the recreational use of marijuana for adults 21 and over, but that doesn't mean all marijuana-related activity is legal. In fact, people are still charged with marijuana crimes every day—often due to misunderstandings about what the law allows. Under Maine law, adults may possess up to 2. 5 ounces of marijuana, including no more than 5 grams of concentrate. However, exceeding these limits, distributing without a license, or using marijuana in prohibited places can still result in criminal charges. It's also important to note that marijuana remains illegal under federal law and is strictly prohibited on federal property—including Acadia National Park and other federal lands throughout Maine. Medical marijuana patients must also comply with the Maine Medical Use of Cannabis Program (MMCP), and violations of the program's rules can result in penalties. At The Maine Criminal Defense Group, we understand the complexity of Maine's marijuana laws and how quickly legal use can become a criminal allegation. Led by experienced criminal defense attorneys with a strong track record in drug crime defense, our team brings a deep... --- ### Maine Domestic Violence Assault Defense Attorneys > If you've been arrested in Maine facing charges for a domestic violence assault related offense, you will need our expertise now. Call us. - Published: 2021-11-25 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-assault-attorney/ Maine courts take domestic violence allegations very seriously. When you've been charged with the crime of Domestic Violence Assault, you're facing an uphill battle due to the extremely negative perceptions surrounding this crime. Domestic violence assault is more common than one may think. According to a 2014 report published by the Bangor Daily News, domestic violence is the root cause of more than 50% of all murders committed in the State of Maine. That means that more murders are committed by spouses or domestic partners than are committed during drug deals gone bad or random acts of violence. Being charged with Domestic Violence Assault in Maine is a serious matter that can impact your freedom, reputation, and future. A conviction can lead to jail time, fines, and a permanent criminal record. If you’re facing domestic violence charges, The Maine Criminal Defense Group is here to protect your rights Domestic Violence Assault in Maine In Maine, Domestic Violence Assault is defined under Title 17-A, Section 207-A of the Maine Criminal Code. This offense occurs when an individual commits an assault, as outlined in Section 207, against a family or household member, or a dating partner. Assault involves intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person. A family or household member includes spouses, domestic partners, individuals who share a child, parents, children, or other relatives residing together. A dating partner refers to individuals currently or formerly involved in dating relationships. Domestic violence vs domestic violence assault In order for a crime of domestic violence to be charged, there must be a finding that the Defendant and Victim are either dating partners or household or family members. If the victim... --- ### Orono Maine OUI Defense Attorneys > Our Orono OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2021-11-13 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/orono-maine-oui-attorney/ OUI laws in Orono, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Orono, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Orono bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Orono court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Orono, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Orono, MaineOrono is a college town in Penobscot County, with a reported population of 10,362 during the 2010 census. This number, however, fluctuates wildly between the summer months and when school is in session at the University of Maine, which hosts nearly 11,000 students on its main campus in the town. As a college town, Orono’s residents are younger than the rest of Maine, with a median age of only 21. 6 years, compared to the state’s median of 44 years. The influence and taste of the younger crowd is palpable: Independent restaurants and craft breweries, like the Black Bear Brewery and the Orono Brewing Company, have popped up in the area, contributing to a vibrant atmosphere downtown. Like many college towns, though,... --- ### Old Orchard Beach Maine OUI Defense Attorneys > Our Old Orchard Beach OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2021-11-13 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/old-orchard-beach-maine-oui-attorney/ OUI laws in Old Orchard Beach, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Old Orchard Beach, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Old Orchard Beach bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Old Orchard Beach court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Old Orchard Beach, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Old Orchard Beach, MaineOld Orchard Beach – or OOB, as it’s known to locals – is a coastal town in southern Maine, located just south of Portland. While the population was listed as 8,624 in the 2010 census, the correct figure is radically different, depending on the time of year – Old Orchard Beach is a highly popular tourist attraction that draws foreigners to the town from late spring until early in the fall. One of the state’s main tourist attractions, Old Orchard Beach features a seven-mile beach lined with resorts, hotels, cottages, and bed-and-breakfasts, as well as tourism businesses like souvenir shops, restaurants, and even an independent league baseball team, the Old... --- ### Ogunquit Maine OUI Defense Attorneys > Our Ogunquit OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2021-11-13 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/ogunquit-maine-oui-attorney/ OUI laws in Ogunquit, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Ogunquit, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Ogunquit bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Ogunquit court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Ogunquit, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Ogunquit, MaineOgunquit is a small town in southern Maine, along the coast and near the border with neighboring New Hampshire. With a population of only 892 during the 2010 census, Ogunquit is known as a small, though popular, tourist destination. Its population swells considerably with the number of tourists that it attracts from all over the world with its pristine beaches and serene town life. The town was originally a part of neighboring Wells, Maine, but split into its own independent location in 1980. As a tourist destination and summer resort town, Ogunquit boasts a high level of affluence when compared to the rest of Maine. While the median household income for the state is $46,974, the median income for a household in... --- ### Machias Maine OUI Defense Attorneys > Our Machias OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2021-11-13 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/machias-maine-oui-attorney/ OUI laws in Machias, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Machias, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Machias bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Machias court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Machias, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Machias, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Farmington Maine OUI Defense Attorneys > Our Farmington OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2021-11-12 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/farmington-maine-oui-attorney/ OUI laws in Farmington, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Farmington, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Farmington bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Farmington court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Farmington, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Farmington, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### PPP Federal Loan Fraud Penalties - Published: 2021-10-07 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/faq/ppp-federal-loan-fraud-penalties/ Any federal crime is likely to spark fears of serious consequences – and PPP loan fraud is no exception. But this is no time to panic. If you are investigated or charged with fraud involving the Paycheck Protection Program (PPP) in Maine, a federal investigation may be launched against you that will involve organizations with virtually limitless resources. The prospect of a lengthy jail sentence is real, so you need to be ready with skilled legal representation to help you fight the charges and avoid serious consequences for your future. Let’s first understand a little more about PPP loan fraud and what penalties you could be facing if charged and prosecuted. Table of Contents What is the paycheck protection program? What is PPP loan fraud? What are the aggressive measures being taken to pursue PPP loan fraud? What are the penalties for PPP loan fraud? Are you at risk of a PPP loan fraud investigation? What is the Paycheck Protection Program? The Paycheck Protection Program (PPP) is a federal loan program established by the Small Business Administration in March 2020. It was part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The program was intended to incentivize small business owners to keep their employees on the payroll during the COVID-19 pandemic, providing assistance for paying employees’ salaries and supporting certain aspects of business operations. The loan amount is based on the number of employees and average payroll costs. The main requirements of the program were as follows: Recipients... --- ### Maine Protective Order Violation Defense Attorneys > If you've been charged with protective order violation, contact our experienced defense attorneys to protect your rights. Call us now. - Published: 2021-08-20 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-protective-order-violation-defense-attorneys/ Updated: June 27, 2024 Protective orders are usually issued by Maine courts after a Protection from Abuse (PFA) or Protection from Harassment (PFH) hearing at which a civil protection request is made. A Protective Order (PFA) is a legal tool designed to protect an individual from harm or further threats, often arising from situations like domestic violence. These orders are typically issued when someone is considered a credible threat due to abusive behavior or harassment. However, even a minor disagreement or a fleeting loss of temper can result in a PFA order being placed against you, particularly in situations involving a spouse or partner. Violating such an order can have severe consequences, including the possibility of jail time and a criminal record. The violation of a Protective Order is treated as a serious criminal offense in Maine. A violation may trigger a trial by jury, and the defendant could face harsh criminal penalties if found guilty. Even though the initial complaint may have been civil in nature, breaching a protective order leads to criminal charges that can stay with you for life, significantly impacting your personal and professional life. If you have been charged with violating a protective order, it is critical to consult with an experienced criminal defense attorney. At The Maine Criminal Defense Group, we specialize in defending clients against protective order violations, working to help you avoid a criminal conviction and protect your future. What is a violation of protective order in Maine? In Maine, Violation of Protective Order laws are governed under Title 17-A, §506-B of the Maine Criminal Code, addressing both Protection from Abuse (PFA) and Protection from Harassment (PFH) cases. However, the penalties for violating these... --- ### Maine Title IX False Accusation Defense Attorneys > The consequences of a Title IX false accusation of sexual misconduct can be devastating, with the potential to ruin your future. Call us now. - Published: 2021-08-20 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-title-ix-false-accusation-attorney/ Few people would disagree that anyone proven to have committed misconduct under Title IX deserves punishment. However, we also need to remember that false accusations of Title IX violations occur regularly. The consequences of false accusations of sexual misconduct can be devastating. The respondent not only has to deal with the stress of an investigation, but the social stigma associated with such crimes can linger. Someone wrongly implicated in sexual misconduct who makes an honest mistake or has done nothing wrong may carry this stigma for years and face consequences for their career, studies, relationships, and more. While this is a situation nobody wants to face, you don’t have to go it alone. Legal assistance is available for those accused of sexual misconduct as well as the victims. Learn More → Title IX and Sexual Assault in Maine Schools If you are the victim of a false allegation under Title IX, do not ignore it and hope the accusation will go away. Seek legal advice from an attorney experienced in Title IX claims. Your future career, liberty, and good name may depend on it. A competent Title IX attorney will be able to unpick the claims and prove that the case should go no further. What is a Title IX offense? We won’t go into this in detail here as other posts have covered Title IX offenses in some depth. Title IX refers to a federal civil rights law from 1972. Its primary goal was to protect students at publicly-funded schools, colleges and universities in the U. S. from discrimination based on sex. However, it has had a far broader impact and helped to expose sexual assault and other serious sex... --- ### Maine PPP Fraud Defense Attorneys > Seek legal advice if you've inadvertently contravened any stipulations for receiving loans under the federal paycheck protection program. - Published: 2021-08-19 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-ppp-fraud-defense-attorney/ If you are facing a federal investigation for PPP fraud, now is not the time to panic and say something you may regret later. With the struggles that many business owners encountered during the COVID-19 pandemic still taking their toll across the U.S., Maine is seeing its fair share of PPP fraud cases. If you have been implicated, investigated or charged with a crime already, the consequences can be serious – not least of which is a felony on your record for the rest of your life as well as the possibility of a lengthy federal prison sentence. However, with strong and experienced legal representation, we can work on a defense that delivers that best possible outcome in or out of court. At The Maine Criminal Defense Group, our defense lawyers will work to get the charges dismissed, reduced or turned over to a civil matter or, if you are convicted, argue to mitigate the possible consequences. What is PPP Fraud? PPP fraud charges are federal charges laid against business owners who have allegedly abused the Paycheck Protection Program (PPP). This program was set up by the federal government in 2020 as a provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). It provided a $350 billion fund for small businesses loans to help cover expenses and help struggling businesses stay afloat. The fund was intended to provide small businesses with the funds to pay up to eight weeks of payroll costs (including benefits) and to help with paying interest on mortgages, rent, and utilities. As with most such programs, the eligibility requirements and spending guidelines were strict. However, the PPP program ran out of money just two weeks after its introduction, and the federal government is now facing strong calls to account for the administration of the program. Hence,... --- ### Maine Title IX Sexual Harassment Frequently Asked Questions - Published: 2021-08-18 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/faq/maine-title-ix-sexual-harassment-frequently-asked-questions/ Table of Contents What is title IX? What types of sex-based discrimination does Title IX cover? Who does Title IX protect in Maine? What is “sexual misconduct” in Title IX? What is the difference between “sexual assault” and “sexual harassment”? What must schools in Maine do to comply with Title IX? How can Title IX complaints be made in schools in Maine? What constitutes a “prompt and equitable” process for schools? What standard of evidence is used at complaint hearings? What does “affirmative consent” mean regarding title IX? Do alcohol and drug use affect consent regarding title IX? Is there mandatory reporting for college employees under Title IX? What should I do if I’m informed that a student has filed a complaint against me for sexual assault? What is Title IX? Title IX is a federal civil rights law that dates back to the 1970s but it has seen more attention in recent years as the topic of sexual harassment and sexual misconduct has become more prominent. The law makes it illegal for gender-based discrimination to be committed in education - by or against students, staff, or faculty in all federally funded institutions. It also prohibits retaliation against anyone who reports it. Most educational establishments across the state of Maine must abide by this legislation, including schools, colleges and universities. What types of sex-based discrimination does Title IX cover? There are five main areas of sex-based discrimination covered by Title IX legislation. These include actions that may result in either... --- ### Ellsworth Maine OUI Defense Attorney > Our Ellsworth OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2021-06-09 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/ellsworth-maine-oui-attorney/ OUI laws in Ellsworth, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Ellsworth, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Ellsworth bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Ellsworth court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Ellsworth, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Ellsworth, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### York Maine Criminal Defense Attorneys > Experienced criminal defense attorneys in York, Maine will protect your rights and fight for the best outcome in your case. Call us. - Published: 2021-05-27 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/york-maine-criminal-attorneys/ The impact of criminal charges on your life in York, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in York, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 80+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In York, MaineIn York, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Yarmouth Maine Criminal Defense Attorneys > Our Yarmouth criminal defense attorneys at The Maine Criminal Defense Group provides strategic representation for those facing criminal charges. - Published: 2021-05-27 - Modified: 2025-06-13 - URL: https://www.notguiltyattorneys.com/yarmouth-maine-criminal-attorneys/ The impact of criminal charges on your life in Yarmouth, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Yarmouth, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Yarmouth, Maine In Yarmouth, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### Wiscasset Maine Criminal Attorneys > Our Wiscasset law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/wiscasset-maine-criminal-attorneys/ The impact of criminal charges on your life in Wiscasset, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Wiscasset, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Wiscasset, MaineIn Wiscasset, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Windham Maine Criminal Attorneys > Our Windham law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/windham-maine-criminal-attorneys/ The impact of criminal charges on your life in Windham, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Windham, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Windham, MaineIn Windham, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Waterville Maine Criminal Attorneys > Our Waterville law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/waterville-maine-criminal-attorneys/ The impact of criminal charges on your life in Waterville, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Waterville, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Waterville, MaineIn Waterville, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### West Bath Maine Criminal Attorneys > Our West Bath law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/west-bath-maine-criminal-attorneys/ The impact of criminal charges on your life in West Bath, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in West Bath, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In West Bath, Maine In West Bath, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have... --- ### Springvale Maine Criminal Attorneys > Our Springvale law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/springvale-maine-criminal-attorneys/ The impact of criminal charges on your life in Springvale, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Springvale, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Springvale, MaineIn Springvale, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Skowhegan Maine Criminal Attorneys > Our Skowhegan law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/skowhegan-maine-criminal-attorneys/ The impact of criminal charges on your life in Skowhegan, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Skowhegan, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Skowhegan, MaineIn Skowhegan, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Standish Maine Criminal Attorneys > Our Standish law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/standish-maine-criminal-attorneys/ The impact of criminal charges on your life in Standish, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Standish, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Standish, Maine In Standish, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### South Berwick Maine Criminal Attorneys > Our South Berwick law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/south-berwick-maine-criminal-attorneys-2/ The impact of criminal charges on your life in South Berwick, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in South Berwick, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In South Berwick, MaineIn South Berwick, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter... --- ### Rockport Maine Criminal Attorneys > Our Rockport law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-27 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/rockport-maine-criminal-attorneys/ The impact of criminal charges on your life in Rockport, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Rockport, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Rockport, MaineIn Rockport, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Rockland Maine Criminal Defense Attorneys > Defending OUI and other criminal charges in Rockland, Maine. The Maine Criminal Defense Group brings 80 years of proven legal experience. - Published: 2021-05-26 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/rockland-maine-criminal-attorneys/ The impact of criminal charges on your life in Rockland, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Criminal Defense Lawyers in Rockland, ME Defending your criminal offense in Southern Maine If you’ve been arrested or charged with a crime in Rockland or anywhere in Knox County, The Maine Criminal Defense Group is here to protect your rights and fight for your future. Led by experienced defense attorney William Bly, our Rockland-based legal team brings over 80 years of combined experience defending clients against a wide range of criminal charges—from OUI (Operating Under the Influence) and drug offenses to violent crimes, sex crimes, and complex felony allegations. We know that being accused of a crime can turn your life upside down. That’s why we take a strategic, personalized approach to every case. Whether you’re facing a misdemeanor or a serious felony, we’ll work relentlessly to build the strongest defense possible and pursue the best outcome for your situation. If you’re searching for a criminal defense lawyer “near me” in Rockland, Maine, call our office today to speak directly with a trusted local attorney. Your freedom and your future are too important to leave to chance. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Classification of Crimes in Rockland, MaineIn Rockland, Maine there are a potential of 5... --- ### Rangeley Maine Criminal Attorneys > Our Rangeley law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. Call us. - Published: 2021-05-26 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/rangeley-maine-criminal-attorneys/ The impact of criminal charges on your life in Rangeley, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Rangeley, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Rangeley, MaineIn Rangeley, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Old Orchard Beach Maine Criminal Attorneys > Our Old Orchard Beach law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/old-orchard-beach-maine-criminal-attorneys/ The impact of criminal charges on your life in Old Orchard Beach, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Old Orchard Beach, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Old Orchard Beach, MaineIn Old Orchard Beach, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E... --- ### Newport Maine Criminal Defense Attorneys > Our Newport law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/newport-maine-criminal-attorneys/ The impact of criminal charges on your life in Newport, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Newport, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Newport, Maine In Newport, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### Millinocket Maine Criminal Attorneys > Our Millinocket law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/millinocket-maine-criminal-attorneys/ The impact of criminal charges on your life in Millinocket, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Millinocket, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Millinocket, MaineIn Millinocket, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Madawaska Maine Criminal Attorneys > Our Madawaska law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/madawaska-maine-criminal-attorneys/ The impact of criminal charges on your life in Madawaska, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Madawaska, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Madawaska, MaineIn Madawaska, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Machias Maine Criminal Attorneys > Our Machias law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/machias-maine-criminal-attorneys/ The impact of criminal charges on your life in Machias, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Machias, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Machias, MaineIn Machias, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Kittery Maine Criminal Attorneys > Our Kittery law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/kittery-maine-criminal-attorneys/ The impact of criminal charges on your life in Kittery, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Kittery, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications & Penalties In Kittery, MaineIn Kittery, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with... --- ### Harpswell Maine Criminal Attorneys > Our Harpswell law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/harpswell-maine-criminal-attorneys/ The impact of criminal charges on your life in Harpswell, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Harpswell, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Harpswell, MaineIn Harpswell, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Gorham Maine Criminal Defense Attorneys > Our criminal lawyers in Gorham at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/gorham-maine-criminal-attorneys/ The impact of criminal charges on your life in Gorham, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Gorham, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Gorham, Maine In Gorham, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### Freeport Maine Criminal Defense Attorneys > Charged or accused of a crime in Freeport? Our criminal defense attorneys provide skilled representation to protect your rights & future. - Published: 2021-05-21 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/freeport-maine-criminal-attorneys/ The impact of criminal charges on your life in Freeport, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Freeport, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Freeport, MaineIn Freeport, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Eliot Maine Criminal Attorneys > Our Eliot law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-21 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/eliot-maine-criminal-attorneys-2/ The impact of criminal charges on your life in Eliot, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Eliot, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Eliot, MaineIn Eliot, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Dover Foxcroft Maine Criminal Attorneys > Our Dover Foxcroft law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-21 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/dover-foxcroft-maine-criminal-attorneys/ The impact of criminal charges on your life in Dover Foxcroft, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Dover Foxcroft, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Dover Foxcroft, MaineIn Dover Foxcroft, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter... --- ### Damariscotta Maine Criminal Attorneys > Our Damariscotta law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-21 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/damariscotta-maine-criminal-attorneys/ The impact of criminal charges on your life in Damariscotta, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Damariscotta, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Damariscotta, MaineIn Damariscotta, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Carrabassett Valley Maine Criminal Attorneys > Our Carrabassett Valley law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-21 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/carrabassett-valley-maine-criminal-attorneys/ The impact of criminal charges on your life in Carrabassett, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Carrabassett, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Carrabassett, MaineIn Carrabassett, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Cape Elizabeth Maine Criminal Attorneys > Our Cape Elizabeth law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-21 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/cape-elizabeth-maine-criminal-attorneys/ The impact of criminal charges on your life in Cape Elizabeth, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Cape Elizabeth, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Cape Elizabeth, MaineIn Cape Elizabeth, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter... --- ### Maine Title IX Sexual Harassment Attorneys > If you've experienced sexual harassment or sexual violence connected to your education, you can file a Title IX complaint in Maine. Call us. - Published: 2021-05-21 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/maine-title-ix-sexual-harassment-attorneys/ The Title IX Sexual Harassment laws protect all students and employees within the educational system in Maine and across the United States. This federal civil rights legislation protects the rights of all students and employees, regardless of gender or sexual orientation. Title IX provides protection against many forms of harm, sexual harassment, discrimination, and sexual assault. Victims of unlawful sex discrimination, harassment, or retaliation can file a civil action against the institution in question. If you study or work within the US educational system and have been the subject of such discrimination or harassment, contact the experienced sexual harassment lawyers at The Maine Criminal Defense Group for an initial consultation. What is Title IX Sexual Harassment? Educational institutions that receive federal funds of any kind must abide by the provisions made in Title IX of the Education Amendments of 1972 (20 U. S. C. §§ 1681 et seq). This prohibits discrimination against individuals on the basis of sex in most of the following types of establishments in the US: Colleges Universities Local school districts For-profit and charter schools It also applies to federally funded educational programs at institutions such as: Museums Libraries Prisons The main point outlining the purpose of the legislation states the following: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance... ” Protection against gender discrimination, sexual harassment, and unlawful retaliation are all covered under the law – whether against males, females or transgender individuals. Does Title IX cover all schools in the US? The vast majority of schools in the United States, though not all of them, are covered by the... --- ### Camden Maine Criminal Attorneys > Our Camden law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-18 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/camden-maine-criminal-attorneys/ The impact of criminal charges on your life in Camden, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Camden, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Camden, MaineIn Camden, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Bridgton Maine Criminal Attorneys > Our Bridgton law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-18 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/bridgton-maine-criminal-attorneys/ The impact of criminal charges on your life in Bridgton, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Bridgton, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Bridgton, MaineIn Bridgton, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Boothbay Harbor Maine Criminal Attorneys > Our Boothbay Harbor law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-05-18 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/boothbay-harbor-maine-criminal-attorneys/ The impact of criminal charges on your life in Boothbay Harbor, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Boothbay Harbor, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Boothbay Harbor, MaineIn Boothbay Harbor, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter... --- ### Bath Maine Criminal Defense Attorneys > Our Bath criminal defense attorneys at The Maine Criminal Defense Group has over 80 years of experience successfully defending your rights. - Published: 2021-05-18 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bath-maine-criminal-attorneys/ The impact of criminal charges on your life in Bath, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Bath, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 80+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Bath, MaineIn Bath, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Berwick Maine Criminal Defense Attorneys > Berwick criminal defense attorneys at The Maine Criminal Defense Group has the skills & experience to defend your rights & freedom. Call us. - Published: 2021-05-18 - Modified: 2025-06-09 - URL: https://www.notguiltyattorneys.com/berwick-maine-criminal-attorneys/ The impact of criminal charges on your life in Berwick, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Berwick, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Berwick, MaineIn Berwick, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Buxton Maine Criminal Attorneys > Our Buxton criminal law team at The Maine Criminal Defense Group has over 50 years of experience in tenaciously defending criminal cases. - Published: 2021-05-18 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/buxton-maine-criminal-attorneys/ The impact of criminal charges on your life in Buxton, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Buxton, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Buxton, MaineIn Buxton, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Alfred Maine Criminal Defense Lawyers > Alfred criminal defense lawyers with 80+ years of experience protecting your rights and fighting serious charges. Trusted legal services. - Published: 2021-05-18 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/alfred-maine-criminal-attorneys/ The impact of criminal charges on your life in Alfred, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Alfred, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Alfred, MaineIn Alfred, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### What happens if you violate the terms of a protection order in Maine? - Published: 2021-03-22 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/faq/what-happens-if-you-violate-the-terms-of-a-protection-order-in-maine/ Violations of any court order in Maine are nearly always treated very seriously. Protection orders are no exception. You will likely be arrested and have to face consequences that may include: A potential Class D violation for not paying court-ordered costs, fees, or failing to attend treatment as ordered: Up to one year in jail and/or a fine of up to $2,000. A potential Class C violation for assaulting the person you are restrained from contact with or otherwise inflicting substantial harm: Up to five years in prison and a fine of up to $5,000. --- ### What are the bail conditions for domestic violence in Maine? - Published: 2021-03-22 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/bail-conditions-for-domestic-violence-maine/ With domestic violence offenses, the Maine courts aim to protect the family member(s) who are the alleged victims of the abuse. If a case goes to trial, the defendant benefits from a presumption of innocence but before then, the judge/bail commissioner is usually hesitant to take any risks when setting bail conditions. Bail conditions for domestic violence in Maine Prosecutors are aware that stringent bail conditions for domestic violence make it more likely that the defendant will plead guilty, and will push for the tightest restrictions possible. Additionally, prosecutors are pushing for tighter restrictions in order to ensure the integrity of the judicial system and for the purpose of protecting the alleged victim in the case from any additional harm. Alleged offenders can, therefore, expect strict bail conditions that will include a “no contact” order. This may mean that you will be required to move out from the family home until the justice system processes your case. With an experienced domestic violence criminal defense lawyer representing you, it may be possible to avoid some of the harshest bail conditions or request an amendment to the terms due to your circumstances. In certain cases, a good criminal defense lawyer can even get the terms of the bail amended to allow you to have regular contact with your spouse or family member. Bear in mind that if you violate the terms of your bail, you may be charged with a Class E crime, which is punishable by up to 180 days in... --- ### How is aggravated drug trafficking defined in Maine? - Published: 2021-03-22 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/faq/how-is-aggravated-drug-trafficking-defined-in-maine/ A trafficking charge may be upgraded to aggravated drug trafficking if any of the following elements are involved: Trafficking a scheduled drug to a minor (under 18 years old) Prior convictions for aggravated drug trafficking in Maine or elsewhere Use or possession of a firearm in carrying out the crime Trafficking the following amounts of prohibited substances (examples only): More than 112 grams of cocaine or 32 grams or more of cocaine base 300 methamphetamine pills or 100 grams or more Six grams or more of heroin or more than 270 bags containing heroin 300 or more pills of narcotics other than heroin Trafficking in a school bus or within 1,000 feet of an elementary or secondary school/safe zone Enlisting the help of a minor The illicit drug causes the death of a person The illicit drug causes serious bodily injury Aggravated drug trafficking is considered so serious that a minimum required sentence is imposed for these crimes: For Class W drugs or 20 pounds of marijuana (or more): a Class A crime with a mandatory minimum penalty of four years in prison and a $400 fine. For Class X drugs or between one pound and 20 pounds of marijuana: a Class B crime with a mandatory minimum penalty of two years in prison and a $400 fine. For Class Y or Z drugs: a Class C crime with a mandatory minimum penalty of one year in prison and a $400 fine. --- ### Who must report abuse of minors in Maine? > Certain professionals in Maine are legally required to report suspected child abuse or neglect of a minor while performing their duties. - Published: 2021-03-22 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/faq/who-must-report-abuse-of-minors-maine/ Reporting of suspected abuse or neglect in Maine As per the Maine Health and Welfare Code, certain individuals are required by law to report suspected instances of child abuse or neglect if they occur while carrying out their professional duties. This includes most licensed caregivers, such as: An allopathic or osteopathic physician, resident, or intern An emergency medical services worker A medical examiner A physician's assistant A dentist A dental hygienist A dental assistant A chiropractor A podiatrist A registered or licensed practical nurse A teacher A guidance counselor A school official A youth camp administrator or counselor A social worker A court-appointed advocate or guardian ad litem A homemaker A home health aide A medical or social service worker A psychologist Child care personnel A mental health professional A law enforcement officer A state or municipal fire inspector A municipal code enforcement officer A commercial film or photo processor A clergy member, except when receiving confidential communication A chair of a professional licensing board A humane agent with the Department of Agriculture A sexual assault counselor A domestic violence victim advocate A school bus driver or attendant These professionals must report child abuse or neglect to the local district attorney’s office or police department as soon as possible. Contact us for help now If you are facing child pornography or abuse of a minor charges in Maine, it’s essential to work with an experienced and understanding defense attorney. Our law firm is here to provide discreet and dedicated legal... --- ### What is considered possession of sexually explicit material in Maine? - Published: 2021-03-22 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/faq/possession-of-sexually-explicit-material-maine/ Possession of sexually explicit material in Maine With regard to child pornography, possession of sexually explicit material is intentionally or knowingly transporting, exhibiting, purchasing, possessing, or accessing with the intent to view any material known to depict someone under the age of 16 (excluding spouses) engaging in sexually explicit conduct. This statute is covered under Maine criminal code Title 17-A §284. This is a Class D (misdemeanor) crime in Maine unless the victim is under the age of 12 or the accused has been convicted of a similar crime in the past. In such cases, it may be prosecuted as a Class C (felony) crime. In Maine, the age of the person in sexually explicit material is determined based on their age when the content was created, not when it was viewed or possessed. Contact us for help now If you are facing child pornography charges in Maine, it’s essential to work with an experienced and understanding defense attorney. Our law firm is here to provide discreet and dedicated legal representation. We serve clients throughout southern Maine, offering compassionate support to navigate these challenging allegations. Resources --- ### What is sexual exploitation of a minor in Maine? - Published: 2021-03-22 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/faq/what-is-sexual-exploitation-of-a-minor-in-maine/ The crime of sexual exploitation of a minor is outlined in Section 282 of the Maine Criminal Code and occurs when a child is used for the purposes of creating pornography. The laws apply to anyone who knowingly induces a person under age 16 to engage in sexual acts to create child pornography - or knowingly allowing someone else to create it. It is considered a Class B crime (felony) with a minimum sentence of five years. It may be elevated to a Class A crime with a mandatory minimum 10-year sentence and the possibility of up to 30 years behind bars if the accused has a prior record for a related offense or the child is under 12 years old. In the case where an alleged perpetrator is less than five years older than the other person, the “Romeo and Juliet “law applies whereby the offender cannot be prosecuted, providing no threats were involved and the other person is not under the age of 14. Note, however, that parents or legal guardians are never exempt from prosecution for such crimes regardless of the ages of the individuals involved. --- ### What is dissemination of sexually explicit materials in Maine? > Facing charges for disseminating sexually explicit materials in Maine? Learn the penalties, and legal defenses under Maine’s criminal code. - Published: 2021-03-22 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/faq/dissemination-of-sexually-explicit-materials-maine/ Dissemination of sexually explicit materials in Maine According to Section 283 of the Maine Criminal Code, the dissemination of sexually explicit materials is a Class C crime in Maine. Sexually explicit materials in the context of child pornography are defined as the following: “any book, magazine, newspaper, print, negative, slide, motion picture, videotape, computer data file or other mechanically, electronically or chemically reproduced visual image or material that depicts any person who has not yet attained 16 years of age, who the person knows or has reason to know is a person under 16 years of age, engaged in sexually explicit conduct. ” Provided the accused should have reasonably known that the person was a minor under the age of 16, a conviction may result. Note that the intent to distribute the materials is also sufficient for a conviction – even if no sharing took place. Depending on the age of the child depicted in the material sought to be distributed or disseminated, the charge could result in an A, B or C felony, with maximum penalties ranging from 5 years to 30 years in prison. Contact us for help now If you are facing dissemination of sexually explicit materials charges in Maine, it’s essential to work with an experienced and understanding defense attorney. Our law firm is here to provide discreet and dedicated legal representation. Contact us today. Resources --- ### What is gross sexual assault as it pertains to children in Maine? > Gross sexual assault is a particularly serious sex crime that involves engaging in a sexual act, regardless of their age. Call before it's too late! - Published: 2021-03-22 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/faq/what-is-gross-sexual-assault-in-maine-as-it-pertains-to-children/ Gross sexual assault is a particularly serious sex crime that involves engaging in a sexual act with another person, regardless of their age. However, if the person is under the age of 18 (not the offender’s spouse), in some instances it won’t matter if the defendant had sex against their will or with their consent (remember, the law in Maine doesn’t allow minors under the age of 16 to consent to a sexual act). A charge of gross sexual assault may apply in the following scenarios: The offender uses drugs or intoxicants The offender uses threats of force or actual physical force to compel the victim to engage in a sexual act The victim is mentally disabled The victim is unconscious The offender has supervisory or disciplinary authority over the victim The victim is a student enrolled in a school whether the offender is an employee The victim is attending a children's home, child care facility or other child’s institution where the offender is an employee The offender is a parent, stepparent, foster parent, guardian, or another similar person The offender is the victim’s psychiatrist, psychologist, or a licensed social worker The victim is under official supervision as a probationer or a parolee or a prisoner on supervised community confinement Penalties for gross sexual assault against minors can carry consequences that include up to 30 years in prison and up to a $50,000 fine. Blog Posts --- ### What is considered sexual misconduct with a minor under the age of 14 in Maine? - Published: 2021-03-22 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/faq/what-is-considered-sexual-misconduct-with-a-minor-under-the-age-of-14-in-maine/ Sexual misconduct with a minor under the age of 14 is a crime in Maine. How serious a crime it is depends on the age of the minor. The crime involves displaying "sexually explicit materials" to minors under a certain age. This is defined as: “any book, magazine, print, negative, slide, motion picture, videotape or other mechanically reproduced visual material that the person knows or should know depicts a person, minor or adult, engaging in sexually explicit conduct. ” In the Maine Criminal Code, one law exists for sexual misconduct with a child under 14 years of age and another for sexual misconduct with a child under 12 years of age, and the age of the minor is what determines if the charge is a misdemeanor or felony. A person can be found guilty of sexual misconduct with a minor (under 12 or 14) if: “having in fact attained 18 years of age, knowingly displays any sexually explicit materials ... with the intent to encourage the other person to engage in a sexual act or sexual contact. ” --- ### What is the statute of limitations for the crime of sexual abuse against children in Maine? - Published: 2021-03-22 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/faq/what-is-the-statute-of-limitations-for-the-crime-of-sexual-abuse-against-children-in-maine/ Sometimes, a statute of limitations is imposed by the justice system for criminal offenses. This means that the State of Maine has a certain amount of time in which to file a lawsuit against the accused on behalf of a victim. With child sexual abuse cases, there is no statute of limitations in Maine. The same applies to most serious sexual crimes that are prosecuted as felonies (Class C crimes or above). Some misdemeanors (Class D or E crimes) or lower-level felonies may have a three or six-year statute of limitations but child sexual abuse is one of the most serious felonies. So, historical claims of sexual abuse that can be substantiated can still be prosecuted regardless of when they occurred. If you are the victim of child sexual abuse or you are aware of a case, notify law enforcement and seek legal advice. Your claims will be investigated and a decision will be made by the prosecutor whether or not to file charges against the accused. --- ### Age of consent for sexual activity in Maine > Understanding Maine's age of consent laws is vital if accused of unlawful sexual activity with a minor. Protect yourself with our help. - Published: 2021-03-22 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/age-of-consent-for-sex-maine/ The Maine Criminal Defense Group is a leading criminal law firm with a strong commitment to providing expert legal counsel and representation in sex crime case in Maine. One important area of concern that frequently arises is the age of consent for sexual activity in Maine. Understanding this crucial legal aspect is paramount to navigating the complexities of relationships and avoiding potential legal consequences. What is the age of consent in Maine? The age of consent for sexual activity in Maine, heterosexual or homosexual, is 16 years old in Maine. This law is predominantly designed to protect children from being exploited sexually by adults over the age of 21. Romeo & Juliet Law Within the laws, there are provisions for people to legally consent to sex with another person of a similar age even if they are aged 14 or 15. This is sometimes known as the “Romeo and Juliet” law, which means that if a person is less than five years older than a sexual partner aged 14 or 15, consensual sexual activity is lawful. So, a 19-year-old boy male engaging in consensual sexual activity with a 15-year-old girl is not liable for prosecution. In Maine, a 20-year-old engaging in sexual activity with a 14-year-old may face criminal charges, even if they believed the younger individual was 16 years old. The accused may be able to raise a statutory rape defense if they can prove a reasonable belief that the other party was of legal age. This defense is... --- ### What are the prohibited consensual sexual activity laws in Maine? - Published: 2021-03-22 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-prohibited-consensual-sexual-activity-laws-in-maine/ Even if sexual activity is claimed to be “consensual”, laws in Maine protect children from being exploited. Prohibited consensual sexual activity includes any sexual act with a person aged under 16 years regardless of whether it is claimed as “consensual”. That is because no person under that age can consent to sexual activity as they are not considered mature enough to be able to make that decision. However, there is an exception. In Maine, we have the so-called “Romeo and Juliet” law. Under this legislation, a person accused of sexual activity with a 14- or 15-year-old, and who is less than five years older than their sexual partner, may be exempt from a sex crime charge. --- ### Gorham Maine OUI Defense Attorneys > Our Gorham OUI lawyers at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2021-03-17 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/gorham-maine-oui-attorneys/ OUI laws in Gorham, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Gorham, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Gorham bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Gorham court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Gorham, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Gorham, MaineGorham is a town in southern Maine, just to the west of Portland, with a population of 6,882 in the 2010 census. As a close suburb to what is becoming one of the hottest cities in New England, Gorham has become the fastest-growing community in the state of Maine. The financial website NerdWallet even ranked Gorham as the second best town in Maine for young families, citing its rapid growth, low unemployment rates, and high number of artistic events held every year. With all of this in mind, it should not come as a surprise that Gorham is younger and more affluent than the Maine state average. The median age of Gorham is 32. 5 years old, while Maine’s is 44. Additionally,... --- ### What is criminal speeding in Maine? > Criminal speeding in Maine is driving 30+ mph over the limit. It’s a serious offense that can lead to fines, license suspension, & even jail. - Published: 2021-02-24 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/what-is-criminal-speeding-in-maine/ In Maine, like most roads and streets in the United States, have posted speed limit markers. If a driver fails to obey the speed limit laws, they may be subject to a traffic infraction. In some circumstances, however, a driver can go over the speed limit restrictions so badly, that they will face criminal charges. This is referred to as "Criminal Speeding". Criminal speeding laws in Maine There are strict laws that drivers must obey when it comes to speed limits. Under Maine Criminal Code Title 29-A section 2074: “An operator shall operate a vehicle at a careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing. ” Most roads and streets have posted speed limit markers. If a driver fails to obey the speed limit laws, they may be subject to a traffic infraction. In some circumstances, however, a driver can go over the speed limit restrictions so badly, that they will face criminal charges. This is referred to as Criminal Speeding. Contact our Maine Criminal Speeding Lawyers In order for a criminal speeding charge to be placed, police must document three facts: The stated speed limit of the road The actual speed that the driver was operating at That the actual speed was 30 mph or more over the legal speed limit If you’ve been charged with criminal speeding in Maine, the consequences can be severe, including hefty fines,... --- ### What type of crime is theft by deception in Maine? - Published: 2021-02-24 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/faq/what-type-of-crime-is-theft-by-deception-in-maine/ According to the laws of Maine, basic theft is “obtaining or exercising unauthorized control over the property of another with the intent of depriving the other person of the property. ” However, because there are lots of different ways for someone to “obtain or exercise unauthorized control over the property of another,” there are lots of laws that deal specifically with each of these different ways of doing it. Theft by deception is one of them. Theft by Deception There are countless ways of deceiving someone. The possible lies that can be told in any given situation are literally infinite. It’s not uncommon, or difficult, really, to use deception to get someone else’s property. The theft laws of Maine, however, see five different ways of deceiving someone. We’ll start off by summarizing them, before going through the most specific, complex ones in more depth. Under Maine law, theft by deception occurs if you steal someone else’s property by intentionally: Creating or reinforcing a false impression that you do not believe to be true, Failing to correct a false impression that you created or reinforced, Failing to correct a false impression, if you know it is influencing the person with the property, and if you are in a “fiduciary relationship” with them, Preventing someone from getting information relevant to the disposition of their property Transferring property without disclosing someone else’s interest in it. Some of these categories are very broad, and include lots of different ways of deceiving someone. Others are... --- ### What are the marijuana penalties for minors in Maine? - Published: 2021-02-24 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-marijuana-penalties-for-minors-in-maine/ The penalties for a marijuana crime have dropped dramatically in recent years. At this point, most drug crimes involving marijuana – not counting those that involve enough marijuana to create an intent to sell – are civil infractions that are only punishable with a fine. However, minors accused of marijuana offenses may face traditional repercussions of a criminal conviction like fines and jail time and also, as a result, face a blemish on their criminal records that can seriously undermine their futures. According to Maine Legislation: "A minor who possesses up to and including 2 1/2 ounces of marijuana commits a civil violation for which a fine of not more than $100 may be adjudged. If the minor does not commit another violation of this paragraph within one year following adjudication, the court shall expunge the record of the civil violation. " If a minor who violates § 2453-A once in Maine will be adjudged a fine of no less than $300 BUT no more than $600. If the same minor has violated the same act 2 times or more will be adjudged a fine of $600 with small exceptions to the law. The cost of a criminal conviction involving marijuana goes well beyond the fine. It can impact a young person’s college prospects and financial aid and can put a blemish on their professional reputation even before it gets started. --- ### What are the penalties for growing marijuana illegally in Maine? - Published: 2021-02-24 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalties-for-growing-marijuana-illegally-in-maine/ Illegally cultivating marijuana in the state of Maine can carry serious consequences. If the number of marijuana plants involved with a cultivation charge is less than five, the defendant will face a Class E crime and minor penalties. The penalties increase for the Class D crime of cultivating more than five but fewer than 100 plants. Cultivating more than one 100 marijuana plants but fewer than 500 will be charged as a Class C crime, and more than 500 plants will result in Class B penalties. As with other drug crimes, the specific penalties will depend on the circumstances of the arrest and other factors as well. The maximum sentences for this class of crimes are as follows: Class E: A jail sentence of up to 6 months and/or up to $1,000 in fines. Class D: A jail sentence of up to 1 year and/or up to $2,000 in fines. Class C: A jail sentence of up to 5 years and/or up to $5,000 in fines. Class B: A jail sentence of up to 10 years and/or up to $20,000 in fines. Other factors that can add to your sentence include your criminal history and any past drug-related convictions. If a vehicle is used in any form of the cultivation process, license suspension can also be added to the sentence. Marijuana cultivation can also lead to other drug charges too. Possession of large amounts of any drug will lead police to suspect intent to sell or trafficking. Drug Trafficking is... --- ### What amount of drugs is considered trafficking if Maine? - Published: 2021-02-24 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/faq/what-amount-of-drugs-is-considered-trafficking-if-maine/ Drug trafficking laws in Maine are as follows: By possessing over a set amount lets prosecutors pursue drug trafficking charges, regardless of what you were going to do with the drugs. The specified drugs below and the set amount that lets prosecutors charge for trafficking are: 14 grams or more of powder cocaine or methamphetamine, 4 grams or more of crack cocaine, 90 or more pills containing any narcotic drug, Pills containing 800 or more milligrams of oxycodone, Pills containing 100 or more milligrams of hydromorphone, 30 or more pills of MDMA or similar drugs. It doesn’t matter to the police or the courts in Maine what you intend on doing with these drugs. Simply having them is enough to get charged with drug trafficking. Remember, these are just Maine state laws regarding drug trafficking. The federal government also has the ability to regulate drug trafficking, as well. If federal prosecutors want to, they can pick up state cases in Maine and tack on federal criminal charges, as well. These can increase the penalties that you could be facing. --- ### Can I have a shoplifting charge expunged from my criminal record in Maine? - Published: 2021-02-24 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/faq/can-i-have-a-shoplifting-charge-expunged-from-my-criminal-record-in-maine/ You cannot get a shoplifting conviction expunged unless you were under the age of 18 and the circumstances of the shoplifting offense were minor. Expungement is the act of sealing past criminal records from the public’s eye. Maine’s expungement laws are some of the strictest in the country. No matter what the underlying criminal offense was, it will stay on your criminal history forever if you were over 18 at the time. The only time an adult can have a criminal record expunged is if the offense was a Class E crime and the adult was between 18 and 21 years old at the time of the offense. Because most shoplifting allegations are Class E crimes, it is possible for young adults to successfully have their shoplifting record expunged but only if the requirements are satisfied. If you were under 18, then the rules of juvenile court come into play and you are far more likely to get your record sealed from public view. --- ### Can I reduce the penalties of a shoplifting charge in Maine - Published: 2021-02-24 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/faq/can-i-reduce-the-penalties-of-a-shoplifting-charge-in-maine/ Depending on circumstances like your criminal history and the evidence that the prosecutor has against you, it can sometimes be in your interests to pursue a plea deal rather than an outright acquittal. If you have not yet been convicted for shoplifting in the past, you may be eligible for the shoplifter diversion program. Diversion programs require you to plead guilty in exchange for the suspension of the sentence you could have received if convicted at trial. You must, however, complete the diversion program’s requirements. These requirements often come in the form of probation, community service, and mandatory classes. If you complete the diversion program successfully, the charges are often dropped and your record is wiped clean. If you fail in any regard, the case goes straight to sentencing because you have already pleaded guilty. --- ### What are the penalites for shoplifting in Maine? - Published: 2021-02-24 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalites-for-shoplifting-in-maine/ It depends on what was allegedly stolen and how valuable it was. Most shoplifting allegations involve something valued under $500. These are Class E crimes that carry up to 6 months in jail and up to $1,000 in fines. Shoplifting charges involving more valuable items carry higher penalties, as do allegations of shoplifting a gun or using a deadly weapon during the offense. Once these fines are paid and the jail time served, though, the penalties of a shoplifting conviction linger on. For example, people who have been convicted of shoplifting are almost guaranteed to never be hired in the retail industry, and other employers are sure to frown on a past conviction. Shoplifters are also likely to get banned from the store, sometimes for life. --- ### What are the most common types of theft charges in Maine? - Published: 2021-02-24 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-most-common-types-of-theft-charges-in-maine/ What are the most common types of theft charges in Maine? There are many different circumstances that may lead to a charge of theft. They are generally broken into classifications and include the following: Theft by unauthorized taking or transfer – What most people think of when they hear theft, this involves taking something that does not belong to you or taking an item without paying for it. Theft by deception – This can involve many things including cons or soliciting donations for personal gain. Theft by receiving stolen property – If you except items that you know to be stolen or have some reason to believe that they were stolen, you can also be charged with theft. Theft of services – Just like physical items, services can be stolen if they were performed and there was never an intention to compensate for them. Unauthorized use of property – Using items, land or services that do not belong to you is a crime just like any other type of theft. Robbery – You do not have to use a weapon to commit robbery, but any type of real or implied violence to unlawfully obtain property from a person or property is considered robbery. The penalties for theft are dependent upon the value of the property taken, surrounding circumstances of the alleged crime, and the defendant’s criminal record. The two most common levels of theft include petty theft and grand theft. While one is more serious than the other, both can... --- ### What are the penalties for prescription fraud charges in Maine? - Published: 2021-02-24 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalties-for-prescription-fraud-charges-in-maine/ Prescription fraud has grown heavily throughout the United States in recent years, and people have become more and more susceptible to prescription drug addiction, in turn. Prescription fraud is a felony offense across the nation, and the penalties are waged accordingly. If convicted of this offense, one can expect to face up to five years in prison and hefty fines. Not only can an individual who acted unlawfully face harsh penalties, but any doctor who knowingly acted as an accomplice, or enabled this crime, can face the same consequences, as well—in addition to losing their license to practice medicine. A Maine prescription fraud attorney can assist you in fighting these charges and avoiding the negative consequences of a conviction. If someone is faced with a first-time offense, they might be able to reduce their charges to probation paired with the completion of a rehabilitation program. Most states have a “zero tolerance” attitude toward any kind of drug crime, and they increase the severity of the punishment accordingly, as the frequency of this crime occurs. --- ### Is prescription fraud a federal offense in Maine? - Published: 2021-02-24 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/faq/is-prescription-fraud-a-federal-offense-in-maine/ Drug charges at the federal level can range from a simple possession of marijuana charge to larger operations such as manufacturing and distribution of controlled substances. State laws tend to differ on the severity of punishing certain drug crimes at the federal level there are certain drug related crimes that are so severe that they carry mandatory minimum penalties. Federal crimes that do carry mandatory minimum penalties and possible long-term incarceration including: drug trafficking Drug manufacturing Conspiracy Possession illegal importation of drugs & prescription drug related offenses. Maine criminal code Title 17-A defines a prescription drug as any drug that: 1. Under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements: “Caution: Federal law prohibits dispensing without prescription. ” or “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian. ” 2. Is required by an applicable federal or state law or rule to be dispensed on prescription only or is restricted to use by practitioners only. There are different types of prescription fraud charges in the state of Maine. There are a number of actions that constitute prescription fraud. Anything in which a person attempts or successfully obtains a prescription drug when it is not medically necessary can be charged as prescription fraud. Prescription fraud crimes include: Forging Prescriptions This can be done in an almost infinite number of ways but generally involves a person changing their prescription or writing themselves false... --- ### What is considered prescription fraud in Maine? - Published: 2021-02-24 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/faq/what-is-considered-prescription-fraud-in-maine/ Prescription fraud can be defined as any unlawful acquisition of prescription drugs for profit, personal use and/or recreation—which is usually due to an addiction. This could include any acts such as visiting several doctors to obtain multiple prescriptions, forging a prescription, and/or altering a prescription to increase the quantity. All of these acts are illegal and punishable under the law. Some of the most commonly abused prescription drugs, according to Maine law enforcement, include: Vicodin (hydrocodone) Valium (diazepam) Xanax (alprazolam) OxyContin (oxycodone) Percocet (oxycodone/paracetamol) Morphine Although these substances are frequently, and legally, prescribed for various medical conditions, many of these drugs can create a high level of dependency if taken for a prolonged period of time—causing addiction to develop in some users. Taking measures to illegally obtain prescriptions for these drugs, however, is a punishable offense and can have serious penalties if convicted of a prescription fraud charge. --- ### What happens if you have violated probation in Maine? - Published: 2021-02-24 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/faq/what-happens-if-you-have-violated-probation-in-maine/ The terms of an individual’s probation are legally binding and if found in violation of said probation they may find themselves facing additional penalties in the state of Maine. The terms of one’s probation are often specific to their offense so if you are unsure you should discuss your concerns with your probation officer. An individual can be found in violation of their probation if they: Fail to appear in court Fail to complete a required course/treatment program Fail to report to a probation officer Commit an additional crime Fail to complete community service Fail to maintain employment According to Maine code §1206 states if a person If a person on probation is convicted of a new crime during the period of probation, the court may sentence that person for the crime and revoke probation. If the person has been sentenced for the new crime and probation revocation proceedings are subsequently commenced, the court that conducts the revocation hearing may revoke probation. WHAT ARE THE CONSEQUENCES OF A PROBATION VIOLATION IN MAINE? An officer does not have a set practice for reporting violators so they may either issue a warning or inform the accused violator that they will need to appear in court. At the court appearance, the probation officer will make a recommendation for a punishment for the offender. Punishments, including the decision to only issue a warning, are based on the violation as well as criminal history. If the offender has previously violated the terms of probation, they... --- ### What are considered civil violations in Maine? - Published: 2021-02-24 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/faq/what-are-considered-civil-violations-in-maine/ In the state of Maine, the administrative office of the court of Maine published "The Judicial Branch Citizen's guide" which states that civil violations include: Minor traffic infractions, Possession of a small amount of marijuana, Violations of town and city ordinances, such as leash laws. If an individual commits a civil violation a ticket will be issued by an officer with summons instructions dictating for the individual to appear in District Court on a certain date. While the civil violations are not as serious as a criminal offense and does not have to be "proven beyond reasonable doubt" if the individual does not appear in court or pay the fine a civil violation can become much more serious. Blog Posts --- ### Penalties for drug possession in Maine > Facing drug possession charges in Maine? Convictions can mean prison, fines, and a felony record. Learn the penalties & call us for help now. - Published: 2021-02-24 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalties-for-drug-possession-in-maine/ Drug possession charges in Maine carry serious consequences, including hefty fines, jail time, and a permanent criminal record that can impact your future. The severity of the penalties depends on the type and quantity of the substance, as well as any prior offenses. A drug conviction can affect employment, housing, and educational opportunities, making it crucial to take immediate action. At The Maine Criminal Defense Group, we understand the stakes and are committed to providing an aggressive defense to protect your rights and future. If you’re facing drug possession charges, knowing your legal options is the first step toward building a strong defense. Drug schedules in Maine The following drug schedule is taken from the Maine Revised Statutes Title 17-A, Chapter 45, §1102: Schedule W: includes cocaine, crack cocaine, heroin, ecstasy, methamphetamine, and Vicodin Schedule X: includes hallucinogenic drugs, hashish, and drugs that depress the central nervous system Schedule Y: Codeine, Barbitol and other prescription drugs Schedule Z: marijuana, all prescription drugs other than those included in previous schedules Penalties for drug possession If you get convicted for drug possession, the penalty that you could face depends on the nature of the drug that you were in possession of, and how much of it you had. Generally, drug possession is a misdemeanor charge. The exact penalties depend on which of Maine's controlled substance schedules the drug belongs to: Type of Crime Jail time Fine Schedule W Class D (Misdemeanor) Up to 364 days $2,000 Schedule X Class D (Misdemeanor) Up... --- ### What are the penalties for theft by deception in Maine? - Published: 2021-02-24 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalties-for-theft-by-deception-in-maine/ The criminal penalties that you could face, if you get convicted for theft by deception, depend on the value of the property that was taken. Value of Property Class of Crime Jail Time Fines Statute Under $500 Class E Misdemeanor Up to 180 days Up to $1,000 17A §354 (1)(B) $500 - $1,000 Class D Misdemeanor Up to 1 year Up to $2,000 17A §354 (1)(B)(5) $1,000 - $10,000 Class C Felony Up to 5 years Up to $5,000 17A §354 (1)(B)(4) Over $10,000 Class B Felony Up to 10 years Up to $20,000 17A §354 (1)(B)(1) If the property that gets stolen is a firearm or explosives you'll face a felony theft charge, shown at the bottom row of the table. Things also change if you have two prior theft convictions. If this is the case, and you're facing a new charge for petty theft – under $500 of property stolen – then you'll face charges and penalties for a Class C felony, rather than for a Class E misdemeanor. These are only the criminal sanctions that you would face, if convicted for theft by deception. You could also face a civil lawsuit by the owner of the property, looking to recover the value of what was taken. This makes it important to determine the value of what was stolen. Maine sees an items value as how much it would sell for, not the sentimental value to the person whom lost the stolen item/items. This prevents the owner of... --- ### What is domestic violence terrorizing in Maine? - Published: 2021-02-16 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/faq/what-is-domestic-violence-terrorizing-in-maine/ Domestic Violence Terrorizing is defined as follows: The victim must be a domestic partner or dating partner of the defendant, as defined by Title 19-A section 4002 of the Maine Statutes. The defendant must make a threat to commit an act of violence, which is dangerous to human life and does in fact cause the person who this threat was communicated to, to be placed in reasonable fear of the act being carried out. The prosecution faces serious proof problems when charging Domestic Violence Terrorizing as they normally involve a household family member who is not interested in seeing the defendant prosecuted for the crime committed. Equally important is that if there is only a threat of violence uttered and no physical assault, these cases are incredibly difficult to prove. Normally, an act of violence accompanies the threat and in those cases, it becomes much easier to prove the underlying threat. If you’ve been previously charged with any crime of domestic violence or you’ve previously violated a Protection from Abuse Order, you’re at risk for being charged with a Class “C” Felony Domestic Violence Terrorizing crime. Section 210-B of Title 17-A, which is the Maine Criminal Code dealing with domestic violence terrorizing charges, provides for specific instances where a person can be charged with a felony. " --- ### Is being intoxicated a defense against a sex crime allegation? - Published: 2021-02-16 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/faq/is-being-intoxicated-a-defense-against-a-sex-crime-allegation/ Rarely can you use the defense of excessive intoxication against any type of sex crime allegation. The vast majority of intoxication defenses are for voluntary intoxication, where you took drugs or drank alcohol of your own accord. The standards for a defense of voluntary intoxication are very high in Maine: You’d have to show that you were so intoxicated that you could not have formed an intent to commit the crime you have been accused of committing. Worse, signs that your accuser was intoxicated can actually hurt you. If the accuser was intoxicated, it cuts against your defense that they consented to the sexual act. Furthermore, Gross Sexual Assault doesn’t require the traditional “State of Mind” as an element. Rather, the various sub-categories of Gross Sexual Assault have different elements such as “impairing the person’s ability to consent with drugs or alcohol”, “submission to the sexual act as a result of compulsion” and other qualifiers where voluntary intoxication is irrelevant. --- ### Who must report rape or abuse in Maine? > In Maine, certain professionals must report child abuse, including statutory rape, under Title 22, §4011-A. Learn who is required to report. - Published: 2021-02-16 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/faq/who-must-report-rape-or-abuse-in-the-state-of-maine/ In the State of Maine, certain professionals have an obligation to report child abuse to authorities as per Title 22, §4011-A. This includes statutory rape. It is a very long list and basically includes anyone that a child would interact with on a regular basis. Some of these professionals include: Doctors or specialists Dentist or dental staff Teachers, guidance counselors and school officials Social workers or child service officers Camp counselors Homemakers Child care professionals Law enforcement or firefighter One way that statutory rape is discovered is when a minor becomes pregnant. This is a clear sign that the minor is sexually active and can be a red flag of sexual abuse. --- ### Statutory Rape Laws and Age of Consent in Maine - Published: 2021-02-16 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-statutory-rape-laws-in-maine/ A statutory rape conviction can lead to serious consequences. For the most minor offenses, you can be sentenced to one to five years in jail. The most serious offenses are considered gross sexual assault and can lead to up to 30 years of jail time. In addition, a conviction can lead to mandatory registration as a sex offender and can affect your child custody status. A sex crime conviction will show up on a background check and may lead to you being passed over for educational and career opportunities. It can even affect where you are allowed to live. Maine statutory rape laws are complicated and include very specific stipulations. In general, a minor under the age of 16 cannot consent to sexual acts. There are exceptions to this law, however. If the minor is over the age of 14 and the defendant is less than 5 years older, consensual sexual acts between the two are not considered statutory rape. If the minor is at least 14 and the defendant is less than 10 years older, voluntary sexual contact is not considered a crime. If the minor is under 14 years old, sexual contact with a person less than 3 years older and sexual touching with a person 5 years older is not considered statutory rape as long as it is consensual. The levels of charges in a statutory rape case can vary. The most serious crimes are considered gross sexual assault. You can be charged with gross sexual assault... --- ### When is registering as a sex offender a requirement in Maine? - Published: 2021-02-16 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/faq/when-is-registering-as-a-sex-offender-a-requirement-in-maine/ Not all convictions for sex crimes require you to register as a sex offender in Maine. To make matters even more complex, Maine changed its sex offender registration requirements on January 1, 2013. For cases that happened in 2012 or before, the Sex Offender Registration and Notification Act of 1999 (SORNA 1999) differentiates between “sex offenses” and “violent sex offenses. ” Sex offenders who have registered under SORNA 1999 are either 10-year registrants or lifetime registrants. Sex offenders who only have to register for 10 years have a less serious offense than those who have to register as a sex offender for the rest of their lives. Now, though, the Sex Offender Registration and Notification Act of 2013 (SORNA 2013) splits eligible sex crimes into three tiers – Tier I, Tier II, and Tier III. Each of these tiers come with different requirements. --- ### What are the penalties for rape of a minor in Maine? - Published: 2021-02-16 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalties-for-rape-of-a-minor-in-maine/ Rape charges are very serious, but rape of a minor charges are the most severe. Forcibly engaging in an unwanted sexual act involving penetration is rape, and can be considered gross sexual assault. Under Maine Code §253, “gross sexual assault to have sexual intercourse with a person under age 14 is punishable by up to 30 years in prison. If the age gap is far enough apart, even consensual sex with a minor is considered a form of rape. Statutory rape laws declare that a minor under the age of 14 cannot give consent to sexual activity. Under Maine Code §255, “any person 3+ years older than a victim who engages in sexual contact with any person under 14 years old” can be charged with a class C crime, or a class B crime if it involved penetration. The penalties of these crimes are then decided accordingly, as a class C felony is punishable by up to 5 years in jail and a $15,000 fine, and a class B felony is punishable by up to 10 years in jail and a $20,000 fine. --- ### What are the different types of rape offenses in Maine - Published: 2021-02-16 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-different-types-of-rape-offenses-in-maine/ There are several types of rape that can be prosecuted under the law as rape does not strictly take place between a male aggressor and a female victim. Depending on the circumstances, the penalties will be different and there is no way to know for sure what your sentence will be if you are convicted. Often rape offenses result in jail time, probation, steep fees and more. You will also have to be registered as a sex offender. Any of these consequences can severely impact your life and career. Various types of rape offenses include: Date rape This type of rape often occurs between casual/social acquaintances, sometimes making it difficult to prove. It also commonly involves the use of a “date rape” drug, which would debilitate the victim and make it easier for the attacker to carry out the rape. Gang rape This type of rape includes at least two or more attackers committing a sexual assault against/forcing sexual intercourse upon one victim. Prison rape This type of rape occurs between prison inmates, meaning that they are usually same-sex crimes, and are thought to affect between 3%-12% of all inmates. Incestual rape This type of rape occurs between close relatives, including blood relatives, step-relatives, adoptive relatives, and/or members of the same household. Statutory rape This type of offense occurs between a person who has not yet reached the age of consent and an adult, regardless of consent. Marital rape This type of rape occurs between a married couple, regardless of... --- ### What are the penalties of indecent conduct (exposure) in Maine? - Published: 2021-02-16 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/faq/what-are-the-penalties-of-indecent-conduct-exposure-in-maine/ Depending on the type of indecent exposure that took place, one might expect to face serious legal consequences. Under Maine Code §854, “any person 18+ who for sexual gratification lewdly exposes his genitals to a person under 14, or causes a person under 14 to expose his genitals” can be charged with a class D crime, or a class C crime is the victim was under 12 years old. A class D crime may result in up to 1 year in jail and a fine of $2,000, and a class C crime may result in up to 5 years in jail and a $5,000 fine. For lesser offenses, like engaging in a sexual act in view of the public or intentionally exposing one’s genitals in a public place or with the intention of being seen from another private place, one would face a class E offense-which may result in six months in jail and a $1,000 fine. If an offender has two or more prior convictions for any combination of these sex crimes, it would then result in a class D crime. Under the law, motor vehicles that are parked on a public way are still considered a public place, so if found to be engaging in a sexual act while in a motor vehicle, one may still be charged with indecent exposure, as well. --- ### What is indecent conduct (exposure) in Maine? - Published: 2021-02-16 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/faq/what-is-indecent-conduct-exposure-in-maine/ Indecent conduct is defined as the intentional exposure, in public or in view of the general public, by an individual and a portion of his/ her body which is unacceptable by moral and/or societal standards of conduct. Examples of indecent conduct or exposure would be exposing areas such as the genitals, the buttocks, and female breasts under inappropriate, or public, circumstances-excluding a mother’s ability to breastfeed in public. This type of behavior is often carried out with the intention of shocking or disturbing another, or to receive sexual gratification. Indecent exposure can also include other sexual, or otherwise inappropriate acts that are done within the view of the public, such as: Masturbation Sexual intercourse Public nudity Lewd conduct --- ### Penalties for a child pornography conviction in Maine > A child pornography conviction in Maine carries severe penalties, including jail time, fines, and sex offender registration. Learn more. - Published: 2021-02-16 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/faq/child-pornography-penalties-maine/ If found guilty of possessing and/or viewing child pornography, an individual will be required to register in the sex offender database-meaning that they will have to continually update their information when they choose to move, maintain employment, or attend school in another jurisdiction. This information will be viewable by the public, including what charges a person was convicted of. Also, a person may be subject to federal and/or state charges. According to Maine Code §284, being in possession of any sexually explicit material that involves a minor less than 16 years of age would result in a class D crime in the state of Maine. A class D offense is punishable by up to 1 year in jail and a $2,000 fine. If in possession of child pornography where the minor is less than 12 years old, an individual would be charged with a class C crime-resulting in up to 5 years in jail and a $5,000 fine. If an offender has had one or more prior convictions, the severity of the crime, and the resulting penalties, will be increased, as well. Blog Posts --- ### Child pornography laws in Maine > If you're facing child pornography charges in Maine, it’s essential to work with an experienced and understanding defense attorney. Call now. - Published: 2021-02-16 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/faq/child-pornography-definition-maine/ How is child pornography defined in Maine? Child pornography in Maine can be defined as any depiction of sexually explicit acts involving a minor, whether through images or film. It is illegal to produce, posses, and/or distribute child pornography in any form, and is punished severely under the law. Child pornography is often viewed and distributed among pedophiles, who become sexually aroused by the depictions of children engaging in sexual acts. The child victims are often brutalized in the production of child pornography, and this offense is often an extension of child prostitution and/or human trafficking practices. The Mayo Clinic reported that around 76% of individuals who were arrested for the possession of child pornography had molested a child at some point, and that 30%-80% of individuals who view child pornography on the internet had also acted out on their impulses at one point. What is child pornography? Under the law, child pornography is sometimes hard to define and/or classify and prosecute as a sex crime. Classifications of such have been roughly outlined in scales of increasing severity of inappropriate nature, including: Erotic Posing This is an inherently sexualized depiction of children, whether fully clothed or partially naked, by deliberately posing them in an erotic manner. Explicit Erotic Posing Whether partially clothed or naked, it is any depiction that emphasizes the genital area. Explicit Sexual Activity Images and/or videos illustrating explicit sexual acts between children or alone, but without the presence of an adult. Assault Depictions of children being sexually... --- ### How much does an OUI / DUI conviction cost in Maine? - Published: 2021-02-12 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/faq/how-much-does-an-oui-dui-conviction-cost-in-maine/ Cost of an OUI / DUI Conviction in Maine A conviction could cost you up to $7,000, so it is important that you do everything in your power to get the charges against you dropped. Our experienced Maine OUI attorneys can help you deal with all the consequences effectively. If you’ve been arrested for an OUI charge, there is important information that you need to know. For example, you only have 10 business days to stop your license from being suspended. An OUI attorney, with decades of successful case results, can make sure you can keep your license until your trial, but only if you call right away. If you have been arrested for OUI in Maine, you must request a BMV hearing within ten days of the date of your arrest in order to fight an automatic driver’s license suspension from the Secretary of State. { "@context": "https://schema. org", "@type": "FAQPage", "url":"https://www. notguiltyattorneys. com/faq/how-much-does-an-oui-dui-conviction-cost-in-maine/", "mainEntity": } --- ### Bar Harbor Maine Criminal Defense Attorneys > The Maine Criminal Defense Group is a Bar Harbor criminal law firm with 80+ years of experience in successfully defending criminal charges. - Published: 2021-01-28 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/bar-harbor-maine-criminal-attorneys/ The impact of criminal charges on your life in Bar Harbor, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Bar Harbor, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Bar Harbor, MaineIn Bar Harbor, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter... --- ### Brunswick Maine Criminal Defense Attorneys > Our criminal defense attorneys in Brunswick at The Maine Criminal Defense Group has the skills & experience to defend your criminal charges. - Published: 2021-01-28 - Modified: 2025-06-11 - URL: https://www.notguiltyattorneys.com/brunswick-maine-criminal-attorneys/ If you’ve been arrested or charged with a crime in Brunswick, Maine, the outcome can impact every aspect of your life—making it critical to have a skilled Brunswick criminal defense attorney from The Maine Criminal Defense Group fighting to protect your rights, reduce your charges, and help you move forward. If you’ve been arrested or charged with a crime in Brunswick, Maine, securing a knowledgeable and aggressive defense attorney is one of the most important steps you can take. At The Maine Criminal Defense Group, our Brunswick criminal defense lawyers are committed to protecting your rights, minimizing the impact of criminal charges, and guiding you through every stage of the legal process with clarity and confidence. Led by Attorney William Bly, our team brings over 50 years of combined criminal law experience, defending clients throughout Cumberland County and across Maine. We handle a wide range of criminal cases—from misdemeanors to serious felony offenses—including:Drug crimes: Possession, trafficking, manufacturingDomestic violence and assaultOUI/DUI (Operating Under the Influence)Sex crimesFirearm and weapons chargesProbation violations, theft, fraud, and moreWhether you're facing your first charge or dealing with a complex criminal case, we take a strategic, aggressive, and personalized approach to every defense. Our mission is to reduce or dismiss the charges whenever possible and to fight for your freedom, reputation, and future. If you’re searching online for a top criminal defense attorney in Brunswick, Maine, contact us today. The sooner you act, the more time we have to build a strong defense on your behalf. Have... --- ### Westbrook Maine Criminal Attorneys > Our Westbrook criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-28 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/westbrook-maine-criminal-attorneys/ The impact of criminal charges on your life in Westbrook, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Westbrook, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Westbrook, MaineIn Westbrook, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Kennebunk Maine Criminal Defense Attorneys > Our Kennebunk criminal law team at The Maine Criminal Defense Group has over 80 years of experience in successfully defending criminal cases. - Published: 2021-01-28 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/kennebunk-maine-criminal-attorneys/ The impact of criminal charges on your life in Kennebunk, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Kennebunk, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Kennebunk, Maine In Kennebunk, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### Augusta Maine Criminal Defense Attorneys > Our Augusta criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-28 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/augusta-maine-criminal-attorneys/ The impact of criminal charges on your life in Augusta, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Augusta, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Augusta, MaineIn Augusta, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Saco Maine Criminal Defense Attorneys > Criminal defense attorneys in Saco at The Maine Criminal Defense Group have the skills to successfully defend your rights & freedom. Call us. - Published: 2021-01-28 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/saco-maine-criminal-attorneys/ The stakes are high when facing criminal charges in Saco, Maine, and The Maine Criminal Defense Group understands the profound impact these allegations can have on your future. Our dedicated and experienced criminal defense lawyers are committed to providing strategic, results-driven representation to protect your rights and help you move forward. Criminal Defense Lawyers in Saco, ME Defending your criminal offense in Southern Maine Based in Saco, Maine, our team, led by Attorney William Bly, brings over 50 years of combined legal expertise to the table. We handle a wide range of criminal cases, including OUI/DUI charges, drug offenses (such as possession, trafficking, and manufacturing), domestic violence accusations, sex crimes, assault charges, weapon violations, and more. No matter the complexity of your case, we have the knowledge and determination to fight for your best possible outcome. At The Maine Criminal Defense Group, we approach every case with meticulous preparation and an unwavering focus on achieving justice for our clients. Whether negotiating reduced charges, exploring alternative resolutions, or taking your case to trial, we are by your side every step of the way. Serving clients across Maine, we are passionate about safeguarding your future and restoring your peace of mind. Reach out to discuss your case today. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Classification of Crimes in Saco, MaineIn Saco, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following... --- ### Biddeford Maine Criminal Defense Attorneys > Criminal defense lawyers in Biddeford, Maine have the experience with proven results to protect clients' rights across a range of charges. - Published: 2021-01-27 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/biddeford-maine-criminal-attorneys/ The impact of criminal charges on your life in Biddeford, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Biddeford, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Biddeford, MaineIn Biddeford, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### South Portland Maine Criminal Attorneys > Our South Portland criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-27 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/south-portland-maine-criminal-attorneys/ The impact of criminal charges on your life in South Portland, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in South Portland, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In South Portland, MaineIn South Portland, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter... --- ### Portland Maine Criminal Defense Attorneys > Our Portland criminal defense attorneys have the experience & skills to protect your rights if you're accused of a crime. Call us now! - Published: 2021-01-22 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/portland-maine-criminal-attorneys/ The impact of criminal charges on your life in Portland, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Portland, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 80+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Classifications of Crimes In Portland, MaineIn Portland, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### Cumberland Maine Criminal Defense Attorneys > Facing charges in Cumberland, Maine? Our defense attorneys fight to protect your rights & work to reduce or dismiss charges. Call us. - Published: 2021-01-22 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/cumberland-maine-criminal-attorneys/ The impact of criminal charges on your life in Cumberland, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Cumberland, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Cumberland, MaineIn Cumberland, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Searsport Maine Criminal Defense Attorneys > Our Searsport law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-21 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/searsport-maine-criminal-attorneys/ The impact of criminal charges on your life in Searsport, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Searsport, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Searsport, Maine In Searsport, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the... --- ### Wells Maine Criminal Attorneys > Our Wells criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-21 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/wells-maine-criminal-attorneys/ The impact of criminal charges on your life in Wells, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Wells, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Wells, MaineIn Wells, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Maine Protection From Abuse Order Attorneys > Any victim of abuse can file for a restraining order, or a protection from abuse order in Maine. Learn how PFAs work, and how to obtain one. - Published: 2021-01-15 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-protection-from-abuse-order/ While law enforcement is generally reluctant to get involved in domestic matters in Maine, victims of domestic violence have several legal options available to prevent further abuse. Protection from abuse orders include emergency protection orders and standard protection orders, which are commonly referred to as restraining orders. If these types of court orders are violated, a victim or their family can call the police and have the alleged abuser arrested and charged with a crime. Arranging protection orders at these stressful and upsetting times can be a challenge for some families. The process is made much easier with the help of a domestic violence lawyer who is experienced in such matters. What are Protection from Abuse Orders in Maine? A Protection from Abuse Order is a court order that can help protect against anyone who has been violent or made threats to you or your children. In Maine, they can be temporary orders of 21 days or “permanent” orders of two years. Most commonly, protection orders are issued against: A spouse or ex-spouse A cohabitant or someone you used to cohabitate with A current or ex-partner A stalker or person who has sexually assaulted you A person who has threatened to use explicit photos of you Extended family members or care workers of over 60-year-olds who are dependent on others or incapacitated Plaintiffs, who are classified as the victim, often include spouses, children, family members, roommates, or current or former romantic partners. Types of protection from abuse orders in Maine Maine courts issue two types of protection from abuse orders: Temporary Protection from Abuse Order – Granted without a hearing or the alleged abuser’s knowledge, this order... --- ### Bangor Maine Criminal Defense Attorneys > Our Bangor criminal defense attorneys at The Maine Criminal Defense Group have the skills & experience to successfully defend your charges. - Published: 2021-01-14 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/bangor-maine-criminal-attorneys/ The impact of criminal charges on your life in Bangor, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Experienced Criminal Defense Lawyers in Bangor, Maine If you're facing criminal charges in Bangor, Maine, you need a skilled defense attorney who understands the complexities of the legal system. At The Maine Criminal Defense Group, our experienced team provides aggressive and strategic legal representation for individuals accused of crimes throughout Penobscot County and beyond. Led by William Bly, our attorneys have 50+ years of combined experience successfully defending clients against a wide range of charges, including drug offenses, sex crimes, domestic violence, assault, OUI/DUI, and weapons violations. Whether you’re dealing with a misdemeanor or a serious felony, we are committed to protecting your rights and your future. When your freedom is at stake, you need a law firm with the experience, knowledge, and dedication to fight for you. Contact us today to discuss your case and explore your defense options. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Bangor, Maine In Bangor, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the... --- ### Lewiston Maine Criminal Defense Attorneys > The Maine Criminal Defense Group provides trusted legal defense in Lewiston, Maine, representing those facing misdemeanor & criminal charges. - Published: 2021-01-14 - Modified: 2025-06-10 - URL: https://www.notguiltyattorneys.com/lewiston-maine-criminal-attorneys/ The impact of criminal charges on your life in Lewiston, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. If you’ve been charged with a crime in Lewiston, Maine, The Maine Criminal Defense Group is ready to defend your rights and protect your future. Our team, led by veteran attorney William Bly, represents individuals facing a wide range of criminal charges—from misdemeanor offenses to serious felony cases. We defend clients throughout Androscoggin County in matters involving drug crimes, domestic violence, assault, sex offenses, theft, drunk driving (OUI), weapons charges, and more. No matter the charge, we take a strategic, client-focused approach aimed at securing the best possible outcome for your situation. Facing the criminal justice system can feel overwhelming, but you don’t have to go through it alone. When you work with an experienced criminal defense attorney in Lewiston, you gain a dedicated advocate committed to protecting your rights every step of the way. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Lewiston, MaineIn Lewiston, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E... --- ### Falmouth Maine Criminal Defense Attorneys > Trusted Falmouth, Maine criminal defense attorneys with over 80 years of experience fighting charges and protecting your rights & freedom. - Published: 2021-01-14 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/falmouth-maine-criminal-attorneys/ The impact of criminal charges on your life in Falmouth, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Experienced Criminal Defense Attorneys in Falmouth, Maine If you’ve been charged with a crime in Falmouth, Maine, securing experienced legal representation is essential. At The Maine Criminal Defense Group, our Falmouth-based criminal defense attorneys are committed to helping you navigate the criminal justice system with clarity, strategy, and determination. Led by attorney William Bly, our team brings over 80 years of combined legal experience defending clients across Maine. We handle a broad range of criminal cases—from misdemeanors to serious felonies—including charges involving drug offenses, OUI/DUI, domestic violence, sexual assault, theft, and firearms violations. We approach every case with a personalized, strategic defense designed to protect your rights and pursue the best possible outcome. Whether you’re under investigation or already facing charges, our legal team is ready to fight for your freedom and future. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Falmouth, MaineIn Falmouth, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will... --- ### Scarborough Maine Criminal Defense Attorneys > Trusted Scarborough criminal defense attorneys with 50+ years of experience. The Maine Criminal Defense Group fights to protect your rights. - Published: 2021-01-14 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/scarborough-maine-criminal-attorneys/ The impact of criminal charges on your life in Scarborough, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. If you’re searching for an experienced criminal defense attorney near you in Scarborough, Maine, The Maine Criminal Defense Group is here to help. Led by attorney William Bly, our team brings over 50 years of combined experience to the table, defending clients against a full range of criminal charges—from drug offenses and domestic violence to DUI, sex crimes, weapons charges, and serious felonies. We take a strategic, aggressive approach to every case, focused on protecting your rights and minimizing the consequences you face. Whether you're dealing with a first-time misdemeanor or a high-stakes felony, our Scarborough criminal defense lawyers are committed to securing the best possible outcome. If you're ready to take control of your case, contact us today to schedule a confidential consultation. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Scarborough, MaineIn Scarborough, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential of lower sentencing.... --- ### Bethel Maine Criminal Attorneys > Our Bethel criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-14 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/bethel-maine-criminal-attorneys/ The impact of criminal charges on your life in Bethel, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Bethel, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Bethel, MaineIn Bethel, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Belfast Maine Criminal Defense Attorneys > Belfast criminal defense attorneys at The Maine Criminal Defense Group has over 80 years of experience successfully defending your rights. - Published: 2021-01-14 - Modified: 2025-05-29 - URL: https://www.notguiltyattorneys.com/belfast-maine-criminal-attorneys/ The impact of criminal charges on your life in Belfast, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Belfast, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Belfast, MaineIn Belfast, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Kennebunkport Maine Criminal Attorneys > Our Kennebunkport criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-14 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/kennebunkport-maine-criminal-attorneys/ The impact of criminal charges on your life in Kennebunkport, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Kennebunkport, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Kennebunkport, MaineIn Kennebunkport, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Orono Maine Criminal Attorneys > Our Orono criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-14 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/orono-maine-criminal-attorneys/ The impact of criminal charges on your life in Orono, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Orono, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Orono, MaineIn Orono, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Farmington Maine Criminal Attorneys > Our Farmington criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-13 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/farmington-maine-criminal-attorneys/ The impact of criminal charges on your life in Farmington, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Farmington, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Farmington, MaineIn Farmington, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Ogunquit Maine Criminal Attorneys > Our Ogunquit criminal law team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending criminal cases. - Published: 2021-01-13 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/ogunquit-maine-criminal-attorneys/ The impact of criminal charges on your life in Ogunquit, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Ogunquit, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Ogunquit, MaineIn Ogunquit, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### Auburn Maine Criminal Defense Attorneys > Our Auburn defense lawyers at The Maine Criminal Defense Group has over 80 years of experience defending criminal charges in Maine. Call us. - Published: 2021-01-13 - Modified: 2025-06-10 - URL: https://www.notguiltyattorneys.com/auburn-maine-criminal-attorneys/ Criminal charges in Auburn, Maine can have life-altering consequences. The Maine Criminal Defense Group provides skilled, strategic defense to protect your rights, reduce charges, and help you move forward with confidence. At The Maine Criminal Defense Group in Auburn, Maine our criminal defense attorneys are dedicated to helping individuals navigate the complexities of Maine’s criminal justice system with confidence and clarity. Led by founding attorney William Bly, our team brings over 80 years of combined legal experience, defending clients against a wide range of charges—from misdemeanors to serious felonies. We represent clients facing charges such as drug offenses (including trafficking and possession), OUI/DUI, domestic violence, sex crimes, assault, theft, and firearms violations. No matter the accusation, we approach every case with a strategic and personalized defense designed to protect your rights and secure the best possible outcome. Whether you're under investigation or have already been arrested, our attorneys are prepared to fight for your future. We proudly serve clients in Auburn and throughout Androscoggin County, delivering trusted, results-driven advocacy when it matters most. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Auburn, Maine In Auburn, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties... --- ### Sanford Maine Criminal Defense Attorneys > Our Sanford criminal law team at The Maine Criminal Defense Group has over 80 years of experience in successfully defending criminal cases. - Published: 2021-01-13 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/sanford-maine-criminal-attorneys/ The impact of criminal charges on your life in Sanford, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Sanford, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup Criminal Law Articles Criminal Classifications In Sanford, MaineIn Sanford, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential... --- ### York, ME OUI Lawyers > Our York OUI defense team at The Maine Criminal Defense Group has over 80 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/york-maine-oui-attorney/ OUI laws in York, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in York, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in York bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the York court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In York, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in York, Maine Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI Penalties A “first offense” means that you do not have any prior OUI convictions in any state within the... --- ### Yarmouth Maine OUI Defense Attorneys > Our Yarmouth OUI defense team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/yarmouth-maine-oui-attorney/ OUI laws in Yarmouth, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Yarmouth, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Yarmouth bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Yarmouth court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Yarmouth, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Yarmouth, MaineYarmouth is a small town in Cumberland County, Maine, with a population of 8,349 during the 2010 census. Located along the Maine coast about a dozen miles north of the city of Portland on the Royal River, the town of Yarmouth lies between Freeport and Falmouth along both Route 1 and highway I-295. Yarmouth is home to the Yarmouth Clam Festival, a three-day event held on the third weekend in July. A town central to Cumberland County, the most wealthy county in Maine, Yarmouth is one of the most affluent towns in the state. While the Maine’s median per capita income in 2013 was $26,630, the town of Yarmouth’s median was $38,452. Like other towns in Cumberland County, Yarmouth’s police force is... --- ### Wiscasset Maine OUI Defense Attorneys > Our Wiscasset OUI defense team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/wiscasset-maine-oui-attorney/ OUI laws in Wiscasset, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Wiscasset, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Wiscasset bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Wiscasset court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Wiscasset, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Wiscasset, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Windham Maine OUI Defense Attorneys > Our Windham OUI defense team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/windham-maine-oui-attorney/ OUI laws in Windham, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Windham, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Windham bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Windham court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Portland, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Windham, MaineWindham is a large town in Cumberland County, Maine. Located just to the northwest of Portland, and including both South and North Windham, the town had a population of 17,001 during the 2010 census. Its close proximity to Portland has given Windham a suburban feel, and ballooned its population since World War II, with every decade seeing a double-digit increase in Windham’s population. As a suburb, Windham’s residents are relatively affluent for the state of Maine. While the median household income for Maine residents is only $46,974, Windham’s is $57,862, putting the town well above the state average. Also typical of a Maine suburb, Windham’s crime rates are very low, with property crimes significantly below the national average, and violent crimes nearly... --- ### West Bath Maine OUI Defense Attorneys > Our West Bath OUI defense team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/west-bath-maine-oui-attorney/ OUI laws in West Bath, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in West Bath, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in West Bath bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the West Bath court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In West Bath, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in West Bath, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in... --- ### Wells Maine OUI Defense Attorneys > Our Wells OUI defense team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/wells-maine-oui-attorney/ OUI laws in Wells, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Wells, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Wells bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Wells court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Wells, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Wells, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. Wells, MaineWells is a town on the coast of southern Maine, near the border of New Hampshire. While its population was 9,589... --- ### Springvale Maine OUI Defense Attorneys > Our Springvale OUI law firm at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/springvale-maine-oui-attorney/ OUI laws in Springvale, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Springvale, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Springvale bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Springvale court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Springvale, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Springvale, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Skowhegan Maine OUI Defense Attorneys > Our Skowhegan OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/skowhegan-maine-oui-attorney/ OUI laws in Skowhegan, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Skowhegan, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Skowhegan bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Skowhegan court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Skowhegan, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Skowhegan, MaineSkowhegan is one of Maine’s larger inland communities, with a population of 8,589 during the 2010 census. The county seat of Somerset County, Skowhegan is located west of Bangor, and north of Augusta, just off of I95. The town is host to the oldest continuously running state fair in the country. Figures show that Skowhegan is one of Maine’s less affluent communities, and also indicate that it is in decline. While the average median household income for the state of Maine was $46,974 in 2013, in Skowhegan it was $29,024. This number was only a marginal improvement over its 2000 median household income in Skowhegan, showing that the town was losing ground. Crime stats show that Skowhegan is one of the least... --- ### Searsport Maine OUI Defense Attorneys > Our Searsport OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-16 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/searsport-maine-oui-attorney/ OUI laws in Searsport, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Searsport, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Searsport bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Searsport court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Searsport, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Searsport, MaineSearsport is a small town located along the coastline of central Maine, just south of Bangor. With a population of 2,615 in the 2010 census, Searsport is one of the many small, quaint towns lining Maine’s gorgeous rocky coastline. Searsport has a long and rich history as a maritime center, going as far back as the 18th century. Home to the second-deepest port in the entire northeast, behind only eastern Maine’s Eastport, Searsport was a ship-building hub in the 1800s, with no fewer than 17 shipyards calling its port home. During this time, Searsport was also the source of 10% of the country’s deep water shipping captains, despite its small population. While this reputation has slipped in recent decades into the renowned... --- ### Scarborough, ME OUI Lawyers > Scarborough OUI attorneys at The Maine Criminal Defense Group have the skills to successfully defend your DUI & protect your rights. Call us. - Published: 2020-11-16 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/scarborough-maine-oui-attorney/ OUI laws in Scarborough, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Scarborough, ME Defending against OUI Charges in Southern Maine Facing Operating Under the Influence (OUI) charges in Scarborough, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Scarborough bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Scarborough court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Scarborough, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10 years. Maine imposes the following set of mandatory minimum criminal penalties for a first offense OUI conviction:$500 fine150-day driver’s license suspensionMisdemeanor on your permanent recordScarborough judges frequently exceed these minimum penalties and hand down harsher punishments. It’s important to bear in mind that even for a first conviction, Maine OUI laws allow for a maximum penalty of 364 days in jail. Penalties for second and subsequent OUI offenses carry harsher minimum and maximum penalties. BMV OUI PenaltiesThe BMV in Scarborough doesn’t wait for a conviction before suspending your driver’s... --- ### Millinocket Maine OUI Defense Attorneys > Our Millinocket OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-13 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/millinocket-maine-oui-attorney/ OUI laws in Millinocket, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Millinocket, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Millinocket bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Millinocket court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Millinocket, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Millinocket, MaineMillinocket is a town in Penobscot County, Maine. With a population of 4,506 at the 2010 census, it’s one of the largest settlements in the northern, inland part of the state of Maine. Like many others in Maine, the town of Millinocket grew around its paper mills, which employed many if not most of the people in the area. However, in 2003, the mills went bankrupt and laid off nearly all of their workers. Since then, Millinocket has struggled to reshape its identity and economy. Service and tourism jobs have become prominent, as the town lies near both Maine’s tallest mountain, Katahdin, and largest lake, Moosehead Lake. The loss of the paper mills reflects itself in stats that show that Millinocket’s 2010... --- ### Madawaska Maine OUI Defense Attorneys > Our Madawaska OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-13 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/madawaska-maine-oui-attorney/ OUI laws in Madawaska, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Madawaska, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Madawaska bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Madawaska court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Madawaska, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Madawaska, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Kittery, ME OUI Lawyers > Scarborough OUI attorneys at The Maine Criminal Defense Group have the skills to successfully defend your DUI & protect your rights. Call us. - Published: 2020-11-12 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/kittery-maine-oui-attorney/ OUI laws in Kittery, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Kittery, ME Defending against OUI offenses in Southern Maine If you’ve been charged with Operating Under the Influence (OUI) in Kittery, Maine, the stakes are high. A conviction can lead to steep fines, license suspension, increased insurance rates, and even jail time. Maine has strict OUI laws, and prosecutors aggressively pursue these cases, making it critical to have a strong legal defense from the start. At The Maine Criminal Defense Group, our skilled OUI defense lawyers in Kittery understand the complexities of Maine’s impaired driving laws and the nuances of local courts. We fight to challenge evidence, question the legality of the traffic stop, and explore every possible defense strategy to protect your rights and your future. If you are facing OUI charges in Kittery, don’t navigate the legal system alone. Contact The Maine Criminal Defense Group today to discuss your case and begin building a strong defense. Common Concerns About OUI Charges In Kittery, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Kittery, MaineUnder Maine’s OUI laws, it is illegal to operate a vehicle while under the influence of alcohol or any other intoxicating substance. Most drivers are aware that the legal limit for Blood Alcohol Concentration (BAC) is 0. 08%, but what many don’t realize is that you can still be arrested and charged with OUI in... --- ### Kennebunkport Maine OUI Defense Attorneys > Our Kennebunkport OUI team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine DUI cases. - Published: 2020-11-12 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/kennebunkport-maine-oui-attorney/ OUI laws in Kennebunkport, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Kennebunkport, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Kennebunkport bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Kennebunkport court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Kennebunkport, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Kennebunkport, MaineKennebunkport is a town of 3,474, as of the 2010 census, in York County, Maine. While it was once a fishing town, Kennebunkport has evolved into a summer tourist community for the wealthiest people in Maine and the surrounding area. As a result, Kennebunkport is home to some of Maine’s largest and most extravagant houses, and boasts a downtown with chic stores, souvenir and art galleries, and expensive seafood restaurants. Kennebunkport is also the summer home of former U. S. President George H. W. Bush. As an upper class summer resort, Kennebunkport is one of Maine’s wealthiest communities. While the state of Maine’s median household income was $46,974, the town of Kennebunkport’s was $77,716. Additionally, Kennebunkport’s residents are much older than is... --- ### Falmouth Maine OUI Defense Attorneys > Our Falmouth OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/falmouth-maine-oui-attorney/ OUI laws in Falmouth, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Falmouth, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Falmouth bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Falmouth court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Falmouth, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Falmouth, MaineFalmouth is a small city in Cumberland County, Maine. Falmouth borders Falmouth on the north, and runs from the coast of Maine inland, past I-95, all the way to Highland Lake. With a population of 11,185 during the 2010 census, Falmouth’s beautiful location and close proximity to Falmouth has made it one of the largest and most affluent areas in Maine since the 1950s. Before World War II, Falmouth was a rural area. However, its population exploded following the War, when Falmouth residents and Navy personnel from the Casco Bay base moved out of the city and into the suburbs. In large part because of its affluence, the suburb of Falmouth is now home to one of the most prestigious educational systems... --- ### Eliot, ME OUI Lawyers > Our Eliot OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/eliot-maine-oui-attorney/ OUI laws in Eliot, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Eliot, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Eliot bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Eliot court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Eliot, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Eliot, Maine Eliot is a large town in York County, Maine. Just north of Kittery, Eliot lies on the New Hampshire border, just across the Piscataqua River from Dover and Portsmouth. Like many towns surrounding metropolitan areas, Eliot saw its population explode in the years following the Second World War, as more and more people moved into the suburbs and commuted to work in the nearby cities. The 2010 census found that there were 6,204 people living in Eliot. As a suburb, it shouldn’t be surprising that statistics show that Eliot is one of the more affluent towns in the state of Maine. With a median household income of $66,737, Eliot is well above the state average of $46,974. When a town has... --- ### Dover-Foxcroft Maine OUI Defense Attorneys > Our Dover-Foxcroft OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/dover-foxcroft-maine-oui-attorney/ OUI laws in Dover-Foxcroft, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Dover-Foxcroft, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Dover-Foxcroft bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Dover-Foxcroft court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Dover-Foxcroft, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Dover-Foxcroft, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Damariscotta Maine OUI Defense Attorneys > Our Damariscotta OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/damariscotta-maine-oui-attorney/ OUI laws in Damariscotta, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Damariscotta, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Damariscotta bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Damariscotta court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Damariscotta, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Damariscotta, MaineDamariscotta is a small resort town near the coast of Maine. Located in Lincoln County, Damariscotta has a population of 2,218 during the 2010 census. Damariscotta is one half of the “Twin Villages” – the other half, Newcastle, sits on the opposite side of the Damariscotta River, and is linked to Damariscotta by the Main Street Bridge. In this way, Damariscotta and Newcastle are paired like several other towns in Maine, like Biddeford and Saco. Damariscotta is known for its historical setting, and it’s small town charm that gives it a classical taste of New England. As is typical for a resort town, the typical age of a Damariscotta resident is above the state average, even in an older state like Maine.... --- ### Carrabassett Valley Maine OUI Defense Attorneys > Our Carrabassett Valley OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/carrabassett-valley-maine-oui-attorney/ OUI laws in Carrabassett Valley, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Carrabassett Valley, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Carrabassett Valley bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Carrabassett Valley court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Carrabassett Valley, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Carrabbassett Valley, MaineCarrabassett Valley is a small town in Franklin County, Maine, with a population of 761 during the 2010 census. Located near the western border with New Hampshire and well enough inland to be within striking distance of Canada, Carrabassett Valley is a winter tourist destination, boasting some of the most popular skiing in northern New England. The town is home to the Sugarloaf ski resort, the second largest ski area east of the Mississippi River by area, with 54 miles of marked trails. Carrabassett Valley is also home to the Carrabassett Valley Academy, a private school for middle and high school students that offers both academic classes and advanced skiing and snowboarding lessons. The Academy has... --- ### Cape Elizabeth Maine OUI Defense Attorneys > The Cape Elizabeth OUI lawyers at The Maine Criminal Defense Group has decades of experience in defending Maine drunk driving cases. - Published: 2020-11-12 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/cape-elizabeth-maine-oui-attorney/ OUI laws in Cape Elizabeth, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Cape Elizabeth, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Cape Elizabeth bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Cape Elizabeth court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Cape Elizabeth, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Cape Elizabeth, MaineCape Elizabeth is a town in Cumberland County, Maine. With a population of 9,015 in the 2010 census, Cape Elizabeth is a wealthy suburb of Maine’s largest city, Portland, sharing its northern border with South Portland. The town is the site of one of the most iconic lighthouses in the world, the Portland Head Light, which is also Maine’s oldest lighthouse, built in 1791. The Head Light is located in the northeastern section of Cape Elizabeth, across the Danforth Cove from Cushing Island, inside the area that used to be Fort Williams. Demographic figures show that the town of Cape Elizabeth is easily one of the wealthiest areas of Maine, with a 2013 median household income... --- ### Camden Maine OUI Defense Attorneys > Our Camden OUI defense team at The Maine Criminal Defense Group has decades of experience defending Maine drunk driving cases. - Published: 2020-11-12 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/camden-maine-oui-attorney/ OUI laws in Camden, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Camden, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Camden bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Camden court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Camden, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Camden, MaineCamden is a resort town along the Maine coast in Knox County. Located about halfway between where the coast of Maine meets New Hampshire and where it meets Canada, near the towns of Belfast and Rockland Camden is a summer colony of out-of-staters. As a result, its population of 4,850 during the 2010 census is likely misleading. Camden’s status as a summer resort is likely cemented by the activity of the Camden Yacht Club, whose members take full advantage of the gorgeous Camden Harbor. As could be expected from a Maine resort town, the affluence of Camden’s residents is above the state’s average, boasting a median household income of $51,099, which is above the state’s median of $46,974. Also unsurprising is Camden’s... --- ### Bridgton Maine OUI Defense Attorneys > Our Bridgton OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/bridgton-maine-oui-attorney/ OUI laws in Bridgton, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Bridgton, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Bridgton bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Bridgton court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Bridgton, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Bridgton, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Boothbay Harbor Maine OUI Defense Attorneys > Our Boothbay Harbor OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/boothbay-harbor-maine-oui-attorney/ OUI laws in Boothbay Harbor, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Boothbay Harbor, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Boothbay Harbor bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Boothbay Harbor court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Boothbay Harbor, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Boothbay Harbor, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in... --- ### Bethel Maine OUI Defense Attorneys > Our Bethel OUI / DUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/bethel-maine-oui-attorney/ OUI laws in Bethel, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Bethel, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Bethel bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Bethel court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Bethel, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Bethel, MaineBethel, Maine is a town in Oxford County, near the western border of the state and located on Route 2, about midway between the coast and Canada. The town had a population of 2,607 during the 2010 census. The area is known for its ski resort and the secluded, historic charm that makes it a quintessential New England town. As a town in inland Maine, Bethel’s median household income is misleadingly low, due to the lower costs of living away from the tourism of the coast and the bustle of the state’s cities. As a result, while the state’s median household income – a good indication of the affluence of the area’s citizens – is $46,974, Bethel’s is a mere $39,866. The... --- ### Belfast Maine OUI Defense Attorneys > Our Belfast OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-12 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/belfast-maine-oui-attorney/ The impact of criminal charges on your life in Belfast, Maine underscores the crucial role of The Maine Criminal Defense Group's tenacious and highly skilled criminal defense lawyers, dedicated to navigating complexities, minimizing charges, and facilitating the path to reclaiming control over your life. Our criminal defense attorneys, based in Belfast, Maine, are resolute in guiding you through the formidable terrain of the criminal justice system. Led by William Bly, our team boasts 50+ years of combined legal experience, adeptly handling cases spanning misdemeanors to complex felonies. We defend a diverse litany of criminal charges, including drug-related crimes (trafficking, possession, & production), sex crimes, domestic violence & assault, drunk driving charges, weapon charges, and more. In the face of legal challenges, our approach at "The Maine Criminal Defense Group" is both strategic and thorough. Our goal is to secure the best possible outcome, facilitating your journey to regain control of your life. Eager to discuss your case and explore available options, our unwavering advocacy extends throughout Maine, fiercely defending your rights. Have You Been Wrongly Accused of a Crime? https://www. youtube. com/watch? v=pdVMQtjZb7o&ab_channel=TheMaineCriminalDefenseGroup OUI Articles Criminal Classifications In Belfast, MaineIn Belfast, Maine there are a potential of 5 different categories for criminal charges & misdemeanors. These categories are broken down into the following offense: A, B, C, D, E, and F Class. They are classified starting with Class A being the most serious with the steepest penalties, while a class E charge will have lighter penalties with the potential of... --- ### Bath, ME OUI Lawyers > Our Bath OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending drunk driving charges. - Published: 2020-11-12 - Modified: 2025-05-26 - URL: https://www.notguiltyattorneys.com/bath-maine-oui-attorney/ OUI laws in Bath, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Bath, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Bath bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Bath court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Bath, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Penalties in Bath, Maine Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI Penalties A “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Bar Harbor, ME OUI Lawyers > Bar Harbor OUI attorneys at The Maine Criminal Defense Group have the skills to successfully defend your DUI case & protect your rights. - Published: 2020-11-12 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/bar-harbor-maine-oui-attorney/ OUI laws in Bar Harbor, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Bar Harbor, ME Defending against OUI/DUI charges in Southern Maine If you have been charged with Operating Under the Influence (OUI) in Bar Harbor, Maine, you are facing serious legal and personal consequences. A conviction could mean hefty fines, license suspension, increased insurance rates, and even jail time. Law enforcement in Hancock County takes OUI offenses seriously, and without a strong defense, you risk a lasting criminal record that could impact your future. At The Maine Criminal Defense Group, our experienced OUI defense attorneys in Bar Harbor are dedicated to protecting your rights and fighting for the best possible outcome in your case. We understand the complexities of Maine’s OUI laws and the nuances of the local court system. Our team will scrutinize every aspect of your arrest, from the traffic stop to the breathalyzer or blood test results, to uncover potential weaknesses in the prosecution’s case. With a deep knowledge of Maine’s OUI laws and a strategic defense approach, we work to challenge the charges against you and minimize the penalties you face. If you have been arrested for OUI in Bar Harbor, don’t face the legal system alone—let our skilled defense team fight for your future. Common Concerns About OUI Charges In Bar Harbor, Maine https://www. youtube. com/embed/JL9P0LrzuloOUI Penatlies in Bar Harbor, MaineUnder Maine OUI laws, you... --- ### Brunswick, ME OUI Lawyers > Brunswick OUI lawyers at The Maine Criminal Defense Group have the skills to defend your DUI offense. Call us to defend your rights & future. - Published: 2020-11-12 - Modified: 2025-06-11 - URL: https://www.notguiltyattorneys.com/brunswick-maine-oui-attorney/ OUI laws in Brunswick, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI/DUI Lawyers in Brunswick, ME Defending against OUI charges in Southern Maine Facing Operating Under the Influence (OUI) charges in Brunswick, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Brunswick bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Brunswick court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Brunswick, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI/DUI Penalties in BrunswickUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have... --- ### Waterville Maine OUI Defense Attorneys > The OUI defense team in Waterville at The Maine Criminal Defense Group has over 50 years of experience successfully defending OUI cases. - Published: 2020-11-10 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/waterville-maine-oui-attorney/ OUI laws in Waterville, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Waterville, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Waterville bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Waterville court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Waterville, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Waterville, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit is . 08 percent Blood Alcohol Concentration (BAC). In Maine, you can be arrested and charged with an OUI even if you are within the legal limit. If a law enforcement officer suspects you of operating a vehicle in an impaired way, you will be arrested and asked to submit to certain tests. Review the potential penalties for operating under the influence charges in Maine. First OUI PenaltiesA “first offense” means that you do not have any prior OUI convictions in any state within the preceding 10... --- ### Cumberland, ME OUI Lawyers > Our Cumberland OUI defense team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine DUI cases. - Published: 2020-11-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/cumberland-maine-oui-attorney/ OUI laws in Cumberland, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Cumberland, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Cumberland bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Cumberland court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Cumberland, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Cumberland, Maine Cumberland is a small town in Cumberland County, Maine, with a population of 7,211 as of 2010. Stretching from the coast inland to nearly I-95, Cumberland is only about a dozen miles north of the city of Portland. The town has a long history as a farming community, but has more than quadrupled in size since 1940, as it’s become an affluent suburb of Portland. Nevertheless, the farming influence has lingered in the annual Cumberland Fair, which has taken place in late September since 1868. The town of Cumberland is one of the most affluent in Maine, and the county of Cumberland is the most affluent in the state. While the state of Maine’s per capita income is $25,385, the town... --- ### Westbrook Maine OUI Defense Attorneys > Our Westbrook OUI defense team at The Maine Criminal Defense Group has over 50 years of experience in successfully defending Maine OUI cases. - Published: 2020-11-10 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/westbrook-maine-oui-attorney/ OUI laws in Westbrook, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in Westbrook, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Westbrook bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Westbrook court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In Westbrook, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles Westbrook, MaineWestbrook is a city of 17,494, just to the west of Portland, Maine, in Cumberland County. Now a suburb of Portland, the town grew around the S. D. Warren Paper Mill, located on the Presumpscot River. The mill, built in the 1730s, was once the largest paper mill in the world, soon after the Civil War, and employed over 3,000 people in the 20th Century, when it represented more than half of Westbrook’s tax base. However, in 1995, a South African paper company, Sappi Limited, bought the mill and outsourced nearly all of its work, leaving this integral piece of Westbrook a fraction of what it once was. While the loss of the mill crippled Westbrook for a time, it has since... --- ### Auburn, ME OUI Lawyers > Auburn OUI lawyers at The Maine Criminal Defense Group have the skills & experience to defend your DUI offense in Southern Maine. Call now. - Published: 2020-11-10 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/auburn-maine-oui-attorney/ OUI laws in Auburn, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Auburn, Maine Defending against OUI offenses in Southern Maine Facing Operating Under the Influence (OUI) charges in Auburn, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in Auburn bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the Auburn court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Being charged with Operating Under the Influence (OUI) in Auburn, Maine, can have serious and lasting consequences. Law enforcement aggressively pursues OUI cases, and a conviction can result in steep fines, license suspension, and even jail time. The strength of your defense can make all the difference in protecting your future. At The Maine Criminal Defense Group, our experienced OUI lawyers in Auburn understand Maine’s OUI laws and the local court system. We build strategic defenses to challenge the charges against you, working to minimize penalties and safeguard your rights. Concerns Regarding OUI Charges In Auburn, Maine https://www. youtube. com/embed/JL9P0LrzuloOUI Penatlies in Auburn, MaineUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most... --- ### Kennebunk, ME OUI Lawyers > The Maine Criminal Defense Group OUI lawyers in Kennebunk has the experience and skills to successfully defend your DUI case in Maine. - Published: 2020-11-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/kennebunk-maine-oui-attorney/ OUI laws in Kennebunk, Maine, are strict, and law enforcement aggressively pursues impaired driving charges, making experienced legal defense essential. OUI Lawyers in Kennebunk, ME Defending against DUI offenses in Southern Maine If you’ve been arrested for an OUI (Operating Under the Influence) or DUI in Kennebunk, Maine, you’re likely facing serious penalties—license suspension, heavy fines, and even jail time. Local prosecutors take these cases seriously, and so should you. At The Maine Criminal Defense Group, our Kennebunk-based OUI defense attorneys have a proven track record of protecting clients charged with drunk or drugged driving offenses across southern Maine. We understand Maine’s complex OUI laws and know how to challenge flawed sobriety tests, questionable stops, and unreliable chemical evidence. Whether you were pulled over somewhere in York County or charged after a local DUI checkpoint, we’re here to fight for your rights and protect your future. Concerns About OUI Charges In Kennebunk, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in Kennebunk, MaineMaine enforces tough penalties for OUI/DUI offenses—even for first-time offenders. While many drivers associate a conviction with a blood alcohol content (BAC) of 0. 08% or higher, the reality is that you can be charged with OUI in Kennebunk if law enforcement believes your driving ability was impaired by alcohol, drugs, or a combination—even if your BAC is below the legal limit. A conviction for OUI in Maine can lead to:Expensive fines and court feesA suspended driver’s licenseMandatory alcohol or drug education programsPotential jail time—even for a first... --- ### South Portland Maine OUI Defense Attorneys > Our South Portland OUI team at The Maine Criminal Defense Group has decades of experience in successfully defending Maine OUI cases. - Published: 2020-11-10 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/south-portland-maine-oui-attorney/ OUI laws in South Portland, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. Facing Operating Under the Influence (OUI) charges in South Portland, Maine demands a robust defense, as the consequences are severe. Law enforcement is unforgiving, and the distinction between a lasting criminal record and potential jail time hinges on the strength of your defense. At The Maine Criminal Defense Group, our steadfast OUI defense lawyers in South Portland bring tenacity and a deep understanding of Maine's OUI laws. We navigate the complexities of the South Portland court system, offering a formidable defense to mitigate the serious repercussions of an OUI conviction. Common Concerns About OUI Charges In South Portland, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles South Portland, MaineMost, if not all, South Portland PD cruisers are equipped with video camera systems. Video footage of a DUI arrest can prove extremely helpful to a skilled DUI defense attorney. Make sure your attorney understands the proper procedures and channels for obtaining the cruiser video footage. Failure to follow certain guidelines may result in the loss of that video when you need it most... for the defense of your case. In addition, South Portland Police Department’s booking and Intoxilyzer areas are wired for video and sound. The same principals concerning the preservation of cruiser video evidence applies here as well. If you have been arrested and charged for DUI, contact our highly skilled and respected South... --- ### Bangor, ME OUI Lawyers > Bangor OUI defense attorneys at The Maine Criminal Defense Group have the skills to defend your DUI charges and protect your rights. Call us. - Published: 2020-11-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/bangor-maine-oui-attorney/ OUI laws in Bangor, Maine are severe, and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Bangor, ME Defending against OUI charges in Southern Maine If you’ve been charged with Operating Under the Influence (OUI) in Bangor, Maine, the stakes are high. A conviction can result in steep fines, license suspension, increased insurance rates, and even jail time. Maine law enforcement aggressively prosecutes OUI offenses, and without a strong legal defense, you risk severe and lasting consequences. At The Maine Criminal Defense Group, we understand the complexities of Maine’s OUI laws and the unique challenges of the Bangor court system. Our experienced Bangor OUI defense lawyers are dedicated to protecting your rights, scrutinizing the prosecution’s evidence, and building a strategic defense tailored to your case. Whether challenging breathalyzer results, field sobriety tests, or police procedures, we fight to reduce or dismiss your charges whenever possible. If you are facing an OUI charge in Bangor, ME, you need aggressive and experienced legal representation on your side. Contact The Maine Criminal Defense Group today for a confidential consultation and take the first step in defending your future. Common Concerns About OUI Charges In Bangor, Maine https://www. youtube. com/embed/JL9P0Lrzulo OUI Penatlies in Bangor, Maine Under Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this and many also understand that the legal limit is . 08... --- ### Biddeford, ME OUI Lawyers > Biddeford OUI lawyers at The Maine Criminal Defense Group have the experience to defend your DUI offense. Call us to defend your rights. - Published: 2020-11-10 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/biddeford-maine-oui-attorney/ OUI laws in Biddeford, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Biddeford, ME Defending against OUI/DUI charges in Southern Maine Facing Operating Under the Influence (OUI) charges in Biddeford, Maine, requires a robust defense due to the severe consequences involved. Law enforcement agencies in Biddeford are stringent, and the quality of your defense can significantly impact the outcome of your case. At The Maine Criminal Defense Group, our dedicated OUI defense attorneys in Biddeford possess an in-depth understanding of Maine's OUI laws and the local court system. We are committed to providing a strong defense to help mitigate the serious repercussions of an OUI conviction. Our legal team offers professional and aggressive criminal defense representation, focusing on protecting your rights and securing your future. We are results-driven, working diligently to achieve the best possible outcome for each client. If you are facing OUI charges in Biddeford, Maine, don't navigate the legal system alone. Contact The Maine Criminal Defense Group today to schedule a consultation with our experienced OUI defense lawyers. We are here to protect your rights and guide you through this challenging time. Common Concerns About OUI Charges In Biddeford https://www. youtube. com/embed/JL9P0Lrzulo OUI Articles OUI Penalties in BiddefordUnder Maine OUI laws, you are not allowed to operate a vehicle under the influence of alcohol or another intoxicant. Most drivers know this, and many also understand that the legal limit... --- ### Lewiston, ME OUI Lawyers > Facing an OUI in Lewiston? Our defense team has 50+ years of experience fighting Maine DUI charges. Call us to protect your rights. - Published: 2020-11-10 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/lewiston-maine-oui-attorney/ OUI laws in Lewiston, Maine are severe and you can expect no help from law enforcement if you are stopped on suspicion of drunk or impaired driving. OUI Lawyers in Lewiston, ME Defending against OUI offenses in Southern Maine If you’ve been arrested or charged with Operating Under the Influence (OUI) in Lewiston, Maine, you’re likely facing a confusing, high-stress situation—and the legal consequences can be severe. A conviction for OUI in Maine can result in hefty fines, loss of your driver’s license, increased insurance rates, and even jail time, especially if this is not your first offense. The stakes are high, and you need an experienced defense team that knows how to protect your rights. At The Maine Criminal Defense Group, our dedicated Lewiston OUI lawyers have extensive experience defending clients against drunk driving and drug-impaired driving charges throughout Androscoggin County. We understand how OUI arrests happen in Lewiston—from local sobriety checkpoints to traffic stops on Route 196 or I-95—and we know how to challenge field sobriety tests, breathalyzer results, and police procedure errors that could impact the outcome of your case. Maine’s OUI laws are strict and technical, and navigating the Lewiston District Court system without skilled legal representation can put your freedom and future at risk. Our legal team is led by attorneys with a deep understanding of Maine’s criminal code, court procedures, and prosecutorial strategies. We build personalized, strategic defenses aimed at reducing or even dismissing your charges whenever possible. Common Concerns About OUI Charges In... --- ### Kaitlyn Mathieu - Published: 2020-07-20 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/profiles/kaitlyn-mathieu/ Kaitlyn Mathieu, Legal Assistant Kaitlyn Mathieu joined the MCDG team in 2020. She is a graduate of the College of William & Mary with a B. S. in Kinesiology. During her time at William & Mary, she starred as a varsity basketball player for the Griffins, earning a full scholarship for the women’s D1 program. Following graduation, she played professional basketball overseas for four years, playing for teams in Germany, Denmark, Macedonia, Luxembourg, and Bulgaria. After her four years of professional basketball, she came back to Maine, working as an assistant clerk in the adult and juvenile criminal dockets for both York and Cumberland Counties. Her extensive experience in the Maine court system is an invaluable asset for our clients. --- ### Maine OUI/DUI Lawyers > Charged with an OUI/DUI in Maine? Our skilled DUI lawyers provide aggressive, experienced representation to protect your rights. Call us now. - Published: 2020-04-27 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/maine-oui-dui-attorney/ Updated: March 2025 In the state of Maine, driving under the influence of alcohol, which is commonly known as DUI or drunk driving in other jurisdictions, is specifically termed Operating Under the Influence (OUI). This offense occurs when an individual operates a motor vehicle with a blood alcohol content (BAC) level of 0.08% or higher. Experienced Maine OUI Lawyers Defending against OUI offenses in Southern Maine If you have been arrested and charged with Operating Under the Influence (OUI) in Maine, you are facing serious legal and personal consequences. A conviction can lead to license suspension, hefty fines, increased insurance rates, and even jail time—all of which can significantly impact your future. Maine enforces strict OUI laws, including a zero-tolerance policy for drivers under 21, meaning even the slightest trace of alcohol can result in an arrest. Beyond legal penalties, a criminal OUI charge can disrupt your daily life, making it difficult to get to work, school, or fulfill personal obligations. At The Maine Criminal Defense Group, we focus on protecting your rights and fighting for the best possible outcome in your case. Whether this is your first offense or you have prior OUI convictions, having an experienced Maine OUI lawyer on your side can make all the difference. Common Concerns About OUI Charges in Maine OUI Resources for Maine OUI Penalties Underage OUI Felony OUI OUI Habitual Offenders Implied Consent Laws OUI Field Sobriety Testing OUI meaning in Maine In Maine, Operating Under the Influence (OUI) is the legal term for impaired driving offenses, encompassing both alcohol and drug-related impairment. While some states use the term DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), Maine law specifically classifies impaired driving as OUI—making no distinction between alcohol, prescription drugs, or illegal substances when it comes to impairment. If you are stopped by law... --- ### Accessibility Notifications - Published: 2019-12-12 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/accessibility/ ADA Accessibility Modifications We are continually improving our online services to better meet the needs of all individuals. Providing a barrier-free environment on our website which is accessible to all users is important to us. To this end, we have updated and tested this website and its elements to be compliant with the Web Content Accessibility Guidelines (WCAG) 2. 0 as accepted and published by the World Wide Web Consortium (W3C). This website has been designed to be viewable and navigable by non-graphical text-only browsers. The coding implemented in the site and its elements are compliant with W3C standards for CSS and HTML. All current web browsers should be capable of displaying the site correctly and our developers strive to use code that will also support future browser requirements as the web continues to evolve. In certain situations, due usually to changes to technology, changes to standards, practical limitations or third-party code, complete accessibility, usability, and compatibility may not be immediately available. To address such potential situations and provide a better user experience, this website is periodically audited for compatibility issues and compliance with current standards and guidelines. When issues are reported and remain outstanding, they will be documented in a changelog for visitors to review. This changelog will include a brief description of the issue, the date it was reported as well as an anticipated resolution timeframe. Minor deficiencies that do not impact navigation or site use but cannot be immediately resolved will be included as a courtesy to... --- ### Careers > We're currently hiring and expanding our amazing legal team at The Maine Criminal Defense Group. Learn more. - Published: 2019-12-11 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/careers/ We're hiring! Please feel free to review the positions that are currently available - William T. Bly --- ### Maine OUI Habitual Offender Defense Attorneys > The penalty for an OUI habitual offender in Maine can vary greatly & will heavily impact your future unless you seek representation. Call us. - Published: 2019-12-10 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/maine-oui-dui-habitual-offenders/ If you are stopped by police in Maine for driving with a blood alcohol concentration (BAC) over the legal limit, you will be arrested for OUI. OUI stands for Operating a Vehicle Under the Influence. OUI is also known as DWI or DUI depending on the region. A habitual offender designation in Maine is based on your driving history, including past criminal OUI convictions. When you are arrested for an OUI, authorities review the last ten years of your record to determine if you have prior offenses. If you have no previous convictions or your last conviction was over ten years ago, you will face a first-offense OUI charge, which carries fewer penalties than repeat offenses. However, multiple OUI convictions can lead to habitual offender status, resulting in harsher consequences, including longer license suspensions and potential jail time. OUI Habitual Offender in Maine Maine has a tough Habitual Offender law. A habitual offender is defined as follows: 3 or more major offenses within a five year period, which includes: OUI conviction Operating after Suspension conviction Operating without a License Driving to Endanger Leaving the Scene of an Accident OUI manslaughter Failure to Report an Accident 10 or more traffic offenses within a five year period Since minimum jail sentences apply to people convicted under Maine's Operating After Habitual Offender law, now is no time to "go it alone" or to satisfy yourself with an inexperienced or mediocre criminal defense attorney. If you have been arrested for this offense, you are facing hard deadlines that you must meet in order to protect yourself. What To expect with an OUI Habitual Offender Charge in Maine The evidence needed for an OUI arrest is very minimal. In order to be charged with OUI in Maine, you need to have a... --- ### Disclaimer - Published: 2019-12-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/disclaimer/ Attorney Advertising This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided. Anti-spam We have a strict policy against spamming. We forbid the sending of unsolicited bulk emails or emails of any kind in connection with the marketing of our websites or attorneys. Our definition of spamming is any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. In addition, we consider it spamming to post ads in newsgroups in violation of the rules of the newsgroup, in posts that are off-topic, or in groups that do not explicitly permit ads. This goes for the placement of ads on message boards, forums and chat rooms against the terms of participation in such sites. If you are "spammed" by anyone regarding our website, services, or any matters relating to... --- ### Reviews - Published: 2019-12-09 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/reviews/ Reviews Our reviews showcase the satisfaction and gratitude of individuals who received exceptional legal representation and support during their time of need. Discover what clients have to say about their experiences with our tenacious legal team. --- ### Top Ten OUI Mistakes in Maine > Common OUI mistakes in Maine. Learn the top errors to avoid during an OUI stop, arrest, or trial to protect your rights and avoid penalties. - Published: 2019-12-03 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/top-ten-dui-mistakes-maine/ Thinking that a drunk driving conviction is no big deal. A criminal conviction is like luggage, it travels with you wherever you go. You cannot get rid of an OUI conviction. You can’t hide it from your employer or spouse. A conviction is a permanent part of your record and driving history and will follow you from state to state if you try to avoid it by applying for a new driver’s license in another state. A conviction will result in increased insurance fees and possible enrollment in an SR-22 program for high-risk motorists. In addition to legal fees, an OUI conviction may include the following additional estimated costs: Attorney fees: $3,000 – $8,500 Car tow costs: $100 Car storage fee per day: $25 – $30 Bail bond fee: $40 – $500 Mandatory minimum fine for a first offense OUI: $500 Fine surcharges: $130 DEEP course fee: $300 Alternative Sentencing Program: $350 Follow up private counseling: $300 – $750 License reinstatement fee: $35 Insurance rate increase of up to 400% per year based on past history or even complete loss of insurance Total estimated costs = $8,500 – $17,500 in miscellaneous fees, fines, attorney fees, and insurance increases during the first year alone! Representing yourself This one may appear to be obvious, but many people think they will save money by pleading guilty or trying to convince the DA to give them a break. There is a reason why lawyers went to law school for three years and then spent... --- ### Maine Theft By Unauthorized Taking or Transfer Defense Attorneys > Facing charges for Theft by Unauthorized Taking in Maine? Our legal experts provide strong defense and guidance. Contact us. - Published: 2019-12-03 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/maine-theft-by-unauthorized-taking-transfer-attorney/ Pretty much everyone has a fairly good idea of what theft is. It's taking something that isn't yours. However, there are lots of different ways that this can happen, from pocketing a stick of gum at the convenience store on Main Street, to embezzling millions of dollars of investments on Wall Street. You say that one is far worse than the other, or that it sure doesn't seem like it's illegal to steal, if you're the Wall Street broker. Both of these issues bring up the fact that theft is surprisingly complex. According to the laws in Maine, theft is “obtaining or exercising unauthorized control over the property of another with intent to deprive the other person of the property. ” While this seems like the legalese way of saying what everyone already knew about theft, the vague words used in Maine's laws open lots of doors, and makes a lot of things fit into the broad category of “theft. ” Out of the numerous ways that theft can happen, theft by unlawful taking or transfer is the most basic. This is what was formerly known in Maine as larceny, or embezzlement. It's a kind of “catch-all” type of theft that includes acts that don't seem to fit in more specific forms of the crime, like petty theft and shoplifting. Penalties for Theft By Unauthorized Taking The criminal penalties for convictions for theft by unlawful taking or transfer depend on the value of the property that was stolen. Class of... --- ### Maine Federal Weapons Charges Defense Attorneys > Facing federal weapons charges in Maine? Call our tenacious attorneys to navigate the complexities of federal law, advocating for your rights. - Published: 2019-12-02 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-federal-weapon-charges-attorney/ Navigating federal weapons charges in the state of Maine requires a strategic and experienced legal approach. At The Maine Criminal Defense Group, we understand the complexities surrounding federal firearms offenses and are dedicated to providing robust defense for individuals facing such charges. Whether you're dealing with allegations related to the possession, use, or trafficking of firearms, our seasoned criminal attorneys possess the expertise needed to navigate the intricacies of federal law. Trust us to vigorously advocate for your rights and craft a tailored defense strategy to secure the best possible outcome in the face of federal weapon charges. Your freedom and future matter, and we're here to guide you through this challenging legal terrain with unwavering commitment and proficiency. Federal Mandatory Minimum Sentences Regarding Firearms In federal court, many criminal charges bring with them mandatory, minimum sentences. That means that the federal judge cannot, under any circumstances, reduce the penalty set by Congress for that specific crime. At least not without a departure recommended by the government, which is commonly referred to as a 5k. 1 letter. 18 U. S. C. 924(c) - Use and Type of Firearms Used Discharging a firearm during the commission of a crime will result in a mandatory sentence enhancement. If a weapon was used in the commission of a crime but was neither brandished or discharged, a mandatory 5-year term of imprisonment will be tacked on and run consecutively to the underlying charge. If a firearm was used during the commission of a crime and was brandished, but not discharged, a 7-year term of imprisonment will be tacked on and run consecutively to the underlying charge. If the weapon was discharged during the commission of the crime, an additional 10-year term of imprisonment will be ordered... --- ### Maine Prescription Fraud Defense Attorneys > Prescription fraud is a felony offense in Maine, and the penalties are up to five years in prison and hefty fines. Contact us for help now! - Published: 2019-12-02 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/maine-prescription-fraud-attorney/ Prescription fraud crimes isa white collar crime that can cover a variety of actions. If you are accused of any other type of practice in order to obtain prescription drugs, you could be arrested for a prescription fraud crime. Many prescription drugs, especially painkillers, are highly addictive. This can lead to people attempting to get large quantities to sell or abuse. In order to stop this from happening, prescription drugs are strictly controlled. Any attempt to get around these controls can lead to a criminal charge. What is prescription fraud in Maine? Maine criminal code Title 17-A defines a prescription drug as any drug that: A. Under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements: (1) "Caution: Federal law prohibits dispensing without prescription. " or (2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian. " B. Is required by an applicable federal or state law or rule to be dispensed on prescription only or is restricted to use by practitioners only. Prescription fraud can be defined as any unlawful acquisition of prescription drugs for profit, personal use and/or recreation—which is usually due to an addiction. This could include any acts such as visiting several doctors to obtain multiple prescriptions, forging a prescription, and/or altering a prescription to increase the quantity. All of these acts are illegal and punishable under the law. Some of the most commonly abused prescription drugs—according to... --- ### Maine Marijuana Cultivation Defense Attorneys > We understand the intricacies of defending against marijuana cultivation charges in Maine & are dedicated to protecting your rights. Call us. - Published: 2019-12-02 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/maine-marijuana-cultivation-attorney/ Drug crimes in Maine are serious crimes that carry hefty penalties. One type of drug crime that is ruled as a felony is the cultivation of marijuana. Growing marijuana is a crime and police looked to crack down on people who are found cultivating drugs. A drug arrest in Maine should not be taken lightly. Some people think that marijuana charges are not serious because it is legal in some states and used for medicinal purposes. This is not true. A conviction for marijuana cultivation can result in years in prison, steep fines and more. In addition, a felony conviction on your record will have a serious impact on your career and educational goals. Arrested for Growing Marijuana in Maine? Before the passage of Maine's Medical Marijuana Act, most of the marijuana used in Maine was produced in Canada, Jamaica and primarily Mexico. Over the past couple of decades, marijuana has become the major drug of abuse that is grown within the United States borders, and the Drug Enforcement Administration created the Domestic Cannabis Eradication/Suppression Program to attempt to halt the spread of cannabis cultivation. Since this program was implemented in Maine in 1989, over 130,000 cannabis plants have been confiscated and over 1,200 people have been arrested over a 10-year period. Drug cultivation is a serious charge and can result in felony charges. Southern Maine, specifically York County, is considered to be the primary cannabis growing area within the state and this area produces "Green Bud" marijuana that sells for $3,000 to $4,000 per pound because of its high quality. The crime of cultivating marijuana is defined in Maine Revised Statute Title §1117 as the intentional growing or cultivating of the cannabis plant. Penalties for Marijuana Cultivation in Maine Drug cultivation charges carry serious... --- ### Maine Drug Possession Defense Attorneys > In Maine, Intentional or knowing possession of a scheduled drug or controlled substance is a crime and can have severe penalties. Call now. - Published: 2019-12-02 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/maine-drug-possession-attorney/ Even though many people think that Maine is too small of a state to have major drug trafficking or substance abuse, Cumberland County has been included as one of the New England High-Intensity Drug Trafficking Areas. The two most serious drug problems in Maine involve marijuana and diverted pharmaceutical drugs, but cocaine and heroin also show up in moderate quantities throughout the state. The drug enforcement agents in Maine are notorious for arrested residents of Maine and other states as well for possession of any amount of illicit drugs. More than 2,000 people were arrested in 2006 in Maine for possession of marijuana and more than 400 of those arrested were juveniles. Drug possession is one of the most popular juvenile offenses committed across the country, and the penalties for this drug crime depend on the classification of the drug and the amount found. Possession of Controlled Substance Charges in Maine In Maine, it's illegal to possess controlled substances. “Controlled substances,” however, are any drugs that the government regulates. This means that it's not just the drugs that are obviously illegal, like cocaine or heroin. Prescription drugs are also “controlled substances” because you need a prescription from a doctor in order to use them lawfully. This wide meaning of what a “controlled substance” is, makes it very easy to illegally possess drugs, without even knowing it. Possession of Marijuana in Maine In Maine, medical marijuana laws offer protection to patients with legitimate medical needs, while recreational use remains popular. Communities like Portland have explored local legalization. Possession without a medical card is illegal, with penalties varying based on the quantity: Less than 2. 5 ounces: A civil offense. More than 2. 5 ounces: A criminal offense with penalties based on the amount. Classes of Controlled Substances in Maine The following drug schedule is taken from the Maine Revised Statutes Title 17-A, Chapter 45,... --- ### Maine Drug Crimes Defense Attorneys > If you have been accused of any type of drug crime in Southern Maine, you need a skilled defense attorney to protect your rights. Call us now. - Published: 2019-12-02 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-drug-crime-attorneys/ Maine’s strict drug laws mean law enforcement actively pursues arrests, often targeting individuals who may be struggling with addiction or difficult circumstances. If you're facing drug charges, you deserve a strong defense to protect your rights and your future. Facing drug charges in Maine is a serious legal matter that can lead to severe consequences, including hefty fines, jail time, and a permanent criminal record that may impact your job, housing, and future opportunities. Whether you have been charged with drug possession, distribution, trafficking, or prescription drug fraud, the prosecution will aggressively seek a conviction, making it critical to have a strong defense. At The Maine Criminal Defense Group, our skilled drug crime defense attorneys have extensive experience navigating Maine’s complex drug laws. We thoroughly examine the details of your case, scrutinize the evidence, and challenge any violations of your constitutional rights. With a strategic and aggressive approach, we fight to reduce charges, dismiss cases, or secure favorable plea agreements, always prioritizing your future and freedom. Drug crime schedules in Maine Maine classifies controlled substances into four schedules (W, X, Y, and Z) based on their potential for abuse, medical use, and danger to public health. The severity of drug charges and penalties depends on which schedule the substance falls under. Here’s a breakdown of each classification: Schedule W Includes the most dangerous and addictive drugs, such as heroin, cocaine, methadone, oxycodone, amphetamines, and hallucinogens like MDMA. Crimes involving Schedule W substances carry the harshest penalties. Schedule X Covers depressants and hallucinogens not listed under Schedule W, such as chlorhexadol, nalorphine, and hashish. While still serious, offenses involving Schedule X drugs may have slightly lesser penalties. Schedule Y Consists of prescription medications like codeine and flurazepam, which are commonly... --- ### Maine Rape Defense Attorneys > Expert defense for rape accusations in Maine. Trust our experienced legal team for aggressive advocacy for your rights. Contact us immediately - Published: 2019-12-02 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-rape-defense-attorney/ Rape is one of the most common forms of sexual assault and can be carried out under a variety of different circumstances. Rape is any act of forcibly engaging in sexual intercourse with someone who is unwilling, verbally objecting, unconscious, or otherwise unable to object. It is one of the most widely unreported types of crime, as many people are too embarrassed or ashamed to talk about the incident. In 1999, the U. S. Bureau of Justice Statistics estimated that 99% of rapists were male, and that 91% of rape victims were female-meaning that the other 9% were men. Now, however, it is assumed that a larger percentage of victims are male, but that these sex crimes are being grossly under-reported. How is rape defined in Maine? Rape can occur between any two genders of people in any combination. The relationship between the two is also not a factor as rape can occur between strangers, relatives, and even spouses. The most important factor for a sexual activity to be considered rape is the lack of consent between individuals. A person does not have to say ‘no’ in order to show lack of consent. In some cases, fear may have prevented them from speaking out, or the effects of drugs or alcohol may have led to unconsciousness. Rape charges must also include some form of penetration. What are the consequences of a rape conviction in Maine? There are several types of rape that can be prosecuted under the law, as rape does not strictly take place between a male aggressor and a female victim. Depending on the circumstances, the penalties will be different and there is no way to know for sure what your sentence will be if you are convicted. Often rape offenses result in... --- ### Maine OUI License Suspensions Attorneys > If your license was suspended in Maine due to an OUI with prior suspended license convictions, you will be facing heavy penalties. Call us! - Published: 2019-12-02 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/maine-oui-license-suspensions-attorneys/ People fear being charged with an OUI for a lot of reasons. For some, losing their ability to drive is a big concern. When you are charged with an OUI in Maine, you may be faced with a suspended license even before your case has gone to trial. In fact, you can still lose your license even if your OUI charges are dropped if you fail to submit for a blood or breath test. If you are arrested and convicted for drunk driving in the state of Maine, your ability to drive will be affected for some time. An OUI (operating under the influence) charge automatically results in a license suspension, and if you are convicted, the penalties and length of your suspension will depend upon the circumstances of the arrest and your driving record. OUI License Suspension Rules in Maine A DUI, also known as a DWI or OUI can lead to many penalties that will hinder the day to day life of those sentenced. One of the potential penalties is license suspension. In the state of Maine, those convicted for their first DUI can face 150 days of a license suspension. When aggravating factors are involved, the time can be increased by 275 days. A second DUI can lead to a 3-year suspension, a third offense and beyond would equal a license suspension of at least 6 years. A suspension removes the right of the individual to drive as well as to register their car or truck. Eventually, as long as the offender complies with all of his or her reinstatement requirements, a license reinstatement will be granted. For those that commit additional crimes after the fact, such as being caught driving on a suspended license, their suspension time period will increase significantly. How Long Will... --- ### Maine BMV OUI Hearing Defense Attorneys > When charged with an OUI in Maine, your license will be suspended by the DMV. It's important to contact an OUI lawyer immediately. - Published: 2019-12-02 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-bmv-oui-hearing-attorney/ One very important piece of Maine OUI information to know is that when you are charged with any type of OUI offense in Maine, your license will be automatically suspended by the Department of Motor Vehicles (DMV). Many people think that they will only receive negative consequences if they are convicted of an OUI, but the BMV will suspend your license if you are even charged with drunk driving. In fact, you only have 10 days from the date of suspension to act in order to stop the suspension of your license. Failure to request a BMV hearing will result in the suspension of your license for the time period indicated on the notice of suspension. Your ability to drive is very important. Most people rely on their cars to get to work, school, health appointments and to run everyday tasks. Many people in Maine live in an area without adequate public transportation and are not very pedestrian-friendly. If your license gets suspended, you will have to rely on other people for rides on a daily basis. This can make it impossible to get to school or work without depending on someone else for your ride. Even if the circumstances surrounding your OUI charge are flimsy and you believe your charges will be dropped, you are still eligible for immediate license suspension from the DMV. What is the purpose of an OUI Hearing with the BMV? The purpose of this hearing is to determine whether there was probable cause to believe you were operating a motor vehicle under the influence of alcohol and whether or not you had a BAC of . 08% or higher. In order to suspend your driver’s license or driving privileges, the State must meet the bare minimum due process standards, which is the purpose of holding a hearing. Limited Time Period There is a limited amount of time in which to file a request... --- ### Maine Juvenile OUI Defense Attorneys > Your child facing a juvenile OUI charge in Maine? Trust our tenacious attorneys to protect your child's future. Get expert legal guidance now. - Published: 2019-12-02 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/maine-juvenile-oui-dui-attorney/ In the state of Maine, it is illegal for a person under the age of 21 to consume alcohol, and those that drink and drive will face very severe penalties. Updated: May 21, 2025 If you are drinking before the age of 21, you could be arrested and charged with operating under the influence (OUI/DUI) if a law enforcement officer stops your car for any reason. Maine follows a “zero tolerance policy” in regard to underage OUI. This means that although the legal blood alcohol content (BAC) for a driver 21 years or older is . 08%, if you are under 21 you will be charged with drunk driving if your BAC is measured and found to be above . 00%. Juvenile OUI charges are not the same as a traffic ticket and can result in suspended license, fines, probation, and more. If you are arrested with a BAC over the legal limit for adults (. 08%) and are under the age of 21, you will be subjected to the penalties of underage OUI and regular OUI charges. Penalties for an Underage Drunk Driving Charge in Maine All varieties of OUI charges in Maine should be taken seriously. An OUI conviction on your record can affect your chances when applying to jobs and educational institutions. You should always try to fight OUI charges. Just because you have been arrested does not mean that you are guilty. The penalties for getting an underage OUI conviction can include: Automatic license suspension of at least 1 year Heavy monetary fines Community service Mandatory attendance of an alcohol education or treatment program Possible jail time Your penalties will also be influenced by additional facts... --- ### Maine OUI Accident Defense Attorneys > Facing an OUI accident charge in Maine? Trust our skilled OUI accident defense attorneys to protect your rights. Contact us today! - Published: 2019-12-02 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-oui-accident-attorney/ Driving while impaired can make it far more challenging to correctly operate a vehicle. Those that have been drinking may be involved in a car accident that causes damage to their property and the property of others. Sometimes those responsible or involved in an accident may be suspected of drinking, whether it is true. Most people are charged with an OUI after being stopped by police or at a roadside checkpoint. Many OUI arrests also occurred after an accident. When police respond to the scene of an accident, they will often evaluate all drivers involved for drug or alcohol impairment. Since there is a high occurrence of accidents among drunk drivers, law enforcement can become overzealous and arrest those that are innocent. Testing done by officers is not error-proof, and being in a stressful situation can make it hard for suspects to pass field sobriety tests. An OUI with an accident is not included in the list of aggravating factors in Maine like it is in some states, however, that does not mean that it will not be considered when determining the extent of a charge. What are the penalties for an OUI Accident in Maine? Each year, alcohol related accidents cost about $37 billion, adding to the importance of law enforcement ending the issue. Property can pertain to the car of another person involved, or even a home when a driver veers off the road and comes crashing through a gate. Damage to property will add complications to an already complex matter, causing those involved to have to deal with both charges and the cost of repairing the property. Depending on insurance coverage, some or all of the cost may be covered. An accident can also lead to a fatality, which can leave those accused facing charges for vehicular manslaughter. When a fatal... --- ### Maine OUI Commercial Driver's License Defense Attorneys > In Maine, if you're operating a vehicle with a CDL and a BAC of .08% or more, you're guilty of a criminal offense known as an OUI. Call now. - Published: 2019-12-02 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-oui-commercial-drivers-license-attorney/ What is a commercial driver's license? Known as a CDL or CPL, this is a type of license which is required in the U.S. when operating a vehicle which weighs more than 26,000 lbs. Bus drivers, truck drivers, and other commercial drivers all hold this license and without it they would not be able to carry out their job. This regulation began in 1986 when the Commercial Motor Vehicle Safety Act was signed into law. The goal of this act was not only to regulate how can drive these vehicles, but to ensure the safety of both drivers and everyone else on the road. In order to receive a CDL, there are certain requirements which must first be met. Commercial drivers are trusted with a big responsibility. According to the Federal Motor Carrier Safety Administration, when a commercial driver is found to be misusing alcohol, they must immediately cease from duties which are safety-sensitive, and they will have to meet with a substance abuse profession. Basically, even the smallest amount of alcohol in your system can lead to you being unable to work, often without pay. In some cases, you may even lose your job and your career. OUI Commercial Driver's License Laws in Maine If you are a commercial driver who is arrested for an OUI, you will face a number of penalties that could greatly affect your life and your career. The legal blood alcohol concentration limit for drivers over 21 in Maine is . 08%. However, if you have a commercial license (CDL), the legal limit is only . 04%. This is a very low percent, and almost any amount of alcohol can lead to a driver being over the limit. If you are arrested for driving with a . 08% BAC, you can be charged with all the penalties of a regular OUI, as well... --- ### Maine OUI Fatality Defense Attorneys > Maine prohibits consuming alcohol and then getting behind the wheel of a vehicle and an OUI manslaughter charge can carry heavy penalties. - Published: 2019-12-02 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-oui-fatality-attorney/ When a car accident occurs and a life is lost, Maine police look for someone to hold responsible. This usually involves them performing sobriety tests on all drivers involved in the crash. Unfortunately, even if the accident was caused by another driver, if you are found to have alcohol in your system you could be charged with an OUI or vehicular manslaughter. Whereas most OUI arrests occur after a driver is pulled over, an OUI fatality occurs after an accident. When police respond to the scene of an accident where people are badly hurt or killed, they will investigate the crash. This investigation includes evaluating all drivers involved for signs of OUI. If anyone is suspected of being intoxicated, they will be arrested right away. When drunk driving results in an accident, the offender faces severe penalties if convicted, especially if the collision results in the death of another motorist or passenger. Sentencing will be influenced by the driver’s record, particularly in the event of any prior convictions of OUI. What is Vehicular Manslaughter in Maine? Manslaughter involves the unlawful killing of another person, but without the criminal elements that define a murder. These are very serious charges, and you will want to get the best Maine criminal defense attorney available when facing any type of criminal OUI. The state specifies that an individual will be found guilty of manslaughter if the prosecution can prove that the defendant committed either of the following: They caused the death of another person through recklessness or criminal negligence They intentionally or knowingly caused the death of another person out of extreme fear or anger caused by adequate provocation In the case of a death that results from drunk driving, the first type of manslaughter applies, as the offender is charged as acting with criminal negligence. Criminal negligence refers to the offender’s state of mind at... --- ### Maine Hit and Run Defense Attorneys > If you're accused of a hit and run accident, contact our Maine defense Attorneys. Delays could result in severe legal consequences. Call us. - Published: 2019-12-02 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-hit-and-run-defense-attorneys/ Listed as one of the leading causes of death in the country, traffic accidents occur at a high rate every year. Many of these involve a driver with traces of alcohol in their system that may or may not be responsible for the incident occurring. Being accused of a hit and run in Maine is a serious criminal charge that can lead to hefty fines, license suspension, a permanent criminal record, and even jail time—especially if the accident involved injury or property damage. In many cases, drivers panic, make a split-second decision to leave the scene, and later find themselves facing severe legal consequences. At The Maine Criminal Defense Group, we understand that not every hit-and-run case involves malicious intent. Our experienced Maine hit and run defense attorneys work with individuals who may have made a mistake, were unaware of the damage caused, or were wrongly accused. We focus on building a strategic defense to protect your future and minimize the impact of the charges. If you've been charged or are under investigation for a hit and run anywhere in Maine, contact our team immediately for a confidential consultation. The sooner you act, the better your chances of a favorable outcome. What Are the Legal Requirements for Reporting a Car Accident in Maine? If you're involved in a car accident in Maine, especially one involving injury or property damage, you have a legal obligation to report it. Under Maine law, a crash must be reported if it occurs on a public roadway or any area where public traffic is expected, and results in: Bodily injury or death, or Property damage of $1,000 or more The driver of the vehicle is legally required to report the accident as soon as possible to law enforcement. If another... --- ### Maine OUI Injury Defense Attorneys > In Maine an OUI can be stressful, but if you are involved in a drunk driving accident where injuries occurred, the consequences can be dire. - Published: 2019-11-30 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-oui-injury-attorney/ When a serious accident occurs and someone is injured, the driver has a responsibility to report it to the proper authorities in a timely manner. Under most circumstances, the police will automatically check the drivers of all vehicles involved for signs of intoxication. If a driver is found to be under the influence and as a result caused an accident, they will be charged with an OUI. In order to be charged with Operating Under the Influence or OUI in Maine, you need to either have a blood alcohol concentration (BAC) of . 08% or more or the presence of drugs in your system. If either of these is true, and you are accused of causing an accident that resulted in injury or death, you will face serious OUI penalties. What are OUI injury laws & penalties in Maine? If you are arrested for OUI and an accident was caused where drivers or passengers were seriously injured, you could be held responsible. This is considered a Class C offense. The penalties for an OUI accident include the standard penalty for an OUI conviction, with the addition of: A minimum of 6 months of jail time A minimum fine of $2,100 6 years of court-ordered license suspension Under Maine law, criminal code §2411, these penalties cannot be suspended, which means if you are found guilty of OUI with injury, you will be sentenced to this jail time, fine and license suspension, and you must serve them. Vehicular Homicide OUI Charges in Maine In the unfortunate situation that you are driving under the influence and cause an accident where a life is lost, you could face vehicular homicide charges. OUI criminal law states that driving under the influence of drugs or alcohol and causing the death of another driver or passenger is a Class B offense. The penalties for this crime include: A minimum of 6 months of jail... --- ### Terms of Use - Published: 2019-11-30 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/terms-of-use/ The information provided in these pages is not legal advice, and should not be relied on as such. The content on these pages is for informational purposes only, and is meant as a starting point on your search for answers to your legal questions. The law is constantly changing and evolving. We can not guarantee that all information contained in this website is up to date at all times. Therefore, we recommend that you contact an experienced attorney in your area to guide you through your legal matter. When you speak with our attorneys and staff, everything you tell us about your case is confidential. However, we do not represent you (in court or otherwise) unless and until a retainer agreement is signed by both you and us, and a retainer is received. Nothing in this website should be taken to create an attorney-client relationship. We may offer any person a no-obligation initial consultation. This in no way obligates us to represent you, or to answer any specific questions. We reserve the right to deny a consultation to anybody, for any reason. This disclaimer applies to all pages and content contained in this domain. --- ### Maine Indecent Exposure Defense Attorneys > A conviction for indecent exposure in Maine can lead to penalties such as community service, probation, and court-ordered counseling. - Published: 2019-11-29 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-indecent-exposure-attorney/ Simply defined, indecent exposure is the "deliberate exposure in public or in view of the general public by a person of a portion or portions of his or her body" (Wikipedia), which is unacceptable by moral and/or societal standards of conduct. Charged with Indecent Conduct or Indecent Exposure in Maine? Protect Your Rights Today Being accused of indecent conduct or indecent exposure in Maine is not only embarrassing—it’s a criminal charge that can have lasting legal and personal consequences. Whether the allegation stems from a misunderstanding, false accusation, or momentary lapse in judgment, a conviction can lead to jail time, fines, and a permanent mark on your criminal record. At The Maine Criminal Defense Group, we understand the sensitive nature of these charges and how quickly reputations can be damaged. Our defense attorneys provide discreet, nonjudgmental, and aggressive defense strategies to protect your rights and minimize the impact on your life. If you're facing charges of indecent conduct or exposure, we’re here to fight for your freedom and future. Indecent exposure in Maine Indecent exposure includes exposing areas such as the genitals, the buttocks, and female breasts under inappropriate, or public circumstances(excluding a mother’s ability to breastfeed in public). This type of behavior is often carried out with the intention of shocking or disturbing another, or to receive sexual gratification. Indecent exposure can also include other sexual, or otherwise inappropriate, acts that are done within the view of the public, such as: Masturbation Sexual intercourse Public nudity Lewd conduct Penalties for indecent exposure in Maine Depending on the type of indecent exposure that took place, one might expect to face serious legal consequences. Under Maine Code §854, “any person 18+ who for sexual gratification lewdly exposes his genitals to a person... --- ### Maine Child Pornography Defense Attorneys > If you've been accused of possessing & distributing child pornography in Maine, it's in your best interests to talk to a criminal lawyer. - Published: 2019-11-29 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-child-pornography-attorney/ Child pornography can be defined as any depiction of sexually explicit acts involving a child, whether through images or film. It is illegal to produce, possess, and/or distribute child pornography in any form, and is punished severely under the law. Child pornography is often viewed and distributed among pedophiles, who become sexually aroused by the depictions of children engaging in sexual acts. The child victims are often brutalized in the production of child pornography, and this offense is often an extension of child prostitution and/or human trafficking practices. The Mayo Clinic, a non-profit medical research-based organization in the United States, reported that around 76% of individuals who were arrested for the possession of pornography had molested a child at some point and that 30%-80% of individuals who view child pornography on the internet had also acted out on their impulses at one point. Classifications of Child Pornography in Maine Under the law, child pornography is sometimes hard to define and can be difficult to r classify and prosecute as a sex crime. Classifications of such crimes have been roughly outlined in scales of increasing severity of inappropriate nature, including: Erotic Posing: This is an inherently sexualized depiction of children, whether fully clothed or partially naked, by deliberately posing them in an erotic manner. Explicit Erotic Posing: Whether partially clothed or naked, it is any depiction that emphasizes the genital area of a child in an erotic manner. Explicit Sexual Activity: Images and/or videos illustrating explicit sexual acts between children or alone, but without the presence of an adult. Assault: Depictions of children being sexually assaulted by an adult. Gross Assault: Depictions of a child engaging in grossly obscene sexual acts with an adult. Sadistic: Images involving a child being physically... --- ### The Domestic Violence Process in Maine > The Maine Criminal Defense Group understands the domestic violence process from from the beginning to end, including fines, jail & penalties. - Published: 2019-11-29 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-process/ Gain insights into the domestic violence process in Maine, a grave charge accompanied by mandatory penalties, including imprisonment, fines, counseling, and probation. A conviction for domestic violence can have far-reaching and life-altering consequences, which are often unpredictable due to the ever-changing state and federal laws pertaining to this matter. As state and federal laws evolve in this area, accurately predicting the specific effects becomes challenging. Maine’s commitment to addressing domestic violence is evident as law enforcement promptly responds to domestic disputes, resulting in arrests and county jail detentions. In York and Cumberland County, specialized domestic violence prosecution divisions staffed by trained prosecutors are dedicated to pursuing domestic violence offenders. Learn more about the heightened focus on domestic violence offenses and the measures taken to combat this issue, driven by recent high-profile cases that exposed the tragic consequences of domestic abuse. Understanding the gravity of Domestic Violence in Maine is crucial, as a conviction can result in significant jail time, spanning from months to even years. The length of jail time is influenced by your criminal record and case specifics. Whether facing a misdemeanor or felony charge, it is imperative to promptly secure the services of a skilled attorney to defend your rights. Failing to retain the right legal representation can lead to dire consequences. Explore the vital importance of obtaining the appropriate attorney to safeguard your interests throughout the domestic violence process. Domestic Violence Arrests in Maine Understanding the Domestic Violence Arrest Process in Maine is crucial when a heated argument with your spouse or significant other escalates and prompts a call to the police. Upon arrival, two officers will separate both parties, seeking accounts and admissions regarding physical actions, threats, or offensive contact. Once evidence of such behavior is established, either through admission or the victim’s statement, an... --- ### Maine Shoplifting Defense Attorney > The weight of the consequences for a shoplifting conviction in Maine is determined in part by the value of the property or item shoplifted. - Published: 2019-11-26 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/maine-shoplifting-attorney/ Maine no longer has a specific law that just applies to shoplifting offenses. Instead, all theft crimes are covered under one law. Maine criminal code §351 explains this consolidation: Conduct denominated theft in this chapter constitutes a single crime embracing the separate crimes such as those heretofore known as larceny, larceny by trick, larceny by bailee, embezzlement, false pretenses, extortion, blackmail, shoplifting and receiving stolen property. An accusation of theft may be proved by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the information or indictment, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. If the evidence is sufficient to permit a finding of guilt of theft in more than one manner, no election among those manners is required. Have you Been Charged With Shoplifting in Maine? One common type of theft charge is shoplifting. If you are accused by store security or employees of taking merchandise without paying for it, you could be charged with shoplifting. Shoplifting is a petty theft crime, in which the offender unlawfully takes the property of a store or other business. In some cases, you can even be charged with shoplifting before you have even left the store. For example, if the store's security alleges that you concealed items... --- ### Maine OUI Felony Defense Attorneys > A third OUI offenses is a class B crime and considered a felony in Maine. Contact our criminal defense team to learn about your rights. - Published: 2019-11-26 - Modified: 2025-06-13 - URL: https://www.notguiltyattorneys.com/maine-oui-felony-attorney/ Any type of OUI charge in Maine can come with serious consequences. The most serious penalties, however, are associated with felony OUI charges. There are several circumstances in which a person can be charged with a felony OUI, including having past OUI convictions and being charged with causing injuries while under the influence. Maine’s criminal OUI laws do not specify which crimes are felonies and which are misdemeanors. Instead, a criminal classification system is in place that labels all crimes on a scale from A to E, with A being the most serious classification and E being the least serious. Many people associate Class A, B, and most C offenses as being felonies and Class D and E offenses as misdemeanors. The term ‘felony’, however, has no real meaning in Maine law and is just used as a way to express which crimes lead to the steepest penalties. When is an OUI considered a felony in Maine? There are a few reasons for an OUI to be considered a felony in Maine. One of the first reasons a person may be charged with a felony is if they have a past track record of previous drunk driving offenses. When you are arrested for suspicion of OUI in Maine, police will check your criminal history to look for past convictions. An OUI/DUI conviction will stay on your record for 10 years. If you are arrested again within 10 years, you will face steeper consequences. If you have one prior conviction, you will face steeper penalties, but this is still a Class D crime. If however, you have 2 or more prior convictions, you will face Class C charges. Another common reason for felony charges is if you are suspected of being under the influence and causing an accident where serious injury or death occurred.... --- ### Sale and Use of Drug Paraphernalia in Maine > If you sell or furnish drug paraphernalia to another person, in Maine, that's a criminal offense. Learn more from an experienced legal team. - Published: 2019-11-26 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/sale-and-use-of-drug-paraphernalia-in-maine/ Sale and use of drug paraphernalia is a civil offense, for which only a fine can be levied. No jail can be ordered in a civil possession case. Maine defines drug paraphernalia as follows: All equipment, products, and materials used for the planting, growing, cultivation, inhaling, injecting, ingesting or otherwise introducing a scheduled drug into the human body. Examples of Drug Paraphernalia Charges in Maine Possession of drug paraphernalia is a civil offense for which no less than a fine of $300. 00 may be assessed, and none of which may be suspended by the court. With surcharges and assessments, that equates to a minimum of $380. 00. Examples of drug paraphernalia include roach clips, straws, blenders for mixing drugs, cocaine spoons and vials, bongs and bowls for smoking marijuana, rolling papers, scales and testing equipment and any type of container used to conceal the existence of the drug. If these items are found during a search of your person or car, the items will be confiscated, and you will be summonsed to appear in court. In Maine, when you've been charged with a civil violation, you'll be assigned an arraignment date, just as if you'd been charged with a crime. At the arraignment, you'll be asked to admit (guilty) or deny (not guilty) the charge. If you admit, the case will end and you'll be assessed a fine. Payment plans can be set with the court at this time. If you deny the allegation, the court will set your case for trial and give you a court date. Since the charge is a civil offense and therefore, no risk of jail, you are not entitled to a court-appointed attorney. Instead, you will have to represent yourself or retain a Maine defense lawyer at your own expense. Once the trial date arrives, the State will be responsible for... --- ### Maine Snowmobile OUI Defense Attorneys > Snowmobiles, quads, & other ATVs are subject to the same OUI / DUI rules in Maine as drivers ares subject to when operating a car or truck. - Published: 2019-11-26 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-snowmobile-atv-oui-dui-defense-attorneys/ You're almost certainly aware that it's illegal to operate a vehicle under the influence of drugs or alcohol (OUI). However, a question that you might want to ask is whether this includes driving your all-terrain vehicle (ATV) or your snowmobile in Maine, as well. The answer is fairly simple: Yes. While Maine's OUI statute outlaws operating a “vehicle” under the influence, and therefore seems to include ATVs and snowmobiles, there's a law in Title XII – the part of Maine's laws dealing with the outdoors and conservation – that specifically outlaws operating these vehicles under the influence, and states a particular penalty for doing so. Snowmobile OUI Penalties in Maine The standard for an OUI in Maine on a snowmobile or an ATV are the same as an OUI in a car: You can face charges if your blood alcohol content (BAC) is at or above 0. 08%, if you're over 21 years old, and if your BAC is above 0% if you're under 21 years old. However, the penalties for operating a snowmobile or an ATV under the influence in Maine are slightly different than they are for operating a car. If you get convicted for OUI while driving a car, you could be facing a minimum of a $500 fine, 150 days without your driver's license, and potentially even 2 days behind bars. If you get convicted for an OUI while using a snowmobile or an ATV, though, you won't have to worry about a license suspension. The other penalties, however, are substantially the same: In the past 6 years, this was your... Fine Jail Time 1st Offense Minimum $400 None, unless there are aggravating factors 2nd Offense Minimum $600 Minimum 7 days 3rd or subsequent offense Minimum $1,000 Minimum 30 days... --- ### Maine Driving on a Suspended License Defense Attorneys > In Maine, driving on a suspended or revoked license is a class E crime with a first offense fine of $250 to $1,000 & up to 6-months in jail. - Published: 2019-11-26 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/maine-operating-after-license-suspension-attorney/ Navigating the aftermath of an OUI conviction in Maine, a suspended license can severely impact your daily life. At The Maine Criminal Defense Group, we understand the challenges individuals face when dealing with license suspension. Depending on the severity of the offense and your criminal record, the suspension period can vary from months to years. Fortunately, Maine law provides avenues for obtaining a temporary license, offering a lifeline for those affected by OUI-related convictions. If you've lost your license due to an OUI or related conviction, our experienced OUI defense attorneys are here to assist you in regaining driving privileges. Trust us to navigate the legal intricacies and work toward restoring your ability to drive in Maine. How do I obtain a restricted license in Maine? Under Maine law Title 29-A, section 2501, a driver who is issued a restricted license can only operate a vehicle to commute to and from a treatment program or to their job. In some cases, the driver may be allowed to also drive other places such as school to medical appointments, but this is left to the State to decide. A person is eligible for a restricted license if either of the following apply: Their license was suspended due to a first-time OUI conviction and At least 2/3 of their suspension has occurred They have notified the Secretary of State that their alcohol and drug program has been completed. Their license was suspended due to refusing to take a chemical sobriety test under Implied consent laws and They have served at least 180 days of their suspension They have notified the Secretary of State that their alcohol and drug program has been completed. Work-Restricted Licenses in Maine According to Maine law Title 29-A, section 2503, if a driver has their license suspended due to having a blood alcohol concentration... --- ### Maine OUI Child Endangerment Defense Attorneys > There are harsh penalties for OUI child endangerment in Maine and if caught, can be arrested on the spot. Call us now. - Published: 2019-11-26 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-oui-child-endangerment-attorney/ When a driver is arrested for drinking & driving and a child under 21 years of age is present in the car, the driver can also be charged with Endangering the Welfare of a Child - Maine statute 17-A M.R.S. § 554. Penalties can vary based on the circumstances. You can be arrested for an OUI in Maine if one of two conditions apply: You are under the influence of alcohol with a blood alcohol concentration of . 08% (. 08 grams of alcohol per 100 ml of blood or 210 L of breath) or greater. You are under the influence of an intoxicant (any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. ) If police suspect that you are driving under the influence of either drugs or alcohol or both, you will be arrested on suspicion of OUI. If you have a passenger in the car at the time of your arrest that is under the age of 21, you will face additional penalties. You will need an experienced OUI defense attorney. Endangering the welfare of a child while drinking and driving in Maine Of the children killed in drunk driving accidents in one year, nearly 70% of them were passengers in the car of a driver who was under the influence of alcohol. Alcohol impairs a driver’s reasoning and concentration, making them less likely to ensure a child is properly restrained and diminishing their ability to stay focused on the road. Because driving under the influence of alcohol puts a child’s safety at significant risk, it is considered a form of child abuse. Those who violate this law could suffer from severe penalties. If you are accused of DUI in... --- ### Why Hire William T. Bly? - Published: 2019-11-26 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/why-hire-william-t-bly/ William T Bly: Experienced Litigator at The Maine Criminal Defense Group Over 54,000 people were arrested, summoned or cited by police in Maine during 2010, and only 29% of those who were accused of committing crimes were cleared by law enforcement agencies. Have you been arrested for a crime? You need a defense attorney that knows how to handle your case and will fight tirelessly to help you avoid the severe penalties of a criminal conviction. During this stressful and uncertain time, you can rely on Attorney William T. Bly to take up the charge and aggressively defend your rights using the comprehensive protection that the law provides. Why is Attorney William T. Bly the right Maine criminal defense lawyer for you? With nearly ten years of experience working in the criminal justice system, he has effectively handled a myriad of cases ranging from the most serious charges to the most minor misdemeanor charges. Attorney Bly draws upon a wealth of trial experience to build and implement personalized defense strategies for every case that he takes on, and he is a recognized veteran of both the state and federal court systems. Professional Accomplishments Instead of choosing a law firm that takes on all types of legal cases, here are a few reasons why you should choose a firm that specializes in criminal law. One of the most advantageous reasons for choosing to work with Attorney Bly is that you will benefit from the years of hard work that he has... --- ### Maine Drug Trafficking Defense Attorneys > Maine's drug trafficking encompasses selling drugs, giving them away, trading them, or moving drugs in possession in order to sell. - Published: 2019-11-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-drug-trafficking-defense-attorney/ Despite what TV crime shows depict, drug trafficking is rarely dramatic. The reality is far less cinematic, leading to misconceptions about how these cases unfold. Lawyers for drug trafficking charges across Southern Maine Drug trafficking charges in Maine are among the most serious drug offenses, carrying severe penalties that can include lengthy prison sentences, substantial fines, and a lasting criminal record. Prosecutors aggressively pursue these cases, often using extensive investigations and law enforcement tactics to secure convictions. If you are facing a drug trafficking charge, you need a strong legal defense to challenge the evidence, question police procedures, and protect your rights. At The Maine Criminal Defense Group, our experienced attorneys understand the complexities of Maine’s drug laws and will fight tirelessly to secure the best possible outcome for your case. Drug trafficking defined in Maine In Maine, drug trafficking is considered the intentional possession of a scheduled drug(s) in a manner that suggests trafficking, according to the Maine criminal code. Scheduled drugs are categorized into different schedules, with Schedule W containing the most dangerous drugs. For instance, possession of over a pound of marijuana is indicative of unlawful trafficking in scheduled drugs. Controlled substances A “controlled substance” is a drug that the government regulates. Maine puts these drugs into four categories, which it calls Schedules. Schedule W - Schedule W is where the most serious drugs are found. Schedule W includes dangerous, highly addictive, drugs that have little to no medicinal purpose, like cocaine and heroin. Schedule X - Schedule X includes addictive drugs and other hallucinogens that pose less of a threat, or have a higher medicinal value than Schedule W drugs. The... --- ### Maine Robbery Defense Attorneys > Robbery Charges in Maine are when attempts to take property through threatening force or actual use of force against another person. - Published: 2019-11-26 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-robbery-defense-attorney/ Robbery is sometimes a term used to describe any type of theft. But robbery has a specific definition in the legal sense. Robbery crimes typically involve violence or the threat of violence. What is robbery in Maine? Robbery charges are very serious and a conviction can include fines and jail time. Robbery is committed if one person attempts or succeeds in stealing the property of another person through fear or force, and if at the time of the crime the offender either: Recklessly inflicted physical injury on the victim (Class B offense ) Threatened to use force against any of the victims present for the purpose of (Class B offense) Preventing or overcoming resistance of the theft or attempts of the victims to take back their property from the offender, or Compelling the victim to give up the property or do something that made it easier for the property to be taken Used physical force on the victim with either of the intents specified above (Class A offense) Intentionally inflicts or attempts to inflict bodily injury upon the victim (Class A offense) Armed with a dangerous weapon during any of the types of robbery as listed above, or aware that an accomplice is armed during the crime (Class A offense) Robbery charges are no longer elevated by adding the terms 'aggravated' or 'armed'. Instead, penalties for these charges are increased in classification. As listed above, the use of a weapon can lead to a Class A felony robbery charge. What... --- ### Maine Reckless Conduct with a Deadly Weapon Attorneys > In Maine we strive to defend people against allegations of reckless conduct with a deadly weapon. Contact us to learn more about your rights. - Published: 2019-11-26 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-reckless-conduct-deadly-weapon-attorney/ In Maine, the statute that prohibits reckless conduct is very vague and a favorite for police who want to make an arrest in situations where it's unclear that a crime has been committed. If you had a deadly weapon during the altercation, the severity of the offense turns from a misdemeanor into a felony. The criminal defense lawyers at The Maine Criminal Defense Group strive to legally represent people in Portland and southern Maine who have been accused of reckless conduct with a deadly or dangerous weapon. There are defenses that can be raised to invoke your rights and protect your future against the costs of a conviction for such a serious offense. Reckless Conduct in Maine In Maine, the crime of reckless conduct is described in 17-A Maine Statute § 211. Unfortunately, this statute is vague. It prohibits anything that “recklessly creates a substantial risk of serious bodily injury to another person. ” Typically, reckless conduct is a Class D crime – the most severe type of misdemeanor in the state. However, the crime classification increases if there was a dangerous weapon involved. Reckless Conduct with a Deadly Weapon Sentencing in Maine Another one of Maine's laws, 17-A Maine Statute § 1252(4), is a sentencing provision that deals with offenses that involved a dangerous or deadly weapon. This statute increases the classification of a crime by one level if the offense “was committed with the use of a dangerous weapon. ” So, a criminal charge of reckless conduct would change from a Class D criminal charge into a Class C charge. This increase is one of the most important in all of Maine's criminal law because it turns a potential conviction from a misdemeanor into a felony. This does not just mean that you could spend more than a year in jail –... --- ### Maine White Collar Crimes Defense Attorneys > In Maine white collar crimes generally encompass a variety of nonviolent crimes usually committed for financial gain. Call us for help now. - Published: 2019-11-26 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-white-collar-crime-attorney/ One type of crime that is less common but still very serious is white-collar crime. These crimes may seem like offenses that are only committed in movies, but there are many types of white-collar crimes that are very common. White collar crimes in Maine often involve complex financial investigations and carry serious consequences—even without the use of violence. These non-violent offenses typically include allegations like embezzlement, tax fraud, money laundering, or wire fraud, and can result in either state or federal charges. At The Maine Criminal Defense Group, our experienced legal team understands how these cases are built—and more importantly, how to defend them. With a strong background in financial crime litigation and a track record of strategic, results-driven defense, we’re here to protect your rights and fight for your future when you're facing white collar criminal charges. What are white collar crimes? A white-collar crime can be defined as any non-violent crime that was committed with the intention of illegal financial gain. This classification of crime received its name in 1939 when it was popularly defined to include illegal acts “committed by a person of respectability and high social status in the course of his occupation”, meaning white-collar workers. These types of crimes often occur on a larger scale, including things like fraud and/or embezzlement, but they can also include more common crimes. Some of these crimes include: Bribery: This includes any implications or explicit statements made of offering money and/or gifts with the intention of influencing another’s actions or behavior. Ponzi Schemes: This is a fraudulent scheme that is used to entice investors into making large investments, but the system is inherently designed to collapse, leaving people at a severe financial loss. Insider Trading: This is the... --- ### Maine Driving Without a License Defense Attorneys > Maine prohibits driving without a license or driving with a suspended license and can carry fines & possible jail time. Call us for help now. - Published: 2019-11-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-driving-without-a-license-defense-attorneys/ Under Maine law, a person needs a valid driver's license to operate a vehicle. Operating a vehicle includes driving a vehicle on the road or in a parking lot. Student drivers are also allowed to operate vehicles as long as they are in a parking area and accompanied by an adult or driving instructor. Anyone who is a Maine citizen and is over the age of 16 can apply for a license. In order to get a license, the driver must turn in any other licenses that they have been issued and The Secretary of State must approve the driver's application. The laws also state that a person must apply for a Maine driver's license: Within 30 days of becoming a Maine resident If a person has been living in Maine for less than 90 days and does not obtain a Maine license, they can be subject to a traffic citation. If they have been a resident over 90 days and still have not obtained a Maine State license, they face Class E criminal charges. Driving Without a License in Maine It is a crime to drive with an out of state license if a driver is a Maine resident, but it is an even more serious offense to drive with no license at all. Under Maine criminal code Title 29-A section 1251, it is a crime for a person to drive a vehicle on the road or in a parking area of any of the following apply: The driver does not have a valid driver's license – the person operating the vehicle has not received a license from any state, is not eligible for a license or has lost their license. The driver is in violation of a conditional or restricted license – after a person's license gets suspended or revoked, they can... --- ### Client Portal & Payment Information - Published: 2019-11-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/client-portal-payment-information/ Please select the invoice type you wish to pay, where you will be directed away from the website to LawPay's secure online payment gateway. Please, reach out with any questions you may have. Invoice Payment Criminal Trust Payments --- ### Privacy Policy - Published: 2019-11-26 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/privacy-policy/ Our law firm recognizes and respects your privacy. We want you to make the most of this Web site and to feel confident while doing so. The following discloses the information collection, use and disclosure practices for this domain. This policy does not address information obtained offline. Or you can reach us by telephone at the number posted on this page. WHAT PERSONAL INFORMATION DO WE COLLECT? When you visit the public area of this website, you remain anonymous. To the extent you use forms, chats and e-mail links via the Web site, or call us via phone to communicate with us or anyone affiliated with us and provide us with personally identifiable information, however, you will not remain anonymous. Because it is impossible to predict every conceivable context in which such information might be provided to us via e-mail, we can provide you no assurance that personally identifiable information you choose to provide to us via e-mail will be maintained as private. This website uses "cookies. " Cookies are small text files that are placed on a visitor's computer hard drive that allow us and/or the host of this Web site to record how many times a user or computers within a user's network of computers has visited the Web site, the number of times various pages of the Web site have been accessed and to track the user's home page customization preferences. You may disable receipt of cookies using features of your Web browser that disable or turn... --- ### Maine Theft By Receiving Stolen Property Attorneys > Accused of theft by receiving stolen property in Maine? Trust our experienced criminal defense team & contact us for expert guidance. - Published: 2019-11-26 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-theft-by-receiving-stolen-property-attorney/ Theft might seem like such an easy, straightforward thing. It's taking things that don't belong to you. While this is true, it is also only the basic idea of what constitutes theft. As it often happens in the law, things get very complex, very quickly. Theft is no exception. One reason for this is that the state of Maine has decided that there are some ways of thieving something that are more serious than others. Therefore, it has created laws that punish some thefts harsher than it punishes others. One way that Maine does this is by looking at the value of what was taken: The more valuable, the more serious the crime, the harsher the penalty. Another way that Maine does this is by looking at how the theft was done. Thefts that occur with a firearm are more serious than those that weren't, and so the penalty is higher for those, as well. But police and law enforcement are not able to catch everyone and find all the stolen property that is lost. Thieves steal things and then sell it, and suddenly the difficult task of finding the thief and returning the stolen property to its owner becomes the nearly impossible task of finding the thief, then tracking the property to someone else, and then getting the property back from that person. In an effort to solve this problem, Maine made it illegal to receive stolen property: It's another way of committing theft. Unfortunately, this is an incredibly... --- ### Maine Statutory Rape Defense Attorneys > Charged with statutory rape in Maine? The age of consent is 16, and sex with a minor under 16 can lead to serious penalties. Get help now. - Published: 2019-11-25 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-statutory-rape-defense-attorney/ In Maine, there are strict laws concerning statutory rape and other sex crimes involving children. Needless to say, any charge of rape is extremely serious, and you will require legal advice at the earliest opportunity. Statutory Rape Lawyers in Maine Defending against statutory rape charges in Southern Maine Statutory rape involves sexual activity with a child aged 15 or under, a conviction for which could result in especially harsh consequences. Unfortunately, there are many cases each year in Maine where individuals are wrongly accused of this offense. If you know someone who has been accused of statutory rape or any sex crimes involving a child, it helps to know what the laws say, the potential punishments for a conviction, and the possible defenses that may be able to be employed. What are sex crimes involving juveniles in Maine? The age of consent in Maine is 16. Therefore, any sexual activity with a person under this age is liable to result in a charge of statutory rape as the alleged victim is considered too young to be able to consent. Even if the defendant argues that the child consented to the sexual activity or initiated it, this is usually not a valid defense. The crime of statutory rape covers several forms of sexual misconduct with a child in Maine, each with its associated level of punishment. These levels are: gross sexual assault, sexual abuse of a minor, unlawful sexual conduct, and unlawful touching. In addition to the standard laws, other laws apply to teachers and other employees in positions of authority over children, as you will see below. Following are the five main charges related to sexual misconduct with a child in Maine, in descending order... --- ### Maine Boating Under the Influence Defense Attorneys > In Maine it is important to obey safety when boating. For Maine, the BAC for boating is .08 percent, the same as it is for an OUI. Call now! - Published: 2019-11-25 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/maine-boating-oui-dui-attorney/ Nearly everyone is familiar with the terms OUI, DUI, or DWI. These terms represent the act of driving a vehicle under the influence of drugs or alcohol. Fewer people, however, are familiar with the similar term, BUI, which stands for boating under the influence of drugs or alcohol. In the state of Maine, a BUI is the same as an OUI in nearly all ways, except that the vehicle is on the water, not the roads. Just like driving under the influence, operating a watercraft is illegal when you’re impaired by drugs or alcohol. You can be charged with a BUI for operating – or even attempting to operate – anything on the water, from motorboats and sailboats, to jet skis, to surfboards. Boating Under the Influence in Maine In Maine, boating is a popular recreation, and plenty of people use their boats to work, as well. Boat U. S. Magazine listed Portland as one of their “Ten Great Boating Towns for Retirement,” and Maine fisheries regularly net more seafood than nearly all other states. When boats and alcohol mix, however, the consequences can be deadly. The U. S. Coast Guard estimates that approximately a third of all boating deaths are caused by someone boating under the influence, and goes so far as to say that operating a boat while intoxicated is more dangerous than operating a car. While this claim might surprise you, it could very well be true. Boating is more complex than driving – how a boat runs is affected by such factors as the currents and the wind – and many people are much more familiar with driving than boating. To many, driving is almost second nature. With these facts in mind, BUI becomes an important law to be familiar with. Penalties for boating... --- ### Maine Weapon Crimes Defense Attorneys > A weapon charge is a serious crime in Maine. The Maine Criminal Defense Group are experts in defending gun & weapons charges. Call us. - Published: 2019-11-25 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/maine-weapon-charges-defense-attorney/ Weapons charges can result from a variety of situations, as the broad term 'weapon' can be applied in many ways. A weapon can include almost anything that is used to inflict bodily injury upon another person, such as a firearm, knife, explosive device, baseball bat, or even feet or fists. According to weapon crimes laws in Maine, you may not “display in a threatening manner a firearm, slingshot, knuckles, bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person”. You are also prohibited from carrying a concealed weapon unless it is a special circumstance, such as carrying a knife for hunting or fishing purposes or having a gun permit that allows you to carry a concealed handgun. Gun laws in Maine While there are many types of items that can be considered weapons, our attorneys have noticed that the most common weapons crimes in Maine are those that involve violation of state gun and firearm laws. These offenses can have harsh penalties especially if someone is injured. These charges include, but are not limited to: Carrying a concealed firearm or weapon without a permit Shooting into, from, or at a building or home Brandishing a firearm Purchasing a weapon illegally Unlawfully selling a weapon Illegal distribution of a weapon Gun laws in Maine are not as strict as many other states. Most types of guns and ammunition are legal in Maine with the exception of machine guns and armor-piercing ammunition. There is also no waiting period necessary to purchase a firearm. Guns are illegal on or near school property and violation of this law is a misdemeanor offense. It is also illegal to carry a gun in a courthouse or anywhere in a public space when intoxicated using drugs... --- ### Registering as a Sex Offender in Maine > How to navigate Maine's sex offender registration process. Trust our team to protect your rights if you've been charged with violating SORNA. - Published: 2019-11-25 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/registering-as-a-sex-offender-in-maine/ Note: We do not do any sex registry work but we do handle all sex-related cases While many sex offenses carry steep fines and long jail sentences, what may feel like one of the harshest penalties - lasting well beyond time served - is the requirement to register as a sex offender. Registering as a sex offender in Maine has significant legal and social consequences, including difficulty finding employment and social stigmatization. Individuals convicted of certain sex crimes are required to register with the Maine State Police, managed through the State Bureau of Identification. The Maine Sex Offender Registry is publicly accessible, meaning anyone—neighbors, employers, or others—can search for individuals with qualifying convictions. Under the Maine Sex Offender Registration and Notification Act (SORNA), registered sex offenders face residency restrictions, including limitations on living near schools and places children frequent. Additionally, local municipalities may impose stricter ordinances, further affecting where offenders can live. Failing to comply with registration requirements can result in severe penalties, making it crucial for individuals to fully understand their obligations and seek legal advice when necessary. When registering as a sex offender is a requirement in Maine Not all convictions require you to register as a sex offender in Maine. To make matters even more complex, Maine changed its sex offender registration requirements on January 1, 2013. For cases that happened between 1982 and 2012, the Sex Offender Registration and Notification Act of 1999 (SORNA 1999) differentiates between “sex offenses” and “violent sex offenses. ” Sex offenders who have registered under SORNA 1999 are either 10-year registrants or lifetime registrants. Sex offenders who only had to register for 10 years were convicted of a less serious offense than those who had to register as a sex offender for the rest of their lives. The Sex Offender Registration and Notification... --- ### Maine Juvenile Crime Offense Attorneys > The Maine juvenile courts are designed to both adjudicate criminal cases involving children, while protecting your child's privacy & rights. - Published: 2019-11-25 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-juvenile-offense-attorney/ A juvenile offense can be classified as any illegal crime that has been committed by an individual under the legal age of adulthood or the legal age in which to participate in certain acts. The law handles juvenile offenders in a different court system, as a trial is often conducted in a specified court and a sentence is carried out in a juvenile detention center. When your child is facing legal trouble, call The Law Office of William T. Bly for help. We work with juvenile clients all over the state who have been accused of theft, underage drinking, and more. A criminal conviction as a juvenile can have long term consequences and can even affect college admissions. Don’t let juvenile charges hurt your child’s future, call a Maine juvenile crime lawyer right away. What is considered a Juvenile Offense in Maine? When a person under the age of 18 is charged with a crime, it is usually considered a juvenile offense. Depending on the type of crime, however, an individual may be tried as an adult in certain cases. For any type of case involving a minor, hiring a Maine criminal defense attorney is a good idea. Although the frequency of juvenile crime has dropped in recent years, it is estimated that about 60%-80% of adolescents have engaged in this type of offense at some point or another before reaching the legal age of adulthood. This may include: Underage drinking Driving under the influence of drugs Underage use of tobacco products Drug crimes Destruction of property Disorderly conduct Trespassing Shoplifting Assault/sexual assault Robbery Although not all of these crimes are specific to juvenile offenders, these are the most common types of offenses that... --- ### Maine's Implied Consent Laws > Maine's implied consent means agreeing to a chemical test if there is probable cause. Refusal of testing will result in a license suspension. - Published: 2019-11-25 - Modified: 2025-06-13 - URL: https://www.notguiltyattorneys.com/maine-implied-consent-laws/ If you have been arrested for OUI in Maine, there is important information that you should know. One of the biggest concerns people have after an arrest for OUI is how their license will be affected. The ability to drive is very important, as most people rely on their cars as their only means of transportation. There are several factors that come into play when deciding the fate of your driver’s license after a OUI arrest. One of those is whether you violated Implied Consent laws during your arrest. Maine’s Implied Consent law is as follows: 2521: Implied consent to chemical tests 1. Mandatory submission to test. If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and drug concentration by analysis of blood, breath or urine. When you obtain a Maine driver’s license, your consent to chemical tests, such as blood, breath, or urine, is implied. In order to order a breath test, a police officer needs only to have probable cause to arrest you. If you refuse to take a chemical test, you are violating the law and will face a severe license suspension. Implied consent and refusing a breathalyzer test in Maine If you are stopped by police for a traffic violation or during a sobriety checkpoint, they will look for signs of intoxication. Anything from the way you are acting to the smell of your breath can be considered an indication that you might be driving drunk. If they do suspect you have been drinking, the officers will likely ask you to take a field sobriety test. These tests, such as standing on one leg or walking in a straight line, are purely voluntary and can be declined... --- ### Maine Probation Violation Defense Attorneys > If probation is violated during the period of probation in Maine, the court may sentence that person for the crime and revoke probation. - Published: 2019-11-25 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/maine-probation-violation-attorney/ Someone who has been put on probation is required to follow a strict set of guidelines set out by the court for a designated period of time. They might have found themselves under probation if they were sentenced to time in jail and are serving the rest of their sentence under probation, or if they agreed to probation in place of going to jail, but usually only if they had committed a misdemeanor offense. Likely, the court will require an individual to abide by a curfew, follow the instruction of a probation officer and/or frequently check in with them, refrain from leaving the jurisdiction, maintain employment, and refrain from committing any further crimes. The terms of an individual's probation are legally binding, so if violated, they may find themselves facing additional penalties. The terms of one's probation are often specific to their offense. For example, if someone was convicted of a DUI or an OUI, that person may be prohibited from drinking and/or possessing alcohol while under probation, as well as be required to adhere to regular alcohol/drug testing. A person may also be found in violation of their probation if they: Fail to appear in court Fail to complete a required course/treatment program Fail to report to a probation officer Commit an additional crime Fail to complete community service Fail to maintain employment A person can also be found guilty of a probation violation if he/she commits another offense. Maine code §1206 states: "If a person on probation is convicted of a new crime during the period of probation, the court may sentence that person for the crime and revoke probation. If the person has been... --- ### Title-12 Charges: Fishing, Game, Boating & ATV Laws in Maine > Facing Title-12 charges in Maine? Our law firm offers expert defenses against fishing, game, boating & ATV-related charges. Contact us today. - Published: 2019-11-25 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-title-12-attorney/ With some of the largest forests in the nation, 3,478 miles of coastline, and countless other natural landmarks like lakes, beaches, and mountains, Maine's wilderness has something to offer everyone. Due to all of these outdoor opportunities, Maine has had to come up with extensive laws regulating how people can use the great outdoors, so that all can enjoy them. All of these laws can be found in Title 12 of Maine's Revised Statutes. This document, a full 1,197 pages long, has been divided into thirteen parts and makes for heavy reading. Maine's Title-12 Summary The portion of Title 12 that most people will have to deal with is Part 13. This portion of Title 12 creates the Department of Inland Fisheries and Wildlife, a government department whose mission is to preserve, protect, enhance, and effectively manage the inland fisheries and wildlife resources in Maine, and encourage their wise use. This includes the granting and enforcing of licenses and permits for hunting and fishing in the state of Maine. All the requirements that need to be met in order to get a hunting or a fishing license come from Title 12, Part 13. Title-12, Part 13 Part 13 also makes many outdoor activities illegal. Some of the things that Part 13 prohibits include the operation of a motor vehicle on a public water supply, the failure to stop for a law enforcement officer, the abuse of another person’s property while fishing, hunting, or trapping, harassment of hunters, trappers, or anglers, failing to notify the Bureau of Warden Service of a lost, stranded, or drowned person, defacing public notices, trespass on private land, or hunt or operate watercraft, snowmobile, or an all-terrain vehicle (ATV) under the influence. People who hunt or operate a watercraft, snowmobile, or an ATV have the duty to submit to chemical testing by law enforcement under Part... --- ### Maine Violent Crimes Defense Attorneys > Violent crimes in Maine are taken very seriously by law enforcement and can carry heavy penalties with the potential for long jail sentences. - Published: 2019-11-25 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-violent-crimes-defense-attorney/ Violent crimes are serious offenses made against another person, typically through fear, physical harm, or the threat of physical harm. These charges are harshly prosecuted and can be classed in a variety of ways, depending on the circumstances of the crime committed and the offender's criminal record. Classification of violent crimes in Maine When you are charged with a violent crime, there is a lot of information that you should be aware of. For example, Maine no longer charges criminal offenses as misdemeanors or felonies; rather, crimes fall under different classes, based on the particular offense and the offender's criminal history. In order to make sure that you understand all of the necessary information regarding your charges, it is essential that you call a Maine criminal defense attorney at Law Office of William T. Bly as soon as you are charged with a violent crime. There are 5 classes of criminal charges and they include the following: Class A Crimes Most serious types of crimes in the state, punishable by incarceration up to 30 years and fines up to $50,000 Class B Crimes Punishable by incarceration up to 10 years and fines up to $20,000 Class C Crimes Punishable by incarceration up to 5 years and fines up to $5,000 Class D Crimes Punishable by incarceration up to 364 days and fines up to $2,000 Class E Crimes Least serious crimes in the state, punishable by incarceration up to 6 months and fines up to $1,000 Class A charges cover... --- ### Maine Federal Criminal Defense Attorneys > Being charged with a federal crime in Maine is a very serious, life changing experience. Let our experienced legal team fight for you. - Published: 2019-11-25 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-federal-criminal-defense-attorney/ Although each state has its own laws and constitution, some crimes break federal codes and are thus charged as federal offenses. These crimes are any infractions of federal legal code and law, and convictions most often result in lengthier and more severe penalties. . These crimes are prosecuted by the United States District Attorney's office, and sentencing for conviction follows federal guidelines, which may result in incarceration in a federal prison. Types of federal charges Many crimes are covered by both state and federal laws. For those crimes that have no state laws, they will always be charged as federal crimes. Other crimes like those that involve offenses in multiple states or that are part of a larger ring of crime will often result in federal charges as well. Federal law also applies to crimes that take place in areas that state laws do not cover like national parks or Indian reservations. Drug Crimes Many drug offenses are prosecuted under state law, such as cases of drugs being moved across state or national borders or charges involving a Schedule I substance. An individual can face charges for such crimes as the possession of large amounts of drugs, drug conspiracy, cultivating or manufacturing illegal drugs, and the trafficking, importation, or smuggling of drugs. When you are facing federal charges for a crime, you will want to make sure you have an experienced criminal defense lawyer. The circumstances that make a drug crime lead to federal charges is not as cut and dry as some may think. Most drug arrests are made by state police, but if you are arrested by a federal officer or by the DEA, you will face federal drug charges. In many cases, state and federal police make an agreement on who... --- ### Maine Theft Crimes Defense Attorneys > Theft crimes in Maine are categorized by class, stolen item value, intent of the perpetrator, & how the crime was committed. Call us now. - Published: 2019-11-25 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-theft-attorney/ A criminal charge of any kind can carry serious consequences. One very common type of charge is theft crimes. Theft is the criminal act of taking something of value without lawful reason and against the will of the owner, with the intent to permanently deprive the owner of the property taken. There are many circumstances that may lead to a charge of theft. Classification of theft crimes in Maine They are generally broken into classifications and include the following: Theft by unauthorized taking or transfer – This is what most people think of when they hear theft. This involves taking something that does not belong to you or taking an item without paying for it. Title 17-A, §353 Theft by deception – This can involve many things, including cons or soliciting donations for personal gain. Title 17-A, §354 Theft by receiving stolen property – If you accept items that you know to be stolen or have some reason to believe that they were stolen, you can also be charged with theft. Title 17-A, §359 Theft of services – Just like physical items, services can be stolen if they were performed and there was never an intention to compensate for them. Title 17-A, §357 Unauthorized use of property – Using items, land or services that do not belong to you is a crime just like any other type of theft. Title 17-A, §360 Theft by use of force or fear (robbery) – You do not have to use a weapon to... --- ### Maine Murder Defense Attorneys > If you have been accused of murder in Maine, call our office immediately. A murder offense is the most serious crime that a person can face. - Published: 2019-11-25 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-murder-defense-attorney/ How is Murder Defined in Maine? Maine law Title 17-A, section 201 states that “a person is guilty of murder if” The person “intentionally or knowingly” causes the loss of life to another person OR They act in a way he/she shows no regard for human life that results in the loss of life OR They “intentionally or knowingly” cause another to commit suicide through duress or deception The stakes are never higher than when facing murder charges. At The Maine Criminal Defense Group, we stand as your unwavering legal allies in this most challenging of legal battles. Our experienced criminal defense attorneys are committed to protecting your rights, building a robust defense, and working tirelessly to secure the best possible outcome in the face of serious allegations. Penalties For Murder in Maine Maine's law has a special set of penalties for murder offenders. All other crimes are sentenced based on a classification system of A to E except for murder. A murder conviction will lead to: A term of 25 years to life in prison If the victim was a child under the age of 6 or a woman who the offender had “reasonable cause” to believe that she was pregnant, the court will take this into consideration. Felony murder charges in Maine Under Title 17-A, section 202. 1: A person is guilty of felony murder if acting alone or with one or more other persons in the commission of, or an attempt to commit, or immediate flight after... --- ### Maine Night Hunting Defense Attorneys > Protect your rights against night hunting charges in Maine. We understand the intricacies of state hunting laws, providing a robust defense. - Published: 2019-11-25 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-night-hunting-attorney/ Because it's one of the most rural and environmentally pristine states in the northeast, and perhaps even in the entire U.S., Maine has some of the most extensive hunting and conservation laws in the country. Encapsulated in Title 12 of the state's statutes, these laws affect many Mainers on a regular basis, regulating essentially everything to do with Maine's natural resources. Night Hunting Penalties in Maine One of the many ways that Title 12 regulates the natural resources of the state is through its provisions on night hunting. The general rule is that it's illegal to hunt wild birds or animals at night. If you're caught hunting at night, or if you're found in possession of game that you hunted at night, you'll face the following penalties: Jail Time Fine 1st Offense Minimum 3 days Minimum $1,000 2nd or Subsequent Offense Minimum 10 days Minimum $1,000 Other factors will add to these base penalties. If you're caught hunting at night, or with a game that you hunted at night, and you're in possession of a light amplification or thermal imaging device, you'll be facing at least another 3 days in jail and $2,000 in fines, on top of the base penalties. Additionally, repeat offenders could face increased fines and imprisonment. Night Hunting Regulations in Maine The regulations are very specific about what it means to hunt “at night. ” “Night” means the time between 30 minutes after sunset, until the time 30 minutes before the sunrise of the following day, based on the official Eastern Standard Time in Bangor, Maine. The Department of Inland Fisheries & Wildlife has put together a helpful PDF of the legal hunting hours, for the 2014-15 hunting season, based on this statutory definition of “night. ” Like most laws, however, there are exceptions to Maine's rules making it illegal to hunt at night. These exceptions, however,... --- ### Maine Drivers License Defense Attorneys > Driving on a suspended license, conditional licenses, driving without a license are common license issues in Maine we can help with. Call us. - Published: 2019-11-25 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/maine-drivers-license-defense-attorney/ When a person is convicted of a driving-related offense in Maine, one common penalty they often receive is driver's license suspension or revocation. This is a big concern to offenders because without their license many people have no way of getting to and from work, school or other obligations. For those reasons, it is important to speak to an experienced attorney as soon as a person is accused of a crime in order to make sure that they get the best possible results. Common issues that affect your ability to drive include the following categories. Driving on a Suspended License in Maine Many people who are sentenced to license suspension or revocation choose to continue to operate a vehicle. If they are caught by police driving on a suspended or revoked license, they will face penalties, including longer periods of license suspension. In addition, if any other offense was committed such as driving under the influence of drugs or alcohol, they can face additional charges for these crimes. Conditional License in Maine After a person who has lost their license due to OUI conviction has their license reinstated, it will only be a conditional license for several years. This means that a person with a conditional license can face charges for driving with any measurable amount of alcohol in their system. Driving Without a License in Maine Under Maine law, all the residents must have a valid driver's license in order to operate a vehicle. If a person is stopped by police, and they do not have a driver's license, they can be charged with a criminal offense. This includes underage drivers and people who never applied for a driver's license, as well as Maine residents who have never updated their license and still have out-of-state licenses. Driving without... --- ### Maine Rape of a Minor Defense Attorneys > Experienced legal representation in Maine for accusations of minor rape. Get trusted defense for sensitive cases. Contact us for guidance. - Published: 2019-11-25 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/rape-of-a-minor-in-maine/ If you've been accused of rape of a minor in Maine, it's crucial to understand the severity of the charge and the legal complexities involved. Criminal laws surrounding underage sex offenses vary widely, and the terminology used—such as statutory rape, rape of a minor, gross sexual assault, and gross sexual abuse—can differ depending on the jurisdiction. Defending sexual acts towards minors charges in Southern Maine A sexual act or rape of a minor charge in Maine carries some of the harshest penalties under state law, including lengthy prison sentences, mandatory sex offender registration, and lifelong consequences. Even an accusation can damage your reputation, career, and personal life. At The Maine Criminal Defense Group, our experienced Maine sex crimes defense attorneys aggressively defend individuals accused of rape involving a minor. We understand the complexities of Maine’s sexual offense laws and work to challenge evidence, witness testimony, and prosecutorial overreach to protect your rights. If you are facing these serious charges, securing immediate legal representation is critical. Contact us today to discuss your case and begin building a strong defense. Rape of a Minor Laws in Maine In Maine, there are two laws that prohibit having intercourse with someone underage. They are: 17-A Maine Statute § 253, or gross sexual assault; 17-A Maine Statute § 254, or sexual abuse of minors; 17‑A Maine Statute § 255‑A, or unlawful sexual contact; 17‑A Maine Statute § 260, or unlawful sexual touching; 17‑A Maine Statute § 282, sexual exploitation of a minor; and 17‑A Maine Statute § 556, or incest. All of these laws are based on one idea: People under the age of 16 are legally incapable of giving their consent to a sexual act. This is the age of consent (16 years old) in Maine. Having sex – intercourse or otherwise – with someone under the age of consent... --- ### Federal Sentencing Guidelines > If you've been charged with a federal criminal offense, don't just hire any attorney. Call William Bly at The Maine Criminal Defense Group. - Published: 2019-11-25 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/federal-sentencing-guidelines/ Your case will be handled very differently in federal court than it would be handled in state court. The reasons for this difference are numerous and complex. However, the major differentiator between state and federal court is the practice of referencing the Federal Sentencing Guidelines when determining a sentencing range in federal court. Criminal History Category Calculation The first issue that determines the punishment imposed by the court in any federal criminal proceeding is the criminal history category of the defendant. There are 6 levels of criminal history categories. The criminal history category is determined by the defendant's prior criminal record and the severity of each prior conviction (IE, misdemeanor, felony, serious drug charge or crime of violence). Each conviction is assigned a point level and when all the points are totaled, the criminal history category is calculated as follows: Category I - 0 or 1 Category II - 2 or 3 Category III - 4, 5, 6 Category IV - 7, 8, 9 Category V - 10, 11, 12 Category VI - 13 or more According to the Federal Sentencing Commission's recommendations, the following method is used to determine the points for category determination: (a) 3 points for each prior sentence of imprisonment exceeding 13 months; (b) 2 points for each prior sentence of imprisonment of at least 60 days; (c) 1 point for each prior sentence not counted above for a maximum of 4 points; (d) 2 points added if the crime for which the defendant has been charged in federal court was committed while on probation, parole, supervised release, imprisonment, work release or escape status; (e) 1 point for each prior conviction of a... --- ### Types of OUI Charges in Maine > Explore the various types of OUI charges in Maine and the implications of each impaired driving charge in our comprehensive article. - Published: 2019-11-23 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/types-of-oui-dui-charges-in-maine/ If you are stopped by police and believed to be intoxicated by drugs or alcohol, you will be arrested on suspicion of OUI. But it doesn’t stop there. Many other factors such as your OUI history and the circumstances of your arrest will come into play. The more of these factors that are present, the higher the class of the OUI charges you will face. Updated: January 2025 According to Maine Law, Title 29-A §2411, criminal OUI is as follows: 1-A. Offense. A person commits OUI if that person: Operates a motor vehicle: While under the influence of intoxicants; or While having an alcohol level of 0. 08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; Criminal OUI in Maine According to Maine Law, Title 29-A §2411, criminal OUI is as follows: 1-A. Offense. A person commits OUI if that person: Operates a motor vehicle: While under the influence of intoxicants; or While having an alcohol level of 0. 08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; What happens if you get an OUI in Maine? If you're convicted of an OUI (Operating Under the Influence) in Maine, the consequences can be severe. Even a first-time offense can potentially lead to up to 364 days in jail, a fine of up to $2,000, and a driver's license suspension for up to three years. For more serious OUI offenses, such as those involving injury or death, penalties escalate significantly, including the possibility of several years in prison and a lifetime license revocation. Maine's OUI laws are strict, and even the minimum penalties can have a significant impact on your life. Types of OUI Charges in Maine There are many types of OUI and OUI-related charges. All of them should be taken seriously as a conviction can have long term effects on... --- ### Maine Stalking & Harassment Defense Attorneys > A guilty stalking or harassment charge in Maine are serious. We recommend consulting an experienced criminal lawyer. Call us now. - Published: 2019-11-23 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-stalking-defense-attorney/ Stalking involves harassing, threatening, or engaging in behavior that a reasonable person would interpret as threatening. There are many factors that must be met in order for a person's actions to be interpreted as stalking. Your actions must be interpreted by the average person to threaten one of the following according to §210-A of Maine's criminal code: To suffer serious inconvenience or emotional distress; To fear bodily injury or to fear bodily injury to a close relation; To fear death or to fear the death of a close relation; To fear damage or destruction to or tampering with property; or To fear injury to or the death of an animal owned by or in the possession and control of that specific person. Actions can be anything from e-mails and phone calls to following the alleged victim. For these reasons, it can be easy for a misunderstanding to occur. In fact, the offender does not have to be aware that their actions are causing distress in order to be charged with stalking. Domestic Violence and Stalking in Maine When an offense like stalking occurs between two people with an intimate relationship, it can be considered domestic violence. Maine law defines a close relationship as “a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior 6 months regularly resided in the household or any person with a significant personal or professional relationship” There are many charges that are associated with domestic violence but do not actually involve violent behaving. Offenses like stalking involve harassment and threats, but that does not mean that they are minor charges. A stalking offense can... --- ### Maine Reckless Driving Defense Attorneys > In Maine, reckless driving (driving to endanger) convictions can result in some serious consequences and heavy penalties. Call us today! - Published: 2019-11-23 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/maine-reckless-driving-attorney/ When you are accused of committing a driving offense, but you were not intoxicated and did not cause a loss of life, you may be charged with driving to endanger. Reckless Driving in Maine This is a very broad law that leaves a lot of room for interpretation. Because of this, there are many circumstances that can lead to a charge for driving to endanger. Under Title 29-A §2413: Driving to endanger is defined as the following: A person commits a Class E crime if, with criminal negligence as defined in Title 17-A, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven. Basically, any driving offense that is extreme can lead to a driving to endanger charge. If police believe that your actions deserve beyond a simple traffic ticket, you could face these charges. No accident or property damage has to have occurred, either; reckless driving implies that something could have easily happened. Some examples include: Driving under the influence, Excessive speeding, Using a cell phone or texting while driving, Swerving in between lanes, Disobeying street signs. This is only a sample of what can lead to a reckless charge. If an accident is caused due to your reckless driving and someone is badly hurt, you can face additional charges for an aggravated offense. Aggravated driving to endanger is much more serious and is treated as a Class C crime. Wet reckless VS OUI offenses in Maine Common strategy OUI lawyers use to help their clients get great results is working with the prosecution to get their... --- ### Maine Burglary Defense Attorneys > Allegations of robbery are very serious, and the state of Maine is likely to vigorously pursue a conviction. Avoid jail time. Call us today! - Published: 2019-11-23 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-burglary-defense-attorney/ Facing burglary charges in Maine requires a skilled defense strategy. At The Maine Criminal Defense Group, our seasoned attorneys specialize in navigating the complexities of burglary cases, offering strategic and personalized defense to secure the best possible outcome. Whether you're dealing with allegations of breaking and entering or facing the aftermath of a property-related incident, trust our experienced team to vigorously advocate for your rights. We understand the nuances of Maine's legal landscape and are committed to constructing a robust defense tailored to your specific situation. Your future and freedom matter – let us guide you through the intricacies of burglary charges with unwavering expertise and dedication. What is Burglary in Maine? In order for an offense to be charged as burglary, the offender must enter or surreptitiously remain in a building that they are not allowed to be in with the intent of committing a crime. A building can be anything from a business to a home to a school or even a public park after closing hours. The offender does not have to forcibly enter the structure either. For example, if you forget to lock your car and later find that someone entered it and took your stereo; that is a form of burglary. Unlike robbery, burglaries do not require anyone to be present. In fact, most burglaries occur when a building is unoccupied. Another unique aspect of burglary is that nothing actually has to be taken. All that matters is the intent to commit any crime and the illegal entrance. So in a situation where a person enters a home but is then scared away by a dog or home alarm system, they could be found guilty of burglary because they broke into your house... --- ### OUI Aggravating Factors in Maine > Maine law states certain factors are classed as aggravating the OUI offense, making it all the more serious and increasing penalties. - Published: 2019-11-23 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-dui-aggravating-factors/ If you are stopped by police in Maine with a BAC over .08%, or displaying evidence of drug intoxication, you can be arrested for OUI. On its own, an OUI conviction can have a lot of negative consequences. Even a first-time DUI can result in probation, community service, fines and more. To make matters worse, if certain factors are involved in your arrest, you can face even steeper penalties. These are referred to as aggravating circumstances and they can lead to serious consequences and even felony charges on top of your DUI offense. What are the aggravating factors of an OUI in Maine? There are several aggravating factors that can affect your DUI charges. The more circumstances that are involved in your arrest, the more serious the charges. Most first time DUI offenses will not result in jail time unless an aggravating factor in involved. Anything that makes your drunk driving case more complicated or shows that you were exceptionally negligent can be considered an aggravating circumstance. Some of the most common aggravating factors include the following situations. High BAC The legal blood alcohol concentration (BAC) for an adult driver over 21 in Maine is . 08%. A BAC of . 15% or over is considered to be exceptionally high. If you are arrested for OUI and have a BAC over . 15%, you face extra punishment for driving under while very intoxicated. Additional penalties for high BAC offenders include a minimum of 48 hours in jail. Excessive Speeding Another common factor that can increase OUI charges and lead to at least 48 hours of jail time is driving at excessive speeds while under the influence. In fact, many DUI arrests begin as speeding stops. If you are stopped by police for driving 30 mph or more over the speed limit,... --- ### Maine Criminal Speeding Defense Attorneys > If you're facing criminal speeding charges anywhere in Maine our dedicated attorneys are here to protect your rights. Contact us now. - Published: 2019-11-23 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/maine-criminal-speeding-attorney/ There are strict laws that drivers must obey when it comes to speed limits. Under Maine Criminal Code Title 29-A section 2074: “An operator shall operate a vehicle at a careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing.” Updated: August 15, 2024 Most roads and streets have posted speed limit markers. If a driver fails to obey the speed limit laws, they may be subject to a traffic infraction. In some circumstances, however, a driver can go over the speed limit restrictions by so much that they will face criminal charges. This is referred to as Criminal Speeding. What is Criminal Speeding in Maine? According to Criminal Code Title 29-A section 2074. 3, a person who operates a vehicle more than 30 miles per hour (mph) over the speed limit can be charged with criminal speeding. In order for a criminal speeding charge to be placed, police must document three facts: The stated speed limit of the road The actual speed that the driver was operating at That the actual speed the driver was operating at was 30 mph or more over the legal speed limit Maine law Title 29-A section 2075. 4 lists the ways that a driver’s speed can be measured. They include: Radar; An electronic device that measures speed by radio microwaves, laser or otherwise; or A device that measures, in any sequence, a selected distance traversed by a motor vehicle operated by the law enforcement officer and the time required by another motor vehicle to traverse that same distance, and computes therefrom the average speed of the other vehicle. Penalties for criminal speeding charges in Maine Criminal speeding in Maine is a Class E offense. The recommended sentencing for a Class E conviction is... --- ### Maine Kidnapping Defense Attorneys > Kidnapping in Maine has harsh penalties and, if charged, remains a serious problem with life changing consequences if convicted. Call us. - Published: 2019-11-22 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-kidnapping-attorney/ One of the most serious criminal offenses a person can be accused of in Maine is kidnapping. Kidnapping is, basically, when one person restrains another person with criminal intent. The specifics of the law are important because there are several other charges that are very similar to kidnapping, such as criminal restraint. Under Maine's Criminal Code, Title 17, Chapter 13, Section 301, a person can be charged with kidnapping if either of the following applies: The defendant restrains another person (the victim) on purpose with any of the following intentions: To hold the victim for ransom or reward To use the victim as a hostage or shield To inflict bodily harm or sexual assault on the victim To terrorize the victim or a third party In order to facilitate the committal of another crime To interfere with the performance of a government or political function The defendant restrained another person (the victim) on purpose: In a manner that exposes the victim to a serious risk of injury To hold the victim in a place where they are not likely to be found What is Kidnapping in Maine? The reasons for kidnapping are not important for a charge to be placed. All that matters is that a defendant purposefully restrained another in any of the above circumstances. According to Maine law, the definition of restraining is as follows: "To restrict substantially the movements of another person without the other person's consent or other lawful authority. " A defendant can restrain a... --- ### Maine Assault Defense Attorneys > Our experienced team provides expert defense against assault charges in Maine. We'll protect your rights navigating the legal complexities. - Published: 2019-11-22 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/maine-assault-defense-attorney/ When it comes to assault charges in Maine, having The Maine Criminal Defense Group and William Bly on your side is crucial. As experienced criminal assault lawyers, we understand the gravity of these cases. Under Maine law Title 17-A, §207, assault is defined as intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person. Our team knows that even accusations arising from minor incidents can result in severe penalties. Trust The Maine Criminal Defense Group, led by William Bly, to fight for your rights. We'll skillfully navigate the complexities of your case, ensuring a strong defense strategy tailored to your unique situation. Types of assault in Maine Understanding the classifications and penalties for assault charges is essential. In Maine, assaults are categorized into different levels based on severity, including simple assault, aggravated assault, and elevated aggravated assault. Each offense carries distinct legal definitions and potential consequences under Maine law. As experts in criminal defense, The Maine Criminal Defense Group can provide comprehensive insights and guidance to help you navigate the complexities of assault charges effectively. Let's explore the characteristics and distinctions of each assault type to gain a deeper understanding of the legal landscape. Assault In Maine, assault is a Class D crime, as defined under state law Title 17-A, §207. It encompasses intentional, knowing, or reckless acts that cause bodily injury or offensive physical contact to another person. Regardless of the severity, this offense covers a wide range of actions resulting in harm or offensive... --- ### Maine Marijuana & Minors Defense Attorneys > Maine has legalized marijuana for both medicinal and recreational use but that does not mean that it's legal minors or teens to consume. - Published: 2019-11-22 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-marijuana-minors-defense-attorneys/ While the state of Maine has legalized marijuana for both medicinal and recreational use, that does not mean that it's legal for anyone to consume. The law still prohibits underage use of marijuana, and minors can face criminal charges if they are found in possession of the drug or using it. One of the biggest exceptions to Maine's law allowing recreational marijuana is that it only applies to adults over the age of 21. People under 21 can still get arrested and charged for illegal possession of marijuana, even though Maine allows the drug to be used recreationally. Transporting Marijuana as a Minor in Maine Minors can also face criminal charges in Maine for transporting marijuana under Maine Statute 22 § 2389. While transporting marijuana may sound like just a particular instance of possessing marijuana, it can also include a wider range of conduct. Most importantly, minors can get arrested and charged with transporting marijuana if they are driving a car and a passenger in the car is in possession of marijuana. In these cases, the minor driver will not be in possession of the marijuana himself or herself – in fact, the minor driver may not even know about the drug's presence – but could still face charges for transporting it. Drug Paraphernalia & Minors in Maine Minors can also be arrested for possessing paraphernalia associated with marijuana use, like: Bongs, Roach clips, Pipes, Grinders,or Vaporizers. While Maine's recreational marijuana law allows adults to have these objects, minors are still prohibited from using them or even having them. Sharing Marijuana with a Minor in Maine Minors are not the only people who can get into legal trouble when someone underage has or uses marijuana. Adults can also face criminal charges for contributing to the delinquency of a minor if he... --- ### Maine Domestic Violence Criminal Threatening Attorneys > In Maine, if a person threatens anyone within their household, then they can face the serious charge of criminal threatening. Call us now. - Published: 2019-11-22 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-criminal-threatening-attorney/ Criminal threatening in Maine involves causing someone to fear imminent bodily injury through words or actions, often proven through the victim’s testimony. Criminal threatening in Maine occurs when a person places a domestic partner in fear of imminent bodily injury. This fear is typically established through the victim’s testimony, which may describe the defendant’s statements and physical actions that led them to believe they were about to be struck, strangled, or otherwise harmed. An example would be if the defendant uttered the phrase “I’m going to punch your face in” and then punched the wall right next to his wife’s face. That type of conduct would absolutely qualify as domestic violence criminal threatening. Understanding the nuances and legal definitions of domestic violence criminal threatening is crucial for anyone facing such charges. At The Maine Criminal Defense Group, our experienced attorneys are dedicated to providing the strongest possible defense for individuals accused of these serious crimes. Let's delve deeper into what constitutes domestic violence criminal threatening in Maine and explore how we can help protect your rights. What is criminal threatening in Maine? In Maine, domestic violence criminal threatening, defined under Title 17-A §209-A, occurs when someone threatens a family member, household member, or dating partner with harm. This can be charged as a Class D crime. If the person has prior convictions for similar offenses or related violations, the penalties can be more severe, including higher charges and longer sentences. This law aims to protect individuals from threats within domestic or intimate relationships and ensures stricter consequences for repeat offenders. Criminal threatening penalties in Maine If convicted of a crime of Domestic... --- ### Maine Sex Crimes FAQ's > Explore our frequently asked questions to understand Maine's sex crime laws, potential defenses, & penalties. Call us to protect your rights. - Published: 2019-11-22 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-sex-crimes-frequently-asked-questions/ Maine Sex Crimes Frequently Asked Questions Sex crime offenses are complicated because there is so much that can happen outside the courtroom. The collateral consequences or a mere accusation of a sex offense – no matter how groundless – can cripple a career or cause extreme personal friction with those closest to you. Here are answers to some of the most frequently asked questions that the sex crime defense lawyers receive at MCD Group in Portland, Maine. Common penalties for sex crimes in Maine Facing accusations of sex crimes in Maine is a serious matter that can lead to severe legal consequences. Penalties vary based on the severity of the offense, ranging from fines and imprisonment to mandatory registration as a sex offender. Understanding these potential penalties is crucial for anyone charged or accused of such crimes. Maine classifies sex crimes into several categories, each carrying specific penalties: Class A Felonies: These are the most severe offenses, such as gross sexual assault involving victims under 12 years old. Convictions can result in imprisonment for up to 30 years and fines of up to $50,000. Class B Felonies: These include offenses like gross sexual assault involving victims aged 12 to 14. Penalties can involve up to 10 years in prison and fines of up to $20,000. Class C Felonies: Offenses such as unlawful sexual contact without penetration fall into this category, with penalties of up to 5 years in prison and fines of up to $5,000. Class D Misdemeanors: Less severe... --- ### Maine Federal Bank Robbery Defense Attorneys > Federal government takes bank robbery seriously. Incarceration in a federal prison can range from 10 to 25 years with hefty fines. call now! - Published: 2019-11-20 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-federal-bank-robbery-attorney/ Robbing a bank sounds like something that only happens in heist movies. It's a classic crime that Hollywood has used repeatedly in its plots. However, in reality, it actually happens quite a bit. The Federal Bureau of Investigation (FBI) reported that, in 2011 alone, there were about 5,000 bank robberies. All told, these robberies resulted in more than $30 million being stolen, and over 100 people being killed. However, because it's a federal offense, the penalties that you could face, if convicted for bank robbery, are severe. They can include hefty fines and multiple decades behind bars. What you need to know about federal bank robbery charges Everything about the federal law against bank robbery, 18 U. S. C. §2113 is broad and wide-reaching. The law covers a lot of different types of conduct, people, and institutions. Not only does the law make it illegal to take, or even to attempt to take, anything that the bank owns or has custody of, but it also makes it illegal to receive or transfer anything that you know was stolen from a bank. Because the law is not just limited to the money in a bank, this means that you can get charged for bank robbery if you walk out of a bank with something that doesn't belong to you, like one of the bank's chairs: The law against bank robbery outlaws taking property, not just funds. Additionally, you could face charges for bank robbery even for attempting to commit a heist, regardless of whether it's successful. Like everything else about this law, an attempt to commit a bank robbery is interpreted broadly: You can face charges for entering a bank with the intention to commit a robbery, even if you don't end up doing it. The law is even far-reaching when... --- ### Maine Federal Drug Distribution Defense Attorneys > Drug distribution or drug trafficking & illegal import of drugs is a serious federal crime. Speak with Maine criminal defense lawyer now! - Published: 2019-11-20 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/maine-federal-drug-distribution-attorney/ The US has two sets of criminal laws for which its citizens must abide: state law and federal law. As a result of the differences between state and federal laws, there are major sentencing differences for state crimes and federal crimes. A person could actually violate the criminal law of the state and the US Criminal Code. In some areas, state and federal laws overlap, and thus, you could face both state charges and federal charges for the same conduct. Drug distribution, or drug trafficking, is one of these areas. You can also face state charges in Maine for drug trafficking. Here, we'll go over federal drug distribution charges. Federal Drug Distribution in Maine Like the state of Maine, the federal government categorizes regulated drugs, which it calls “controlled substances,” into a list of “Schedules. ” While Maine's drug laws have four Schedules, federal drug laws have five: Schedule I is for drugs that have a high potential for abuse, and no currently accepted medical use in the U. S. These include many types of opiates and their derivatives, as well as several hallucinogens. Included in Schedule I drugs are heroin, codeine, morphine, and marijuana. Schedule II is composed of drugs that also have a high potential for abuse, which can lead to severe psychological or physical dependence on the drug. However, there are acceptable uses of the drug for medical treatment. Schedule II includes many types of opiates and methamphetamine. Schedule III drugs have a moderate potential for abuse, which can lead to high psychological dependence, or moderate physical dependence, on the drug, but which also has accepted the medical value. Here, you'll find stimulants, depressants, anabolic steroids, and narcotics. Schedule IV lists drugs that have low abuse potential, and... --- ### Maine Federal Drug Possession Defense Attorneys > Facing federal drug possession charges? Protect your future with an experienced Maine criminal attorney. Don't let a conviction derail you. - Published: 2019-11-20 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-federal-drug-possession-attorney/ Unlike state laws, which only apply within the confines of the specific state, federal laws apply to everyone in the United States, equally. However, because the federal government has a lot more to take care of than each individual state, there are fewer federal laws, and they are more concerned with “big picture” problems. As a result, federal laws typically cover extremely serious, wide-ranging offenses, leaving state laws to deal with localized issues. Such federal laws have some pretty serious penalties, so facing federal charges is a serious situation. Oftentimes, a state charge that might carry a few months as a likely punishment, could result in a decade or more of hard prison time for the equivalent federal offense. When it comes to sentencing and punishment recommendations, the federal government is often behind the times. One of the ways that they live in the past is when it comes to drugs. The federal government still thinks that drug possession is enough of a “big picture” problem to warrant having tough federal laws, with draconian sentences, to wage its “War on Drugs. ” This results in small-time drug addicts and petty dealers getting massively disproportionate sentences. Controlled Substance Possession Federal Schedules Like the state of Maine, the federal government categorizes regulated drugs, which it calls “controlled substances,” into a list of “Schedules. ” While Maine's drug laws have four Schedules, federal drug laws have five: Schedule I Schedule I is for drugs that have a high potential for abuse, and no currently accepted medical use in the U. S. These include many types of opiates and their derivatives, as well as several hallucinogens. Included in Schedule I drugs are heroin, codeine, morphine, and marijuana. Schedule II Schedule II is composed of drugs that also have a high potential for abuse, which can lead to severe... --- ### Maine Domestic Violence Terrorizing Defense Attorneys > Terrorizing is a serious charge in Maine. Any charges of domestic violence carry the real possibility of jail time & lengthy probation. - Published: 2019-11-20 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-terrorizing-attorney/ Domestic violence terrorizing is a serious charge in Maine. In fact, any charges of domestic violence carry with them the very real possibility of jail time and a lengthy period of probation. What is Domestic Violence Terrorizing? Domestic Violence Terrorizing is defined as follows: The victim must be a domestic partner or dating partner of the defendant, as defined by Title 17-A §210-B of the Maine Statutes. The defendant must make a threat to commit an act of violence, which is dangerous to human life and does in fact cause the person who this threat was communicated to, to be placed in reasonable fear of the act being carried out. An example of Domestic Violence Terrorizing would be calling your wife that you were coming home in a couple of hours and that when you arrive, you’re going to shoot her in the face. Your wife would likely be fearful of you carrying out this threat and a call to the police would be warranted. The prosecution faces serious proof problems when charging Domestic Violence Terrorizing, as they normally involve a household family member who is not interested in seeing the defendant prosecuted for the crime committed. It’s important to note that if a threat of violence is only verbally communicated and there is no physical assault, these cases are incredibly difficult to prove. Normally, an act of violence accompanies the threat and in those cases, it becomes much easier to prove the underlying threat. If you’ve been previously charged with any crime of domestic violence or you’ve previously violated a Protection from Abuse Order, you’re at risk for being charged with a Class “C” Felony Domestic Violence Terrorizing crime. Section 210-B... --- ### Maine Domestic Violence Reckless Conduct Attorneys > We'll help you get fair representation for the serious charge of domestic violence reckless conduct in Maine. Request a consultation now. - Published: 2019-11-20 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-reckless-conduct-defense-attorney/ Reckless conduct is a relatively vague term that can include a huge variety of activities. It can occur in a lot of different scenarios and has a wide range of applications and penalties that can attach to it. It doesn't take a skilled attorney to realize that "Reckless Conduct" is a very wide-reaching law. As one of the violent crimes that can happen in the state of Maine, however, it is far from a trivial thing to face criminal charges for reckless conduct. What is Reckless Conduct in Maine? In Maine, "Reckless Conduct" is a legal term used to describe a specific criminal offense under Title 17-A of the Maine Revised Statutes. According to §211, a person is considered to have committed Reckless Conduct if they engage in conduct that creates a substantial risk of serious bodily injury to another person. It's defined in Title 17-A, §211 of Maine's criminal law: “A person is guilty of reckless conduct if he recklessly creates a substantial risk of serious bodily injury to another person. ” Reckless Conduct involves a higher degree of carelessness and disregard for the safety of others than mere negligence. It goes beyond a simple accident and implies a conscious decision to act in a manner that puts others at risk. What does "Recklessness" Means in Maine? Legally speaking, "recklessness" is a state of mind. It fits somewhere in between knowing what you're doing (acting with knowledge) and not knowing what you're doing (acting negligently). Recklessness is actively disregarding... --- ### Maine Theft by Deception Defense Attorneys - Published: 2019-11-20 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-theft-by-deception-attorney/ Even though the basic idea of theft is simple, there are lots of different laws regarding theft. This is largely because the state of Maine has decided that some ways of stealing something are more serious than others, and should carry harsher punishments. As a result, there are a lot of complex problems that can be difficult to keep straight, even though it all started with something incredibly simple. According to the laws of Maine, basic theft is “obtaining or exercising unauthorized control over the property of another with the intent of depriving the other person of the property. ” However, because there are lots of different ways for someone to “obtain or exercise unauthorized control over the property of another,” there are lots of laws that deal specifically with each of these different ways of doing it. Theft by deception is one of them. What is Theft by Deception in Maine? There are countless ways of deceiving someone. The possible lies that can be told in any given situation are literally infinite. It's not uncommon, or difficult, really, to use deception to get someone else's property. The theft laws of Maine, however, see five different ways of deceiving someone. We'll start off by summarizing them, before going through the most specific, complex ones in more depth. Under Maine law, theft by deception occurs if you steal someone else's property by intentionally: Creating or reinforcing a false impression that you do not believe to be true, Failing to correct a... --- ### Maine Snowmobile Violation Defense Attorneys > Snowmobiles are subject to many strict conditions under Maine law. Talk to an experience criminal defense lawyer about your rights today. - Published: 2019-11-20 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-snowmobile-violation-attorneys/ In many areas of Maine, the sound of a snowmobile is as familiar as birds chirping in the morning. In some places, it can be nearly year-round. The popularity of snowmobiling in the state is astounding, though not surprising, considering how snowy and rural it is in the northern scopes of Maine. With approximately 100,000 snowmobile registrations and more than 13,500 miles of groomed trails, the state of Maine knows how popular the activity has become, and has enacted numerous laws and regulations to make sure that it's done in a safe, and non-destructive, way. Snowmobile Registration With only small exceptions, snowmobiles have to be registered in order to be used on the trails in Maine. For Maine residents, new registrations can only be done through a registration agent, or at the Department of Inland Fisheries and Wildlife office, in Augusta. Renewals can be done online or using a paper application. Both require a small fee. Non-Maine residents can make new registrations or renew old registrations online. Registrations are good for a year, though non-residents have the option of getting a 3-day registration, as well. After registering, your registration stickers will arrive in the mail. These stickers must be displayed on the snowmobile, and the registration certificate must be presented to law enforcement if they request to see it. Snowmobile Violations There are numerous ways of driving a snowmobile unsafely. To protect snowmobilers, the laws of Maine have described many ways of driving that will result in snowmobile drivers being penalized. Drivers are required to stop for both uniformed law enforcement, as well as landowners when they are requested to do so. Additionally, snowmobile operators have the responsibility of notifying law enforcement of any accidents or injuries on the trails. Snowmobile drivers can't drive on plowed roads, or public highways, if there... --- ### Maine Criminal Trespass Defense Attorneys > In Maine, criminal trespass is when a person enters or remain in or on another's dwelling, house, building, boat, wharf, or pier without any legal authority. - Published: 2019-11-20 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-criminal-trespass-attorney/ Navigating allegations of criminal trespass in Maine demands a nuanced understanding of the state's legal landscape. At The Maine Criminal Defense Group, our seasoned attorneys recognize the delicate balance between enjoying the great outdoors and respecting individuals' property rights. Whether you're accused while hunting, snowmobiling, hiking, or simply relishing nature, we understand the complexities of Maine's criminal trespass law found at 17-A §402. Trust our experienced team to advocate for your rights and craft a strategic defense that addresses the specifics of your situation. Your ability to enjoy Maine's outdoors and your legal standing matter – let us guide you through the intricacies of criminal trespass charges with unwavering expertise and dedication. What is criminal trespass? Trespassing is the act of going onto someone else's property, despite knowing that you're not allowed to do so. When it's not a heightened charge of aggravated trespass, criminal trespass is a relatively minor offense, but is still surprisingly complex. What are the penalties for criminal trespass in Maine? The penalties for trespassing depend on where you were charged to have trespassed. Aggravated criminal trespassing is a Class C felony crime. This means that it comes with maximum penalties of five years in jail, and $5,000 in fines. The most serious form of criminal trespassing, not including aggravated trespassing, is if you were charged with entering someone else's house, or dwelling. If this is the case, the charge is for a Class D misdemeanor. The maximum fine that you could face would be $2,000, and the maximum jail time would be 364 days. All other types of trespassing are Class E misdemeanors, which come with a maximum fine of $1,000, and a maximum prison sentence of 180 days. These types of criminal trespass include: Entering any structure that is locked or barred, Entering any place that is properly marked, or fenced, to keep trespassers out, Entering any... --- ### Maine Shoplifting FAQ - Published: 2019-11-20 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-theft-attorney/shoplifting-faq/ Shoplifting is a surprisingly common criminal allegation that you can face in the Portland area. Just because it is common, though, does not mean it is trivial. The repercussions of a conviction for shoplifting can include fines and jail, but what is often overlooked is the effect of having a criminal record and the impact that can have on the quality of your life. The Portland Maine criminal defense lawyers at Maine Criminal Defense Group answer some of the most commonly asked questions about shoplifting law in Maine. What are the Penalties of a Shoplifting Conviction in Maine? It depends on what was allegedly stolen and how valuable it was. Most shoplifting allegations involve something valued under $500. These are Class E crimes that carry up to 6 months in jail and up to $1,000 in fines. Shoplifting charges involving more valuable items carry higher penalties, as do allegations of shoplifting a gun or using a deadly weapon during the offense. Once these fines are paid and the jail time served, though, the penalties of a shoplifting conviction linger on. For example, people who have been convicted of shoplifting are almost guaranteed to never be hired in the retail industry, and other employers are sure to frown on a past conviction. Shoplifters are also likely to get banned from the store, sometimes for life. Are There Ways to Reduce the Penalties of a Shoplifting Conviction in Maine? Yes. Depending on circumstances like your criminal history and the evidence that the... --- ### Maine Marijuana OUI Defense Attorneys > Maine's OUI charges apply not only to alcohol but to all other intoxicants including marijuana that can carry heavy penalties. Call us. - Published: 2019-11-20 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/maine-marijuana-oui-attorney/ The law of operating under the influence (OUI) in Maine prohibits driving while intoxicated by anything that can impair your ability to drive. This includes drugs like marijuana as well as alcohol. While the law is the same for marijuana as it is for alcohol, the way police enforce drugged driving is much different from how they enforce drunk driving. As a result, defending against OUI charges that involve marijuana is different, as well. Marijuana OUI Laws in Maine In Maine, the law prohibiting OUI is written down at Maine Revised Statute 29-A §2411. This law penalizes anyone who “operates a motor vehicle” while either: Under the influence of intoxicants; or Having a blood alcohol content (BAC) at or above the legal limit of 0. 08%. The first possibility makes OUI law broad enough to include people who are not drunk, but who are feeling the effects of any intoxicating substance. This includes: Illegal drugs, like heroin, cocaine, LSD, or ecstasy; Semi-illegal drugs, like marijuana; Prescription drugs like sleeping pills; Over-the-counter medication, like allergy pills that can cause drowsiness; or even Caffeine. How does Law Enforcement Detect Drugged Driving in Maine? While Maine's OUI law includes almost any impairing drug under the sun in addition to alcohol, that does not mean that drugged driving and drunk driving are treated the same by police. Simply put, police have breathalyzers and blood tests that can quickly determine an OUI suspect's BAC, which can show whether a driver is per se over the legal limit of 0. 08%. When it comes to drugged driving, though, there is no legal limit of THC that makes a driver per inebriated, and no reliable way to even detect... --- ### Maine Federal Kidnapping Defense Attorneys > If you're facing federal kidnapping charges in Maine, Trust us for expert legal guidance and our dedicated federal criminal defense strategy. - Published: 2019-11-20 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-federal-kidnapping-defense-attorney/ While it still seems like the type of crime you hear about in movies or read in mystery books, kidnapping does exist, and it can be a federal crime, with very serious penalties. While many states have their own laws against kidnapping, certain circumstances could mean that you would face federal kidnapping charges, instead of state charges; or, even in addition to state charges. This post is about the federal version of these laws, which you can find at 18 U. S. C. §1201. This law is also known as the Lindbergh Law because it was passed following the historic kidnapping of Charles Lindbergh's son. Federal Kidnapping Charges The act of kidnapping includes unlawfully taking someone away, or confining them, for a ransom or other reward. In order to get convicted for the federal offense of kidnapping, the prosecutor in the case has to prove several things beyond a reasonable doubt: You transported someone across state lines, The person you brought over state lines did not consent to it, You held that person for ransom, reward, or some other gain, and You acted willingly and knowingly. Any of these elements can be difficult for a prosecutor to prove in any given case, and often show holes that a good criminal defense attorney can exploit, and use to acquit of the charges. For example, two of these elements require the prosecutor to show that there was a required mental state, which is difficult to prove. Trafficking an individual across state lines that did not consent Step 2 requires the prosecutor to prove that the person who was brought over state lines did not consent to be brought there. This requires the prosecutor to get... --- ### Maine Aggravated Assault Defense Attorney > Have you been charged with Aggravated Assault in Maine? You need a tenacious aggravated assault lawyer who can fight for your rights. - Published: 2019-11-20 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-aggravated-assault-attorney/ Aggravated Assault: A Serious Violent Crime in Maine Aggravated assault is one of the most serious types of assault charges in Maine, second only to offenses like murder, attempted murder, or gross sexual assault. It is categorized as a violent crime and typically involves inflicting serious bodily injury on another person—often with a weapon or under circumstances showing extreme indifference to human life. Social attitudes and legal standards surrounding assault have evolved significantly in recent decades. What might have once been treated as disorderly conduct can now lead to felony prosecution and years of incarceration. For example, an act like striking someone with a beer bottle—especially if it results in hospitalization—can now be prosecuted as aggravated assault. The Maine criminal justice system is both complex and heavily weighted in favor of the prosecution—especially in cases involving violent crimes. Prosecutors are often aggressive in seeking the maximum penalties, and individuals who attempt to navigate the system without experienced legal counsel place themselves at serious risk. If you’re convicted of aggravated assault in Maine, you face up to 10 years in prison, a $10,000 fine, and a lengthy probation period. At The Maine Criminal Defense Group, we know how to challenge the evidence, assert your rights, and fight for the best possible outcome in these high-stakes cases. What is Considered Aggravated Assault in Maine? Under Title 17-A, §208 of the Maine Criminal Code, a person commits aggravated assault when they intentionally, knowingly, or recklessly cause serious bodily injury under particularly dangerous or... --- ### Maine Criminal Mischief Defense Attorneys > Criminal mischief is not the most seriousoffence, but our Maine lawyer's can make a difference in the outcome of your case. Call us. - Published: 2019-11-19 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-criminal-mischief-attorney/ Property crimes are things that you can do to someone else's property that the state of Maine has determined should be illegal. You can contrast property crimes with violent crimes which, in Maine, are crimes against a person, rather than against property. Because we can all agree that people are more important than things, laws prohibiting property crimes carry lesser penalties for breaking them than laws prohibiting violent crimes. There are numerous ways to commit property crime. Among them are theft, arson, burglary, and larceny. All of these actions harm someone else's property, by either damaging it, destroying it, or taking it for yourself so they can't use it. What is "Criminal Mischief" in Maine? Another type of property crime is criminal mischief, often referred to in Maine as vandalism. The most important part of Maine's criminal mischief law states: “A person is guilty of criminal mischief if that person intentionally, knowingly, or recklessly damages or destroys the property of another, having no reasonable grounds to believe that the person has a right to do so; damages or destroys property to enable any person to collect insurance proceeds for the loss caused; or tampers with the property of another, having no reasonable grounds to believe that the person has the right to do so, and thereby impairs the use of that property. ” There are several important elements to this law that can impact the outcome of a case. An experienced criminal defense attorney can help you understand each of these factors. What are the Penalties for Criminal Mischief in Maine? If you do end up getting convicted for criminal mischief, the potential penalties on the table include jail time and fines. For general criminal mischief, a Class D misdemeanor, the penalty is up to 364 days in jail and up to $2,000 in fines. On top of the amount in fines, you could also deal with a motion... --- ### Maine Property Crime Defense Attorneys > Have you been accused of theft or property crime in Maine? Contact Maine Criminal Defense Group to speak with an experienced lawyer today. - Published: 2019-11-19 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-property-crime-defense-attorney/ You can break down most crimes commited into two broad categories: Property crimes, and violent crimes. Violent crimes are those that directly threaten actual people. They include crimes like murder, rape, robbery, and aggravated assault. Because they are directed at a person and are meant to harm that person, violent crimes are serious offenses, and carry stiff penalties. Property crimes, on the other hand, don't involve a threat of violence. Instead, they deal with property either taken from someone else, or destroyed, or damaged in some way. Property crimes include burglary, larceny, motor vehicle theft, and arson. While these crimes can end up including violence in some form, harming someone else is not the object of these crimes – they are meant to inflict harm on property, instead, and so are called “property crimes. ” Because these kinds of crimes don't intend to hurt a person, penalties for property crimes are often less serious than those for violent crimes. Are Property Crimes Common in Maine? Property crimes are much, much more common than violent crimes. This may not seem like the case, if you watch the news, but remember that violent crimes are much more noteworthy than property crimes. A murder is often seen as a big deal. A burglary, not so much. Therefore, a local murder will make headlines in a newspaper, while a local burglary will be hidden in the Police Blotter section on page 12. In reality, according to a study done by the Muskie School of... --- ### Maine Civil Violation Defense > We are recognized throughout Maine as a pre-eminent civil violation defense firm that provides quality counsel & representation. Call us. - Published: 2019-11-19 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/maine-civil-offenses-attorney/ It may not always be clear whether an action is considered criminal or civil violation. Moreover, the civil violation process may be vague and/or confusing. The attorneys at The Maine Criminal Defense Group have extensive experience handling matters involving criminal defense and will be able to provide clarity on where your matter resides. For more information on civil violations read on. Civil Actions in Maine First and foremost, if you wish to bring a civil lawsuit against another party in Maine, OR if you have been sued as a named party in a civil action, it is highly advisable that you contact and seek legal representation from an experienced, competent, and successful attorney who specializes in Maine’s civil laws and procedures. In light of that very important caveat, you may conclude that there are numerous civil laws, court procedures, and rules that govern civil actions brought in Maine – with respect to both substantive and procedural requirements. And you would be absolutely correct. One example includes the applicable statute of limitations, which sets forth the relevant timeframe within which you can initiate civil actions. So, do the substantive and procedural rules and laws that govern Maine’s civil actions apply to civil violations? Are Civil Violations a Special Type of Civil Action in Maine? The short answer is: No. Despite its name, the “civil violation” came into existence through a modification of Maine’s Criminal Code. Specifically, when Maine’s legislature enacted Section 4-B of Chapter 1, of Maine’s Criminal Code, it created a special class of less-serious civil actions known as civil violations. Guidance Provided by Courts Regarding Civil Violations in Maine From time to time, the Administrative Office of the Courts of Maine publishes various handbooks and guides regarding some issues commonly faced by Maine’s citizens. One such publication is The Judicial Branch Citizen’s Guide to the Maine Courts, which generally describes... --- ### Maine Federal Murder Defense Attorneys > If you're facing federal murder charges turn to The Maine Criminal Defense Group. Our strategic defenses prioritize your freedom. Call us! - Published: 2019-11-19 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-federal-murder-defense-attorney/ Typically, individual states draft and institute their own criminal laws, which is why something might be legal in Maine, but illegal in New Hampshire. The federal government, however, has a tremendous amount of criminal laws on the books, including prohibitions against drug possession or trafficking, kidnapping, and bank robbery. The federal criminal laws can trump state laws, but only if the federal government has jurisdiction – the power to regulate – the conduct they prohibit. One common way for the federal government to gain jurisdiction is when the prohibited conduct crosses state lines like drug trafficking often does. This allows the federal government to step in and take control of the situation. One of the criminal laws that the federal government has passed is the crime of murder. This law is slightly different from the law against murder in Maine and requires special circumstances for the federal government to gain jurisdiction. It also comes with different penalties than Maine's law against murder. The Federal Law Against Murder According to federal law, murder “is the unlawful killing of a human being with malice aforethought. ” There are several complicated pieces of this law: First, for it to be murder, a killing had to have been unlawful. There are “lawful” killings, such as when you were defending yourself and killed your attacker. This is called “self-defense. ” If you were charged with a federal murder charge, and it was later found that you were defending yourself when the other person died, then you will not be convicted for the crime. Second, a death has to be caused “with malice” for it to be a murder, under the federal law. Malice is an intention to do the deed or “evil intent. ” While this might sound like something out of a fantasy... --- ### Maine OUI Manslaughter Defense Attorneys > Recovering from an OUI manslaughter charge in Maine. Our highly tenacious team can help you navigate the best path forward. Call us. - Published: 2019-11-19 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/maine-oui-manslaughter-attorney/ Updated: May 21, 2025 While most cases of operating under the influence (OUI) in Portland, Maine begin with a traffic stop, some of the most severe begin with a car accident. Criminal charges of OUI that involve a car crash are far more severe than those that do not, and accidents that produce an injury or a fatality are even more significant. In fact, Maine is one of the states in the U. S. where drivers who are found to be under the influence of alcohol or drugs and who have caused a fatal car crash can be charged with manslaughter. These OUI manslaughter charges carry extremely steep penalties and consequences if convicted. Having an OUI defense lawyer like those at Maine Criminal Defense Group on your side can make sure your side of the story gets heard, your rights get invoked, and your future is preserved. OUI manslaughter charges in Maine There are special provisions in Maine's OUI law – Maine Revised Code 29-A §2411– that deal with drunk or drugged driving situations that result in a fatal crash. In particular, §2411(1-A)(D) enhances a typical OUI offense when any of the following circumstances are in play: There was an accident that caused a “serious bodily injury” There was a fatal accident The suspect has either a prior OUI manslaughter conviction or a prior felony-level OUI conviction If any of those factors are involved in an OUI case, the penalties that could be on the table increase substantially. The most severe enhancement to an OUI charge in Maine is when the incident involved a fatal crash. This raises an OUI charge to OUI manslaughter. Manslaughter is an unlawful, but unintentional, killing of another person. This includes deaths that are caused by someone else’s recklessness or criminal negligence. In Maine, the law treats driving while under the influence of drugs or alcohol as... --- ### Maine Arson Defense Attorneys > Arson is the act of intentionally, or recklessly, causing a fire or explosion damaging property. If you've been charged with Arson, call us. - Published: 2019-11-19 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-arson-defense-attorney/ The crime of arson is one of many in a class of crimes called “property crimes.” These are crimes that involve either damage to property, the taking of someone else's property, or both. Facing arson charges in Maine demands a seasoned legal ally. At The Maine Criminal Defense Group, our expert attorneys specialize in navigating the intricacies of arson cases, offering strategic defense to secure the best possible outcome. Being accused of arson in Maine is a serious matter that can lead to felony charges, significant prison time, and life-altering consequences. Whether you're facing false allegations or dealing with the legal repercussions of a fire-related incident, having a skilled defense attorney is crucial. At The Maine Criminal Defense Group, our experienced legal team understands the complexities of Maine’s arson laws and builds strategic defenses to protect your rights. We work tirelessly to challenge the prosecution’s evidence, expose weaknesses in their case, and fight for the best possible outcome. Your future and freedom are at stake. Contact us today to discuss your arson defense strategy with a dedicated Maine criminal defense attorney. Arson defined in Maine Maine takes property crimes seriously, however, imposes especially severe penalties for arson – likely due to the high risk of fires spreading uncontrollably, risking both property and lives. The crime of arson is found at 17-A §802(1) of Maine's criminal code: A person is guilty of arson if he starts, causes, or maintains a fire or explosion; On the property of another with the intent to damage or destroy property thereon; or On his own property or the property of another With the intent to enable any person to collect insurance proceeds for the loss caused by the fire or explosion; or Which recklessly endangers any person or the property of another. Reading this statute, it's clear that there are two different types of arson, depending on who owns the property that gets affected,... --- ### Maine Manslaughter Defense Attorneys > In Maine, a driver that kills another person due to negligence, drugs or an OUI may face manslaughter or even heavy murder charges. Call us. - Published: 2019-11-19 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-manslaughter-defense-attorney/ A manslaughter charge is one of the most serious criminal charges that you can face in the state of Maine. Belonging to the highest class of felony crimes, a conviction for manslaughter can results in substantial time behind bars, and a hefty fine. The seriousness of a charge for manslaughter makes having a good criminal defense attorney on your side an absolute necessity. When facing the serious and complex legal matter of manslaughter charges, it's essential to have a skilled and experienced legal team by your side. At The Maine Criminal Defense Group, we understand the gravity of these accusations and are dedicated to providing unwavering support and expert defense strategies to protect your rights and advocate for your best possible outcome. What is Manslaughter? Manslaughter, like murder, involves killing someone. However, it is not murder, because there are factors surrounding the death that make it a slightly less serious offense. These are often called “mitigating factors,” and are the difference between murder and manslaughter. One of the differences between a charge for murder and one for manslaughter is the state of mind of the person behind the killing. A murder requires that the person intentionally, or knowingly, causes the death. If the death is only caused recklessly or is caused by criminal negligence, then it's manslaughter, instead. Recklessness is someone's state of mind when they actively, or consciously, disregard the risk that their conduct will lead to a certain result. Someone with a reckless state of mind isn't necessarily... --- ### Maine Fishing Regulation Defense Attorneys > Navigate Maine's fishing regulations with the help of our attorneys who offer robust defense for anglers facing legal challenges. - Published: 2019-11-19 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-fishing-regulation-attorney/ For many people, there's no better escape from the grind of daily life than to pack up the fishing rods and head for the lake. In a state like Maine, where the outdoors are such a great place to relax and there's so much of it to enjoy, fishing is a popular pastime. However, if you don't know the state's fishing laws, taking a trip to one of Maine's nearly 6,000 ponds can quickly lead to the trouble and headaches that you're looking to get away from. General Fishing Laws in Maine Faced with having to find a balance between letting people enjoy the outdoors now, and keeping enough fish in the waters for future generations to enjoy, as well, Maine's Department of Inland Fisheries and Wildlife regulates various aspects of fishing, such as the number and size of fish that can be caught, as well as when and where you can fish. The complexity of making sure that there will be enough for everyone, both now and years from now, is daunting, and has created a haze of regulations, with many lakes, ponds, and rivers having their own, specific rules. Generally, there are rules that regulate the fish you can catch by species, number and size: Minimum Length Type of Fish Daily Bag Lakes & Ponds Rivers, Streams & Brooks Brook Trout (includes Splake and Arctic char) 5* 6 inches 6 inches Landlocked Salmon 2 14 inches** 14 inches** Togue (Lake Trout) 2 18 inches 18 inches Brown Trout 2 14 inches** 6 inches** Rainbow Trout 2 12 inches 6 inches Bass (large and smallmouth) 2 10 inches, with only 1 exceeding 14 inches Pickerel 10 None Whitefish 3 None Smelts 2 quarts None Northern Pike Unlimited None Muskellunge Unlimited None American Eel 25 9 inches Shad 2 None Striped Bass 1... --- ### Maine Poaching Defense Attorneys > Worried you could be charged with a poaching violation? The tenacious legal team at The Maine Criminal Defense Group can help. - Published: 2019-11-19 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/maine-poaching-attorney/ With so much land, wilderness, and wildlife in the state, Maine is very concerned with how people hunt and fish inside its borders. If the state didn't make extensive regulations and enforce them as much as possible, people from all over the region would come to Maine and hunt and fish until there wasn't anything left. That's why the Department of Inland Fisheries and Wildlife has made rules for hunting and fishing, such as when and where you can and can't hunt, and how much you can take. Violating these laws is poaching. Poaching is a serious problem, both for those who do it and for those who don't. Poachers, if caught, can face serious penalties, and can lose their hunting or fishing registrations, sometimes forever. Landowners and other members of the public who don't poach suffer, as well – every deer that a poacher kills is one less that can be seen and enjoyed while on a hike through the woods. Poaching Penalties in Maine One way of poaching is to hunt out of season. The penalties for out-of-season hunting in Maine are some of the highest in the country, and depend on the kind of animal being hunted: Crime Class Jail Time Fine Bear, Deer, or Moose D Misdemeanor Minimum of 3 days for the first offense, and 10 days for subsequent offenses Minimum $1,000 Wild Turkey E Misdemeanor None Minimum $500 Another common way of poaching is to exceed your bag limit, which limits the number of certain animals that you can hunt in a year. Again, Maine has some of the toughest laws in the country when it comes to poaching, and exceeding your bag limit is no exception: Bag Limit Crime Class for Exceeding Limit Jail Time Fine Bear 2 D Misdemeanor Maximum of 180 days Minimum $1,000 Deer or Moose... --- ### William H. Ashe - Published: 2019-11-13 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/profiles/william-h-ashe/ William H. Ashe In 2018, Attorney Ashe joined Maine Criminal Defense Group as Of Counsel. In his capacity as Of Counsel, Attorney Ashe represents our clients on a wide range of criminal matters, including state & federal drug trafficking charges, DUI / OUI charges, violent felonies, sex crimes, Fish & Game violations and bail hearings in connection with a wide variety of criminal matters. Oftentimes, Attorney Ashe will be tasked to handle important motion hearings, judicial conferences, bail hearings, plea and sentencing hearings. Attorney Ashe is the consummate "utility fielder" for Maine Criminal Defense Group. Attorney Ashe is also a Registered Maine Guide and his experience as a Registered Maine Guide has proven invaluable to our clients who've been charged with Title 12 violations. Attorney Ashe is a graduate of Gettysburg College in Pennsylvania where he majored in Political Science and American Government, graduating Cum Laude. Following his graduation from Gettysburg College, Attorney Ashe went on to study law at The University of Maine, School of Law in Portland, Maine. Upon graduating Cum Laude in 2009, Attorney Ashe went on to work for a well-known criminal defense firm in southern Maine, where he quickly rose up the ranks, attaining the title of Senior Associate. During that time, he was responsible for litigating some of the most serious criminal cases on that law firm's docket. Attorney Ashe has extensive motion practice and trial experience. He's represented thousands of the criminally accused over the years and has conducted hundreds of motions to... --- ### Our Legal Team - Published: 2019-10-31 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/profiles/ Maine Criminal Defense Legal Team We are knowledgeable and compassionate and will work to help you get results that you are not only happy with, but that were reached in a fair and compromising manner. Firm Administration --- ### Contact Us - Published: 2019-06-14 - Modified: 2025-06-10 - URL: https://www.notguiltyattorneys.com/contact-us/ Contact The Maine Criminal Defense Group Watch Our Team Video Ready to Get Started? Contact Our Firm Today! If you are facing criminal charges or an OUI/DUI offense in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys. Our Office Kennebunk Office MAIN OFFICE (By Appointment only) 119 Main StreetKennebunk, ME 04043P: 207-571-8146 View Directions Portland Office SATElLITE OFFICE (By Appointment only) 19 Commercial StreetPortland, ME 04101P: 207-292-5736 View Directions Brunswick Office SATElLITE OFFICE (By Appointment only) 14 Maine Street, Suite 212 Brunswick, ME 04011 P: 207-305-3799 View Directions --- ### Home > The Maine Criminal Defense Group provides skilled representation for OUI / DUI's and all criminal defense cases, to protect your rights. - Published: 2019-06-14 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/ When you need your life back on track The Maine Criminal Defense Group Our legal team provides professional andaggressive criminal defense representation in order to secure your freedom and your future. When you are charged with an OUI/DUI or another crime and require skilled negotiators with extensive trial experience, we are your experienced advocates, focused on protecting your rights and reaching the best outcome. Schedule a Meeting Schedule a Meeting Practice Areas The Maine Criminal Defense Group has over 50 years of experience defending clients OUI/DUI and criminal charges across Maine. Protect your rights with our skilled defense team committed to achieving the best outcome for your case. OUI/DUI/DWI Domestic Violence Sex Crimes Criminal Defense Drug Crimes Traffic Offense Federal Crime Defense Title IX Child Pornography Crimes of Violence White Collar Crimes Fish, Game, Boating, ATV+ Dedicated Legal Representation For All OUI & Criminal Lawyer Needs in Southern Maine WE FIGHT TO HAVE YOUR CHARGES DISMISSED If you have been charged with sexual assault, an OUI/DUI, drug possession, domestic violence or any other type of crime in Maine, you have come to the right place. At MCDG, we provide professional and committed criminal defense and OUI representation, exceeding the expectations of our clients. Professional excellence requires passion, and we believe that means investing our heart and soul into the work we do to secure your freedom and your future. We are results driven – working together to achieve the maximum impact and effect for you, our client, each and every... --- ### Maine Federal Child Pornography Defense Attorneys > Contact us to schedule an appointment with The Maine Criminal Defense Group to discuss your federal child pornography charges. - Published: 2012-11-02 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-federal-child-pornography-attorney/ Facing federal child pornography charges in Maine demands an immediate and strategic legal response. At The Maine Criminal Defense Group, we comprehend the severity of these allegations and the harsh penalties associated with federal convictions for the possession or distribution of child pornography. Whether your case originates in state or federal court, our seasoned attorneys are equipped to provide robust defense tailored to the unique challenges posed by federal charges. We understand the nuanced legal landscape surrounding child pornography offenses and are dedicated to safeguarding your rights. Trust us to navigate the complexities of federal law and construct a comprehensive defense strategy aimed at securing the best possible outcome in the face of these serious charges. Your freedom and future are our priority, and we're committed to guiding you through this challenging legal process with unwavering expertise and determination. Federal Child Pornography Example Let's use an example to illustrate how things work in federal court. I have a fictitious client. His name is Joe Q. Citizen. Joe is 50 years old. Single. A recluse. Not much of a social life. Joe suffers from alcohol addiction and is clinically depressed. Joe is also online. All the time. Joe likes to hang out in chat rooms and over the years, has developed a dark secret. He likes child pornography. The age of the children ranges from 12 - 15 years old. All girls. One day Joe is online at his favorite chat room where he likes to trade porn. A new person comes into the chatroom and asks Joe if he has any pix to trade. Joe says yes and ultimately, they exchange approximately 30 child pornography pics. Unbeknownst to Joe, his new friend is a federal agent. The pics that Joe received are corrupted,... --- --- ## Posts ### Sealing of a Criminal Conviction in Maine > Sealing a criminal conviction in Maine can protect your future. Learn who qualifies, how the process works, and why a skilled attorney makes it easier to succeed. - Published: 2025-05-25 - Modified: 2025-06-12 - URL: https://www.notguiltyattorneys.com/sealing-maine-criminal-conviction/ - Categories: Criminal Defense, Criminal Record A criminal conviction usually appears on criminal records for life in Maine, potentially impacting the individual’s employment, education, travel, housing, immigration status, and more. However, certain low-level misdemeanor convictions can be sealed, meaning that they do not show up on most background checks. For instance, those convicted of marijuana-related offenses have the right to apply to the Maine courts to seal the records related to their convictions, as marijuana was decriminalized in the state in 2017. Law changes made in Maine in August 2024 amended the eligibility criteria for sealing convictions, making it easier for those convicted of certain offenses, and reducing the impact on their futures. The changes amended two main elements of the laws: Removal of the age-related prerequisite for sealing criminal history. Allowing people to apply to get their criminal histories sealed for marijuana crimes that are now no longer criminal offenses. Other proposals exist to adjust criminal record sealing eligibility in Maine and potentially allow automatic record sealing for convictions for decriminalized acts. Let’s look at the relevant laws as they stand now and how sealing criminal convictions works. Difference Between Sealing and Expunging Criminal Records in Maine In Maine, criminal records cannot generally be expunged or completely erased from the record, as in some states. However, if the court grants a pardon, as it may in exceptional cases, the conviction records are erased, so that no entity or agency can access them (similar to an expungement). Limited court powers also exist to seal some adult... --- ### OUI Driving Patterns Officers Look for as Signs of Intoxication > Learn the common driving patterns Maine officers use to detect OUI. Know what triggers a stop and how to challenge evidence in OUI/DUI cases. - Published: 2025-05-15 - Modified: 2025-06-11 - URL: https://www.notguiltyattorneys.com/oui-driving-patterns-signs-of-intoxication/ - Categories: OUI / DUI / DWI OUI cases in Maine usually start when a law enforcement officer pulls over a vehicle. From that point, many things can happen but if the officer even has a slight suspicion that a driver has been drinking, the likely outcome is field sobriety tests, breath tests, and possibly other chemical tests. Depending on the results of these tests, license suspensions may result and criminal charges may be filed. For these reasons, OUI stops should be taken very seriously. It helps to understand the driving patterns that officers look for as signs of intoxication before deciding to stop a vehicle, the signs they look for during field tests, and how to challenge results that lead to an OUI charge. Here’s what you need to know. Driving conduct associated with impaired driving Police officers on patrol in Maine, like everywhere in the U. S. , look for particular types of driver conduct to establish the “reasonable suspicion” usually necessary for an OUI stop. They cannot simply pull over a vehicle on a whim but, instead, look for certain driving patterns, especially at nighttime and on weekends/holidays. An infraction such as speeding, running a red light or failing to signal at a turn usually provides the reason to stop the vehicle. If the driver has not been drinking, a traffic ticket may result. If the officer suspects the driver has consumed any alcohol, a series of field tests will likely be performed to check if the driver is under the influence or impaired.... --- ### Unauthorized Dissemination of Private Images in Maine > Accused of sharing private images in Maine? Learn the penalties, legal options, and how a defense attorney can help protect your future. - Published: 2025-05-13 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/unauthorized-dissemination-of-private-images-in-maine/ - Categories: Sexual Exploitation, Sexual Exploitation of a Minor Unauthorized Sharing of Private Images in Maine: What You Need to Know The unauthorized dissemination of private images has become a growing legal issue in today’s digital world, where smartphones, social media, and instant messaging make it easier than ever to capture and share content. In fact, sharing intimate images can now be as effortless as posting vacation photos—which is why many states, including Maine, have strengthened laws in recent years to address this serious offense. Since 2015, the legal consequences in Maine for disseminating private images without permission can be severe. Convictions for these offenses can result in a permanent criminal record and possible jail time, as well as other consequences. Let’s consider the offense in more detail and cover what you need to know if you or a loved one is being investigated or has been charged under these laws. What Is the Unauthorized Dissemination of Certain Private Images? Under the provisions of 17-A M. R. S. §511-A, a person commits the crime of unauthorized dissemination of certain private images if: They intentionally display or publish an image (a photograph, videotape, film or digital recording) of another person with the intent to harass, torment or threaten the depicted person. The depicted person is at least partially nude or engaged in a sexual act. The image was taken or provided under circumstances where the depicted person had a reasonable expectation of privacy. There is no public or newsworthy purpose to the images. The dissemination was done without the depicted... --- ### Statutory Rape Laws and Age of Consent in Maine > Learn about statutory rape laws and age of consent in Maine. If you've been accused, understand the charges, penalties, and defense options. - Published: 2025-04-30 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/statutory-rape-laws-and-age-of-consent-in-maine/ - Categories: Age of Consent, Statutory Rape In Maine, it is illegal for a person to have consensual sexual activity with a minor younger than 16, with a few exceptions. For anyone accused or charged with statutory rape based on the age of consent laws, it’s important to understand that these accusations need to be taken very seriously. Charges for several criminal offenses may apply, including gross sexual assault, sexual abuse of a minor, or a sexual contact crime. The severe consequences of a conviction usually include incarceration for 1-5 years. The most serious offenses are considered gross sexual assault, with consequences including 30 years of imprisonment —plus other penalties. Let’s go a little deeper into these laws. What is the Age of Consent in Maine? Under Maine’s age of consent laws, minors under the age of 16 are incapable of giving informed consent to sexual activities. Anyone suspected of breaching these laws can be accused of statutory rape and charged with one of several sexual crimes. Whether the child consented or not is immaterial. Some exceptions recognize the difference between a mature adult engaging in sexual activity with a minor and another close-in-age individual doing the same. It should be remembered, however, that any non-consensual sexual activity with another individual is illegal in Maine, regardless of age. Exceptions to the Age of Consent Laws in Maine If the minor is over the age of 14 and the defendant is less than five years older, consensual sexual acts between the two are not considered statutory rape. .... --- ### Albion Man Indicted on 11 Counts of Child Sex Crimes in Kennebec County > Albion man faces 11 child sex crime charges in Kennebec County. Trial underway in Augusta for alleged sexual assault, contact, and exploitation. - Published: 2025-04-22 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/albion-man-indicted-11-counts-child-sex-crimes-kennebec-county/ - Categories: Child Exploitation, child pornography, Sex Crimes AUGUSTA, Maine — A 44-year-old Albion, Maine man, Sean M. Eori, is on trial at the Capital Judicial Center after being indicted on 11 charges involving the alleged sexual assault and exploitation of a child in Kennebec County. Prosecutors allege that between 2019 and 2022, Eori engaged in repeated acts of sexual abuse against a girl he had known since she was a baby. The abuse started taking place after she turned 13 years old. According to Assistant District Attorney Amanda Seekins, Eori had a sexual relationship with the girl lasting over 18 months, during which he assaulted her in multiple locations, including aboard his boat, at his home, at his business, and in campers. The most serious charge, a Class A felony count of gross sexual assault, alleges Eori engaged in a sexual act with a child under the age of 14 between January 2019 and January 2021. He also faces three counts of unlawful sexual contact, two counts of sexual abuse of a minor, one count of sexual exploitation of a minor, and four counts of possession of sexually explicit materials involving children under the age of 16. During the first day of trial, jurors were shown a video in which the victim described the alleged assaults, stating Eori "always had a loaded gun on him" and warned her of "consequences" if she told anyone. She also alleged that he coerced her into sending nude photographs of herself. Eori has pleaded not guilty. His attorney, Walter McKee, told... --- ### Best Defense Strategy for Combating a Domestic Violence Charge > Charged with domestic violence? Learn effective defense strategies & how The Maine Criminal Defense Group can help protect your rights. - Published: 2025-04-15 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/best-defense-strategy-for-combating-maine-domestic-violence-charge/ - Categories: Domestic Violence - Tags: domestic violence Defending Maine domestic violence charges Being charged with domestic violence in Maine is a serious legal matter with consequences that can impact your freedom, reputation, and future. Whether the allegation involves a spouse, partner, or family member, the legal system treats domestic violence cases with urgency and severity. At The Maine Criminal Defense Group, we understand what's at stake. Our experienced criminal defence lawyers work to build strong, strategic defenses tailored to the specific facts of your case. In this article, we explore some of the most effective legal defenses to domestic violence charges in Maine—and how the right strategy can help protect your rights and your future. What is domestic violence in Maine? Title 17-A §207-A of the Maine Criminal Code provides the definition of domestic violence in Maine. It involves abuse directed at a “family or household member” or “dating partner,” which includes: Current or former spouses Parents of the same child Adult household members Minor children, and Individuals living together or who are/were in a sexual relationship Anyone accused of domestic violence may be charged with criminal offenses such as assault, criminal threats, terrorizing, stalking, reckless conduct, or breaches of protection orders. Common misconceptions regarding domestic violence A popular misconception about domestic violence is that the abuse is physical. Physical abuse is the type most commonly reported to the authorities (including hitting, slapping, punching, or the use of a weapon) but it may also be emotional, psychological, or even financial. Domestic violence encompasses threats of violence or... --- ### Sexual Exploitation of a Minor Laws in Maine > Charged with sexual exploitation of a minor in Maine? Learn the law, penalties, and how a defense attorney can help protect your rights. - Published: 2025-04-09 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/maine-sexual-exploitation-of-minor-laws/ - Categories: child pornography, Sexual Exploitation of a Minor Updated: May 22, 2025 Sexual exploitation of a minor in Maine is a felony with serious consequences, including prison and sex offender registration. If you're facing charges involving child pornography or online solicitation, The Maine Criminal Defense Group can help protect your rights. Sexual exploitation of a minor is a severe offense in Maine with life-altering consequences. This crime involves persuading or enticing a minor into sexual acts, often aggravated by technology or travel. Convictions can lead to harsh penalties, including prison time and mandatory sex offender registration. If you’re facing these charges, it is critical to understand your legal options and act quickly. The Maine Criminal Defense Group has the experience and expertise to challenge the evidence, protect your rights, and build a strong defense to pursue the best possible outcome. Child pornography cases are rising in Maine Maine has observed an increase in child pornography cases, influenced by evolving digital platforms and file-sharing technologies. Cases involving multiple explicit materials or content featuring very young children often lead to enhanced state charges. If the material includes extreme elements such as bestiality or violence, the severity of the charges escalates further. Federal authorities pursue cases when substantial factors exist, like cross-state distribution or large-scale networks. In circumstances where both child solicitation and child pornography are involved, legal strategies become more complex, demanding focused defense approaches. Understanding these intricacies is crucial to addressing such allegations effectively. How is child pornography defined in Maine? Maine law addresses child pornography within the broader context of crimes involving the exploitation of minors. It includes the creation, possession, distribution, or solicitation of explicit material involving minors under certain statutes. Solicitation of a child to commit a prohibited act in Maine (§259-A) Title 17-A §259-A, Solicitation of a child... --- ### How Can I Defend Against a Maine Sexual Assault Charge? > Learn how to defend against Maine sexual assault charges, challenge false accusations, and protect your rights with our defense attorneys. - Published: 2025-03-25 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/how-to-defend-against-maine-sexual-assault-charge/ - Categories: Sex Crimes, Sexual Assault Many individuals accused of sexual assault find themselves tried in the “court of public opinion” and immediately branded as “guilty. ” This is unfair and contrary to the principles of criminal law in this country. Wrong accusations of sexual assault are common and while the reputational damage can still take some time to repair, the consequences of a criminal conviction may never completely go away. It is essential to protect your rights and defend false sexual assault charges vigorously with the help of a seasoned criminal defense lawyer. Here’s what you need to know about defending the charges. What to do immediately after being charged with sexual assault Sexual assault is any non-consensual sexual act. Charges for sexual assault have severe legal and personal consequences, which make your actions immediately after an arrest very important. If you’re accused of this offense, try to avoid saying too much to defend yourself in the aftermath. Instead, take a breath and consider the following steps to help your legal position: Preserve any available evidence In the immediate aftermath of an alleged sexual assault, you should preserve any physical evidence available at the scene, such as clothing, condoms, or other items used, and documentation of any injuries. Do not launder the clothing. In most cases of sexual assault, there are few or no witnesses to the incident. However, witnesses may have seen actions before the incident that can help corroborate your version of events. If possible, retain the contact details of these individuals to... --- ### Maine Criminal Drug Charge Sentencing > Facing a criminal drug charge in Maine? Sentencing varies by offense but penalties can include fines, jail time, & felony records. Learn more. - Published: 2025-03-06 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maine-criminal-drug-charge-sentencing/ - Categories: Drug Crimes If you are convicted of a drug crime in Maine, your sentence will depend on four main factors: the type of drug involved (classified into four schedules), the amount of the drug possessed, the nature of the activity (e. g. , possession, trafficking, manufacturing), and your criminal history. Other factors may be considered and can elevate or reduce the penalties. Either way, however, the sentence is likely to be severe, especially if other factors aggravate the crime and require judges to impose a mandatory minimum sentence. Let us take a closer look at what you can expect from criminal drug charge sentencing in Maine. Drug schedules in Maine In Maine, drugs schedules are split into four different categories that help to determine the severity of the crime charged: Schedule W drugs are considered the most serious and include heroin, cocaine, oxycodone, and methamphetamine. Schedule X drugs include hallucinogens like psilocybin (mushrooms) and hashish. Schedule Y drugs include certain prescription drugs like codeine and diazepam. Schedule Z drugs are considered the least serious and include any drugs not categorized above. Drug sentencing in Maine There are five classifications of crime in Maine. The maximum period of incarceration and fine for a drug crime will depend on its classification, as follows: Class A crime: a felony punishable by up to 30 years in prison and a $50,000 fine. Class B crime: a felony punishable by up to 10 years in prison and a $20,000 fine. Class C crime: a felony punishable by... --- ### What to Expect After a Child Pornography Charge > Charged with child pornography in Maine? Learn what to expect next and how a skilled defense lawyer can help protect your rights. Call us. - Published: 2025-03-01 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/what-to-expect-after-a-child-pornography-charge/ - Categories: child pornography Facing a child pornography charge is one of the most daunting and life-altering experiences anyone can endure. These charges carry severe consequences, including potential prison time, hefty fines, and mandatory registration as a sex offender. Beyond the legal penalties, the personal and professional toll can be devastating, affecting your relationships, reputation, and future opportunities. The stigma alone can feel overwhelming, making it crucial to understand what lies ahead. In Southern Maine, navigating these charges requires immediate action and a clear strategy. The legal process is complex, with both state and federal laws imposing harsh penalties depending on the specifics of your case. Whether it's possession, distribution, or creation, the stakes are high, and every detail matters. With the guidance of experienced professionals like The Maine Criminal Defense Group, you can take the first steps toward protecting your rights and building a strong defense. Understanding Child Pornography Charges Child pornography charges are among the most severe felony offenses under both state and federal law. These charges involve the creation, possession, distribution, or access of visual material depicting minors in sexually explicit acts or lewd displays. Federal law, including United States Code Title 18 Section 2256, defines minors as individuals under the age of 18. Material doesn't need to depict actual sexual acts; sexually suggestive imagery can also lead to charges. Penalties for these offenses include lengthy prison sentences, substantial fines, and mandatory registration as a sex offender. The repercussions can extend further, impacting your reputation, relationships, and employment opportunities. Each jurisdiction... --- ### Solicitation of a Minor Laws in Maine > Charged or accused of solicitation of a minor in Maine? Our attorneys have the skills to protect your rights. Call now for a strong defense. - Published: 2025-02-28 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-solicitation-of-a-minor-laws/ - Categories: child pornography, Solicitation of a Minor Solicitation of a minor is a criminal offense where an individual who engages in a conversation with a minor solicits or asks the minor to meet up to partake in a sexual act or other prohibited act. You may hear this offense referred to as meeting with a minor for lewd purposes or online solicitation of a minor. The key to understanding the solicitation of a minor laws in Maine is that no sexual conduct or even meeting with the minor is necessary for charges to be pressed. Solicitation is simply asking the minor to meet or partake in sexual acts. Let us consider the relevant laws, penalties, and possible defenses for the solicitation of a minor in Maine. Solicitation of a child to commit a prohibited act in Maine In Maine, it is illegal for adults to be involved in sexual activity with a minor under the age of 16. Prohibited activities include sexual acts, sexual contact, and sexual exploitation of a minor. Specifically, the law relating to the solicitation of a child to commit a prohibited act, Title 17 §259-A, states the following: A person is guilty of soliciting a child to commit a prohibited act if: The actor, with the intent to engage in a prohibited act with the other person, knowingly solicits directly or indirectly that person by any means to engage in a prohibited act and the actor: Is at least 16 years of age, Knows or believes that the other person is less than... --- ### How a Domestic Violence Conviction Can Affect Your Life > A Maine domestic violence conviction can impact your career, custody rights, gun ownership, & freedom. Learn how we can protect your future. - Published: 2025-02-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/how-a-domestic-violence-conviction-can-affect-your-life/ - Categories: Domestic Violence - Tags: domestic violence A domestic violence conviction can have serious consequences in Maine Assault, criminal threatening, and reckless conduct in domestic settings can all be classed as domestic violence in Maine—and criminal charges can be filed against the accused. Once an arrest for domestic violence has been made and charges are filed, the situation is out of your hands. As the situation calms down—even if nobody was hurt in the incident, criminal charges may still be pursued. This remains the case even if the complainant believes they overreacted and wants to withdraw the complaint. The harsh reality is that charges cannot simply be dropped on the say-so of the complainant or a criminal defense lawyer. Types of domestic violence offenses in Maine Domestic violence takes many forms in Maine, including all forms of physical, emotional, verbal, and sexual abuse committed in a domestic setting, encompassing acts committed to intimidate or control the victim or cause the victim emotional distress. Technically, domestic violence is any violence committed against family or household members, including dating partners and ex-partners. The main types of domestic violence are: Domestic violence assault This is assault as defined by Section 207 of the Maine Criminal Code where the victim is a family member or a member of the same household as the accused. Domestic violence criminal threatening Criminal threatening is when an individual knowingly places a family or household member in fear of imminent bodily injury—such as being shot, stabbed, strangled, struck, etc. Domestic violence terrorizing Terrorizing is if an... --- ### Skowhegan Woman Charged with OUI After Head-On Collision with Maine DOT Plow Truck > A Skowhegan woman faces OUI charges after a head-on crash with a Maine DOT plow truck on Route 2. Learn about the local OUI incident. - Published: 2025-01-31 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/skowhegan-maine-woman-charged-with-oui-after-head-on-collision/ - Categories: OUI / DUI / DWI January 11th, 2025, in Skowhegan, Maine, a Maine Department of Transportation plow truck sustained a head-on collision caused by a drunk driver on Route 2, as reported by law enforcement. Chief David Bucknam of Skowhegan Police confirmed the crash occurred around 10:15 p. m. Saturday on Canaan Road, a section of Route 2, near the Malbons Mills Road intersection. Witness accounts revealed that a 2011 GMC Terrain SUV, traveling east on the wrong side of Route 2, struck the oncoming plow truck, which was carrying a load of sand. Investigators identified the SUV driver as 53-year-old Mary Fournier, a Skowhegan resident. She exhibited severe intoxication and required assistance to exit her vehicle. Emergency services transported Fournier to Redington-Fairview General Hospital, where she received treatment for minor injuries. Police noted that the plow truck operator did not report any injuries. Authorities disclosed that Fournier was driving under a conditional license imposed after a 2019 OUI conviction. Following the incident, she received a summons for OUI and lane violations related to Saturday’s crash. OUI penalties in Maine Maine enforces strict penalties for operating under the influence (OUI). If your blood alcohol content (BAC) is . 15 or higher, the law imposes a mandatory minimum jail sentence of 48 hours. Refusing to submit to a chemical test results in even harsher consequences, including a mandatory minimum jail sentence of 96 hours. Keep in mind that Maine applies a 10-year "look-back" period when considering prior offenses, meaning any OUI conviction within the last decade... --- ### What Does "Suspended Sentence" Mean in Maine? > Learn what a "suspended sentence" means in Maine, including how a judge can reduce or delay incarceration based on various factors and conditions. - Published: 2025-01-10 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/what-does-suspended-sentence-mean-in-maine/ - Categories: Criminal Defense, Suspended Sentence The legal term for sentencing a convicted criminal is not required to serve is called a suspended sentence. A suspended sentence is handed down during the sentencing portion following a plea or a trial. The judge presiding over a trial has the authority to decide whether or not to suspend all or a portion of the defendant's sentence. Some of the factors may be based on prison overcrowding, a person's criminal background, evidence of remorse, mitigating factors and many other factors, which are too numerous to list. A judge hands down a sentence first, and then decides whether to suspend a portion of it, order a period of incarceration, fine the defendant or some combination thereof. Having a professional criminal defense attorney on your side does not guarantee a fully suspended sentence or a similar result, but it can help you learn whether you can even request a fully suspended sentence during the penalty phase. Probation in Maine When a defendant is sentenced to a period of probation, the sentence normally includes a period of incarceration as well as a suspended portion of imprisonment. If the defendant violates the terms of his probation, the penalties can range from a night in jail to a revocation of the entire suspended portion of the sentence. For example, if the defendant is sentenced to 1 year of prison with 9 months suspended and 1 year of probation and the defendant later violates his probation, he could go back to prison for the remaining... --- ### Can I Get Domestic Violence Charges Dropped in Maine? > In Maine, domestic violence charges aren’t easily dropped, even if the accuser recants. Learn how a Maine criminal lawyer can help. - Published: 2024-12-11 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/how-to-get-domestic-violence-charges-dropped-maine/ - Categories: Domestic Violence - Tags: domestic violence Defending those accused of domestic violence in Southern Maine Assault, criminal threatening, and reckless conduct in domestic settings can all be classed as domestic violence in Maine—and criminal charges can be filed against the accused. Once an arrest for domestic violence has been made and charges are filed, the situation is out of your hands. As the situation calms down—even if nobody was hurt in the incident, criminal charges may still be pursued. This remains the case even if the complainant believes they overreacted and wants to withdraw the complaint. The harsh reality is that charges cannot simply be dropped on the say-so of the complainant or a criminal defense lawyer. Types of domestic violence offenses in Maine Domestic violence takes many forms in Maine, including all forms of physical, emotional, verbal, and sexual abuse committed in a domestic setting, encompassing acts committed to intimidate or control the victim or cause the victim emotional distress. Technically, domestic violence is any violence committed against family or household members, including dating partners and ex-partners. The main types of domestic violence are: Domestic violence assault This is assault as defined by Section 207 of the Maine Criminal Code where the victim is a family member or a member of the same household as the accused. Domestic violence criminal threatening Criminal threatening is when an individual knowingly places a family or household member in fear of imminent bodily injury—such as being shot, stabbed, strangled, struck, etc. Domestic violence terrorizing Terrorizing is if an individual... --- ### What Is Failure to Appear in Maine? > Failure to appear in Maine is a serious offense, seen as a court order breach, leading to harsh penalties & other criminal charges. Call us. - Published: 2024-11-20 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/failure-to-appear-maine/ - Categories: Maine Court Process - Tags: Failure to Appear Any failure to appear in Maine will be treated harshly by the justice system because it is a direct breach of a court order. Ultimately, if you have been accused of a crime and receive notice of a scheduled court appearance, be sure to attend court on the specified day and time or you could face additional felony criminal charges and penalties. What is considered failure to appear? Failure to appear is the crime of failing to attend a court-ordered hearing at the court. After a suspect is accused of a crime, several court appointments may be necessary. These appointments can range from a summons or arraignment through the trial and, if necessary, sentencing. Defendants who hire criminal defense lawyers are less likely to miss these appointments. Lawyers will inform defendants of any court dates that are mandatory to attend. If a suspect does fail to appear, a criminal defense lawyer can often mitigate the consequences. The court usually issues a bench warrant for the defendant’s arrest in failure to appear cases, creating another legal issue to address. If the accused encounters law enforcement, he or she must be arrested and brought to jail. In these situations, the prosecutor may push for the harshest possible penalties for the original crime for which you were arrested—and the judge is unlikely to act leniently if you have already breached a court-ordered appearance notice. Defendants may find that their bail applications are less likely to succeed and they must remain in jail until... --- ### Maine Woman Charged in Deadly Crash Killing Four Students Agrees to New Plea Deal > The Maine Criminal Defense Group's, William Bly's skillful representation, allowed Tavares to avoid a life-altering felony conviction. - Published: 2024-11-13 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-woman-charged-deadly-crash-killing-four-students-new-plea-deal/ - Categories: Driving to Endanger, OUI / DUI / DWI, Reckless Driving, Reckless Speeding The tragic events of a fatal car crash in 2023 that claimed the lives of four young people have finally reached a pivotal legal outcome. Noelle Tavares, a former Maine Maritime Academy student, accepted a new plea deal, allowing her to avoid severe penalties for her role in the incident. Represented by criminal defense attorney William Bly, Tavares was able to navigate the complexities of this high-profile case with a surprising yet significant outcome. Background of the drunk driving Incident The case traces back to a fatal crash that occurred on Shore Road in Castine in the fall of 2023. Tavares was a passenger in a vehicle driven by Joshua Goncalves-Radding, who was under 21 and allegedly intoxicated. Tragically, the crash claimed the lives of four college students: Brian Kenealy (20) of York, ME; Chase Fossett (21) of Gardiner, ME; Luke Simpson (22) of Rockport, MA; and Riley Ignacio-Cameron (20) of Aquinnah, MA. According to prosecutors, Joshua Goncalves-Radding was driving over 100 miles per hour when he lost control of the vehicle. The car went airborne, struck a tree, and burst into flames. It was later revealed that Joshua Goncalves-Radding had both alcohol and marijuana in his system at the time of the accident. Original Charges Against Tavares Initially, Tavares faced several serious charges which included manslaughter, aggravated operating under the influence, reckless conduct with a dangerous weapon, driving to endanger, and reckless speeding, even though she was not driving the vehicle. Prosecutors accused her of being an "accomplice or... --- ### Maine Harassment Laws: What You Need to Know > Learn about Maine harassment laws, including sexual harassment and other forms of abuse, in workplaces and beyond. Know your rights. - Published: 2024-11-10 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-harassment-laws/ - Categories: Harassment, Sexual Harassment Since Maine became the first state to pass workplace harassment laws in 1991, all employers with more than 15 employees have been required to provide sexual harassment training to their employees. Harassment in the workplace is only one form of harassment though, and there is still widespread confusion about what constitutes harassment and how it differs from abuse. Many people are also unaware of the consequences of breaching harassment laws, what you can do if you’re the victim of harassment, and what to do if you’ve been accused of harassment or abuse. Here’s what you need to know about sexual harassment and other forms of harassment and abuse in Maine—both in the workplace and beyond. What is harassment in Maine? First, let’s consider the difference between harassment, as laid out in the Maine Criminal Code: Title 17-A, §506-A, and abuse. Both are considered types of harassing conduct but there are some important differences. In Maine, harassment is defined as three or more acts of confrontation, intimidation, physical force, or the threat of physical force. To be considered harassment, these acts must: Be directed against any person, business or family Intend to harass, torment, intimidate, or cause fear Cause fear, intimidation, or threaten another person Certain acts may be considered harassment if they occur only once but violate other laws that protect civil and constitutional rights. Examples include stalking or aggravated assault. What is abuse? Abuse is defined as any of the following types of acts in Maine: Attempting to cause... --- ### Maine's DEEP Program > Maine's DEEP Program, the state-approved course for OUI offenders, focuses on preventing repeat offenses and promoting public safety. - Published: 2024-11-01 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-deep-programs-questions-answers/ - Categories: Driver Education and Evaluation Programs, OUI / DUI / DWI In most states, there are many different places that the average person can take a driving course to satisfy court requirements as related to an DUI conviction. However, in the state of Maine, there is only one place that you can take this type of course, since it is the only state-approved provider of alcohol education classes following and OUI conviction in Maine. What is Maine's DEEP Program? The Driver Education and Evaluation Program, normally referred to as DEEP, is the state's main tool for the prevention of repeat offenses, and it is a great method of keeping the public as safe as possible from those offenders charged or convicted with driving under the influence of alcohol or drugs. Types of DEEP Courses There are courses for different demographics, such as a course for offenders under the age of twenty-one and another for those who have reached the legal drinking age. Make sure when you enroll that you enroll in the appropriate program so that you can receive the proper credit from the Secretary of State. This is important, because if you do not complete the right court-approved program, you may be unable to get your driving privileges reinstated. In addition to these two classes, there are others specifically designed for out-of-state offenders, military personnel, and program completion courses. Check with your lawyer to find out which course is best in your situation. Cost Associated with Maine's DEEP Program The DEEP course series is not a free or even income-based... --- ### 2nd DUI Offenses in Maine > Facing a 2nd OUI in Maine? Expect harsher penalties. Learn what qualifies as a 2nd DUI offense and the potential consequences. Get help now. - Published: 2024-10-25 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/2nd-oui-penalties-maine/ - Categories: OUI / DUI / DWI Defending against OUI offenses in Southern Maine Anyone charged with a 2nd OUI in Maine should expect little leniency from the criminal justice system. This makes it even more important to challenge the charges and avoid a conviction. Educating yourself about what constitutes a second OUI in Maine and the potential OUI penalties for the offense is the first step. Here’s what you need to know. 2nd OUI in Maine OUI charges can be filed against anyone suspected of operating a motor vehicle while: Under the influence of alcohol or a controlled substance, including drugs or prescription medications. Having an alcohol level of 0. 08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath (the legal limit). A second-time OUI offense is committed when an individual either has a DUI conviction or a DUI-related offense within Maine or any other U. S. state within the last 10 years. This includes refusals to take a chemical test. The prior OUI essentially “aggravates” the pending charge, making the second charge even more serious than the first. 2nd OUI Penalties in Maine For a second OUI offense, the penalties become more severe. These OUI penalties can come in the form of higher fines, a longer driver suspension, and mandatory jail time. With first-time OUIs, there is a recognition that people make honest mistakes. Often, an experienced OUI lawyer can plead a case for leniency if the case cannot be dismissed. A second OUI, however, indicates to the... --- ### How to Beat an OUI Refusal in Maine > Learn how to beat an OUI refusal in Maine. With skilled legal defense, we can challenge the charge and potentially avoid severe penalties. - Published: 2024-10-10 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/how-to-successfully-beat-an-oui-refusal-in-maine/ - Categories: Implied Consent, OUI / DUI / DWI Defending against OUI Refusals in Southern Maine Did you know that it is a criminal offense to refuse to submit to a chemical test if lawfully requested to do so by a police officer at an OUI stop in Maine? If convicted, the criminal justice system will treat you even more harshly than it would a standard OUI offender. However, like with any OUI, the charge can be challenged and may be successfully fought with the right legal help from seasoned OUI lawyers. Here’s what you need to know about beating an OUI refusal in Maine. Implied consent law in Maine A driver’s license is considered a privilege and not a constitutional right in Maine. As such, it is provided (and can be withdrawn) by the State. When it comes to Maine OUI laws, anyone who holds a driver’s license in the state must submit a chemical sample for testing upon the request of a law enforcement official, provided the officer has probable cause to believe that the suspect is operating a motor vehicle while under the influence of an intoxicant. The chemical sample requested could be breath, blood, or urine and the sample requested may depend on whether the officer believes the impairment is from alcohol, drugs, or a combination of the two. The key to these cases is often whether or not the officer has “probable cause” to order the test. This means there must be a “reasonable belief” that the driver is impaired. Dangerous or erratic driving... --- ### Sexual Battery Laws in Maine > Learn about Maine's sexual battery laws, including definitions, consent, & penalties. Understand the consequences of a conviction for sexual assault. - Published: 2024-09-20 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/sexual-battery-laws-in-maine/ - Categories: Domestic Violence, Sex Crimes, Sexual Assault, Sexual Battery Sexual assault and sexual battery both refer to criminal offenses where a victim does not provide consent to sexual contact. This contact may or may not involve penetration, force, violence, or other forms of sexual abuse—any unwanted sexual contact is illegal in Maine. An individual accused of sexual battery or “gross sexual assault” in Maine faces particularly serious consequences. It is important to understand the differences between various forms of sexual abuse offenses and what a conviction can mean. What is the difference between sexual assault and sexual battery? Sexual assault and sexual battery are terms often used to differentiate between different types of sexual abuse crimes. However, “sexual battery” and “sexual assault” are not used in the federal criminal code and the Criminal Code of Maine does not refer to “sexual battery. ” Instead, “aggravated sexual abuse” is the term given to sexual battery at the federal level (sexual assault is “sexual abuse”) and in Maine, sexual battery is called “gross sexual assault” The main difference between sexual battery and sexual assault is whether an element of force or the threat of force was used. Sexual battery is the more likely charge if force or a threat of force was used, while almost any other unwanted sexual threat or contact may be classified as sexual assault. What is gross sexual assault in Maine? Gross sexual assault is the term used in Maine for sexual battery. It refers to the crime of engaging in a sex act (oral or anal... --- ### Do You Need a Lawyer for a Traffic Ticket in Maine? > Facing a traffic ticket in Maine? A lawyer can help you avoid criminal charges, reduce penalties, & protect your record. Learn when legal help is necessary. - Published: 2024-09-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/do-you-need-a-lawyer-for-a-traffic-ticket-in-maine/ - Categories: Criminal Defense, Traffic Offenses If you receive a traffic ticket in Maine, you may be facing far more than demerit points or an administrative penalty. You could be facing criminal sanctions and a permanent criminal record. Having the support of a criminal defense lawyer can help you reduce or avoid these penalties. Not all traffic offenses in Maine are criminal offenses. Minor driving offenses, such as driving a few miles per hour over the speed limit, incur administrative penalties. However, speeding more than 29 miles per hour over the limit raises the stakes and a traffic violation may become a criminal matter. If you are facing criminal driving penalties, a suitably qualified traffic ticket lawyer with good knowledge of the local court system can help to reduce the charge, prevent a conviction, and avoid the worst consequences associated with traffic tickets in Maine. Is it worth fighting a traffic ticket in Maine? Despite the temptation to avoid court and simply pay the traffic ticket fine, doing so is considered an admission of guilt in Maine. It is nearly always worth fighting a traffic ticket if serious consequences are associated with it. With a lawyer’s assistance, you will not need to attend a court hearing but could avoid many inconveniences and difficulties. For example, if you are caught performing an illegal left turn, this “minor” offense results in two demerit points. If you are already on 10 demerit points, the seemingly minor penalty of the two administrative points will result in your license being suspended.... --- ### Disorderly Conduct Charges in Maine > Disorderly conduct in Maine, even as a minor offense, can lead to a permanent criminal record. Learn about its consequences. Call for help. - Published: 2024-08-15 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/disorderly-conduct-charges-in-maine/ - Categories: Criminal Defense, Disorderly Conduct, Misdemeanor In Maine, disorderly conduct laws effectively make disturbing the peace a criminal offense. While disorderly conduct is considered one of the least serious offenses under Maine’s Criminal Statutes, it can still result in a permanent criminal record and therefore needs to be taken seriously because of its potential long-term consequences. Disorderly conduct charges may be filed against an individual for simply trying to enjoy themselves in public, provided that it disrupts other people. A lifelong criminal record is a high price to pay for this. Read below to find out more about disorderly conduct and failure to disperse, which are often connected offenses. What is disorderly conduct in Maine? In Maine, disorderly conduct is defined as “intentionally or recklessly” causing “annoyance to others” in public. The offense must usually be committed in a public place (though there are exceptions) and be intentional or reckless for disorderly conduct charges to be successfully prosecuted. Examples of disorderly conduct The criminal statutes further define the types of behavior that can be prosecuted under Maine’s disorderly conduct laws: Making loud and unreasonable noises Activating a device, or exposing a substance, that releases noxious and offensive odors, or Engaging in fighting (without being licensed or privileged to do so) Sometimes, disorderly conduct charges are filed against individuals whether or not their behavior occurs in public or private places. Examples include: Knowingly accosting, insulting, taunting, or challenging any person with offensive, derisive, or annoying words, or by gestures or other physical conduct. Making loud and unreasonable... --- ### Assault on an Officer in Maine > Assault on an officer in Maine is an automatic felony, leading to severe penalties beyond the original charges. Learn more about this serious offense. - Published: 2024-08-10 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/assault-on-an-officer-in-maine/ - Categories: Classification of Crimes, Misdemeanor Assault is a serious criminal charge in any situation in Maine. When the alleged assault is against a police officer, the consequences can be even harsher. Sometimes, during questioning or an arrest by a law enforcement officer, an individual feels harshly treated or objects to the actions of the officer, leading to physical resistance. This can result in a charge of refusing to submit to arrest and, in more serious cases, assault on an officer. Assault on an officer is often a more serious charge than the original crime that the subject was being investigated for. It is an automatic felony charge in Maine, so it is essential to understand more about this offense if you are facing charges. What is “assault on an officer” in Maine? Unfortunately, physical altercations sometimes result between police officers and the individuals they are investigating. Often this is due to misunderstandings, ignorance of the law, perceived heavy-handed approaches from officers, intoxication, or stress. Striking, slapping, shoving, pushing, or otherwise physically assaulting a police officer is never a good idea. Try to remain calm and polite when being questioned or arrested. A criminal defense lawyer can help you answer the charges later and arguing is likely to worsen your position. Individuals who are physically aggressive towards police officers—whether they cause injury or not—may end up not only with a criminal charge for the initial offense being investigated, but a felony charge for assaulting an officer as well. The Maine statute for assault on an officer... --- ### Misdemeanor Crimes & Sentencing in Maine > Learn about misdemeanor crimes in Maine, their penalties, and how sentencing works for these offenses under Maine's Criminal Code. - Published: 2024-07-14 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-misdemeanor-crimes/ - Categories: Classification of Crimes, Misdemeanor Misdemeanors in Maine are classified as Class D or E crimes and felonies are classified as Class A, B, or C crimes. The penalties for each level of crime increase from Class E up to A—from a maximum of one-year imprisonment to life imprisonment. With such a wide range of potential penalties, it is important to understand what the consequences may be if you are arrested and charged with any criminal offense in Maine. Crimes come with a set of minimum and maximum penalties (fines and incarceration) outlined in the Maine Criminal Code. Let us take a closer look at Class D and E misdemeanor crimes and how the sentencing works for these types of offenses in Maine. Misdemeanor classifications and penalties in Maine Class D and E crimes in Maine are punishable by up to one year in county jail, as well as significant fines. Elevated penalties may apply to aggravated versions of the crimes or for repeat offenders where the offense is considered more serious than the “standard” offense and is elevated to the next class above. Class E misdemeanor offenses A Class E crime is the least serious misdemeanor offense in Maine. However, any criminal offense can have far-reaching implications for your future because of the potential for jail time, as well as a lifelong criminal record. Class E misdemeanors in Maine are punishable by up to six months in jail and a fine of up to $1,000 in Maine. Some typical examples of Class E misdemeanors... --- ### Attorney Mikayla Martin Honored with Prestigious Rising Star Award by Super Lawyers > Attorney Mikayla Martin, at The Maine Criminal Defense Group, has been honored with the Rising Star award by Super Lawyers - Published: 2024-07-08 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/attorney-mikayla-martin-honored-by-super-lawyers/ - Categories: Press Release, Staff Kennebunk, Maine – The Maine Criminal Defense Group is proud to announce that attorney Mikayla Martin, has been honored with the Rising Star award by Super Lawyers. This highly regarded recognition is a testament to attorney Martin's dedication, skill, and commitment to excellence in the field of law. The Rising Star award is presented by Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process, involving independent research, peer nominations, and peer evaluations, recognizes outstanding lawyers who are 40 years of age or younger, or who have ten or fewer years of experience in the legal profession. No more than 5% of practicing attorneys in a state can be added to the registry each year. In order to achieve this distinction, attorney Martin has demonstrated exceptional legal expertise and a strong commitment to achieving the very best outcomes for her clients. The award reflects her hard work, dedication, and the high regard in which she is held by her peers in the legal community. Attorney Martin has been an associate attorney with The Maine Criminal Defense Group since 2021. "We are incredibly proud of Mikayla for receiving the Rising Star award," said managing attorney and owner of The Maine Criminal Defense Group, William T. Bly, "This recognition is a reflection of her talent, dedication, and the outstanding work she engages in on behalf of our clients. Attorney Martin is an incredibly... --- ### Proposed Changes to Domestic Violence & Stalking Laws in Maine > Maine is updating domestic violence & stalking laws to address legal gaps, clarify online threats, and balance victim protection with 1st Amendment rights. - Published: 2024-06-26 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/proposed-changes-to-domestic-violence-stalking-laws-in-maine/ - Categories: Domestic Assault, Domestic Violence, Stalking - Tags: domestic violence The domestic violence and stalking laws in Maine are currently being updated to address some shortcomings in the previous laws and to add clarity for both victims and accused parties in such cases. A recent high-profile case in Colorado ended up in a Supreme Court appeal in June 2023, and highlighted difficulties when prosecuting alleged perpetrators of stalking and domestic violence crimes, with an emphasis on stalking that takes place online or without any physical contact. First Amendment rights to free speech are strong in the U. S. and proving “true threats” can be challenging when pursuing a conviction. The new laws are designed to provide more clarity for courts across Maine, as well as for the victims in these cases and the defendants charged with these crimes. Domestic violence in Maine Domestic violence is most commonly used to describe spousal abuse in Maine. This may take the form of physical or sexual abuse or verbal and emotional abuse. The crime has a very broad definition and includes any type of abusive behavior committed by one member of a household against another. It also includes threats to commit violence and even crimes committed against a domestic partner’s pet to control and/or intimidate the alleged victim. In Maine, members of a family or those in an intimate relationship—a marriage, dating relationship or even cohabiting members of a household—can be charged with domestic violence. If convicted, the penalties usually involve probation, the requirement to avoid contact with the victim for a specified... --- ### Getting your OUI reduced to a lesser charge in Maine > Find out how we can help get your OUI reduced to a lesser charge in Maine. Learn the legal strategies that can help your case. Call us now. - Published: 2024-06-10 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/reduce-oui-to-lesser-charge-maine/ - Categories: OUI / DUI / DWI Reducing an OUI charge in Maine OUI charges are handled severely in Maine. For many people, a drunk-driving charge is their first time dealing with the criminal justice system and, understandably, they are keen to know the potential consequences of an OUI conviction. With an otherwise clean criminal record and robust legal representation, you may be able to reduce the consequences for your future and even get the OUI charge reduced to a charge with fewer consequences. Let’s look at what that could involve. OUI in Maine An OUI is Maine’s term for a DUI or DWI—terms that you probably know from other states. It means “operating under the influence”. This term draws attention to the fact that you don’t actually need to be driving a vehicle (nor drunk or even over the legal limit) to be charged with a drunk-driving offense in Maine. You can check the Maine OUI statute for details about the law but we’ll look at some key aspects below. 1st OUI in Maine Around 80 percent of OUI arrests are for a first-offense OUI in Maine. This means that the person charged has no prior OUI/DWI/DUIs in any state and no refusal to provide a bodily sample in Maine in the last ten years. First-offense cases (like second offenses) are handled as misdemeanors but if aggravating factors are present a mandatory minimum jail time may still apply. Such factors include: particularly high blood-alcohol content, a passenger under the age of 21, speeding, or causing an... --- ### Differences Between State and Federal Drug Crimes in Maine > If you’re charged with a drug crime in Maine, it’s important to understand the jurisdiction, state or federal, that handles your case, understanding your rights. - Published: 2024-05-27 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/differences-between-state-and-federal-drug-crimes-in-maine/ - Categories: Drug Crimes, Federal Charges, State Charges Any criminal charge for a drug-related offense is a serious matter in Maine,but how consequential the outcomes can get may depend on whether the charge is filed at the state or federal level. A drug crime conviction may lead to a permanent criminal record, in addition to a potential prison sentence and a hefty fine. The sentence applied will depend on the jurisdiction handling the prosecution. Federal prosecutions of drug crimes tend to lead to notoriously harsh outcomes. If you’ve been charged with a drug crime in Maine, it’s important to understand the jurisdiction (state or federal) that is handling your case, how the law varies between jurisdictions, and what the potential consequences could be now and in the future. What are the main types of drug crimes in Maine? Drug crimes are outlined in Maine’s statutes as well as the U. S. Criminal Code. The statutes prohibit the manufacture, possession, and dispensing of any controlled substance. What are considered controlled substances? Controlled substances are illegal drugs that can harm an individual’s health and welfare.  They range from recreational drugs deemed to have no medical benefit, to prescription drugs and other substances that are used to create drugs that can be harmful to users. Most commonly, drug crimes in the U. S. involve controlled substances like marijuana (which is still illegal at the federal level despite being decriminalized in Maine), as well as methamphetamine, cocaine, heroin, ecstasy, etc. However, there are other controlled substances that do lead to drug charges... --- ### Prostitution and Solicitation Laws in Maine > Both prostitution & solicitation are considered sex crimes in Maine. For tenacious representation, call us to protect your rights & freedom. - Published: 2024-05-24 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/prostitution-and-solicitation-laws-in-maine/ - Categories: Prostitution & Solicitation, Sex Crimes Both prostitution and solicitation are considered sex crimes in Maine. Buying or selling sexual acts or sexual contact is illegal and has traditionally been considered a criminal offense for all those involved. However, Maine's prostitution and solicitation laws have recently been updated with some important changes. Here’s what you need to know. What are the old laws regarding prostitution and solicitation in Maine? Under Maine Revised Statutes 17-A section 853-A, which has now been repealed, engaging in prostitution was illegal in the state. Illegal behavior included engaging in, agreeing to engage in, or offering to engage in a sexual act or sexual contact in exchange for a pecuniary benefit to be received by the person engaging in prostitution or by a third person. A “sexual act” was defined as the following (and still is): Any act between two people involving direct physical contact between the genitals of one person and the mouth, anus, or genitals of the other Any act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of the other, or Any act involving direct physical contact between the genitals or anus of one and an instrument manipulated by another for the purpose of arousing or gratifying sexual desire, or for the purpose of causing bodily injury or offensive physical contact Sexual contact is defined as any touching of the genitals or anus (directly or through clothing), for the purpose of arousing or gratifying sexual desire... --- ### Open Container Laws & Penalties in Maine > The open container laws in Maine prohibit both drivers & passengers from consuming alcohol in motor vehicles. Learn about the rules. - Published: 2024-05-23 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/open-container-laws-penalties-in-maine/ - Categories: OUI / DUI / DWI Alcohol laws of Maine While you should be aware of the strict OUI laws in Maine, it’s also important to know about other ways you can face a traffic infraction if alcohol is involved. If you have an open container of alcohol in your vehicle, you can still face a traffic infraction even if your driving is not impaired by alcohol or drugs. This also applies even if a passenger is drinking alcohol or just possesses the open container. The open container laws in Maine, §2112-A, prohibit both drivers and passengers from consuming alcohol in motor vehicles and that the drivers will be held responsible if an open container of alcohol is found by law enforcement during a stop. There are some exceptions to the rule, but drivers and passengers should be aware of the laws so that they don’t create inadvertent legal problems when out on a drive and end up facing a potentially sizable fine. Open container law in Maine Maine’s open container law states the following: “The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle: Consumes alcohol; or Possesses an open alcoholic beverage container. ” What types of alcoholic beverages does the law refer to? The open container law covers “spirituous, vinous, fermented” or other alcoholic beverages intended for “human consumption” and that contain more than 0. 5 percent alcohol by volume. What is considered an “open container”... --- ### Domestic Violence Assault Penalties & Possible Defenses in Maine > Facing DV assault charges in Maine? Learn about domestic violence assault penalties & defenses our attorneys can use to protect your rights. - Published: 2024-04-24 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/domestic-violence-assault-penalties-defenses-maine/ - Categories: Domestic Assault, Domestic Violence - Tags: domestic violence In recent years, convictions for domestic violence offenses in Maine have increased as state prosecutors rigorously pursue cases. This has led to harsher penalties for offenders, which makes it even more essential to work on a credible defense if you have been wrongly accused of the offense. By understanding more about domestic violence, its penalties, the burden of proof for the prosecution, and possible defenses that can be pursued, you can better prepare for what lies ahead. What is considered domestic violence assault in Maine? A domestic violence assault in Maine is defined as an assault against another individual from the same family or household, i. e. , the alleged victim and the alleged perpetrator have a defined relationship. The two main considerations for this offense are the physical contact (assault) itself and the target of the contact. Under Maine law, assault is when a person intentionally causes harm to another person or, more specifically, “intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person. ” The contact does not need to actually cause physical injury to the person. An assault charge can result from grabbing, pushing, shoving or another type of offensive conduct. Family or household members are defined under Maine law as including: Spouses Domestic partners (two unmarried adults who live together in a long-term committed relationship) People who live together Biological parents of a child Minor children Anyone who is or has been a sexual partner If the assault element is satisfied AND... --- ### 1st Offense DUI in Maine > A first OUI / DUI in Maine can be scary and feel like your life is over. Call The Maine Criminal Defense Group to fight for your freedom. - Published: 2024-04-19 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/1st-oui-penalties-maine/ - Categories: First Offense, OUI / DUI / DWI Defending against OUI offenses in Southern Maine A first OUI in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties. A first offense for impaired driving is likely to lead to an arrest, charge, and a court appearance. However, the criminal justice system recognizes that some people with no criminal record make honest mistakes, which can afford some leniency in sentencing. The focus of sentencing for first offenders is often on ensuring that the same mistakes are not repeated. Jail time is possible, but not probable unless there are aggravating circumstances. Sentencing may involve extensive fines and fees and rehabilitative measures, such as attendance at a DUI school (DEEP), community service or alternative treatment programs. What happens after a 1st OUI in Maine? If you operate a motor vehicle when under the influence of alcohol or a controlled substance or have a blood alcohol content of 0. 08 grams per 100ml or higher, you will be charged with OUI in Maine. The charge can affect your employment, family, and your future because a misdemeanor will appear on your criminal record, even if it’s just your first offense. In drunk-driving cases, after your arrest and charge, your driver’s license will immediately be suspended for 150 days by the BMV (Bureau of Motor Vehicles). Even if you’re not yet charged with a crime, but you refuse to submit to the post-arrest chemical test, your license will be suspended under Maine’s "implied consent"... --- ### Nathaniel H. Hitchcock Promoted to Senior Attorney - Published: 2024-04-12 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/nathaniel-h-hitchcock-promoted-to-senior-attorney/ - Categories: Press Release, Staff We are pleased to announce that Attorney Nathaniel H. Hitchcock has been promoted to Senior Attorney at The Maine Criminal Defense Group effective immediately. Attorney Hitchcock has been an associate attorney with the Maine Criminal Defense Group since 2017. This promotion will broaden his responsibilities at the firm while he continues his respected criminal practice. According to Managing Attorney and owner of the firm, William T. Bly, Attorney Hitchcock has consistently demonstrated professional excellence, leadership and commitment to our clients and the community since his arrival at the firm. Attorney Hitchcock is a seasoned litigator with extensive jury trial experience. While specializing in adult criminal defense, Attorney Hitchcock has experience defending children in the Juvenile system, as well as handling protection orders and guiding clients in the pardon process to seal convictions. While attending the University of Maine School of Law, Attorney Hitchcock interned with the Maine Attorney General’s Office and additionally contributed to the Cumberland Legal Aid Clinic, assisting individuals in financial need with various legal issues. A resident of York County, Maine, Attorney Hitchcock serves the community as elected City Councilor for the City of Sanford. He is also the Vice Chairman of the Board of Directors for the collegiate baseball team the Sanford Mainers. We extend our heartfelt congratulations to Attorney Hitchcock on this well-deserved promotion and look forward to witnessing his continued success at MCDG. To reach the Maine Criminal Defense Group, email info@mainecdg. com. Blog Posts --- ### Who Is a "Household Member" for Domestic Violence Laws in Maine? > If you've been charged with domestic violence in the state of Maine, you need an experienced domestic violence defense attorney now! - Published: 2024-03-28 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/who-is-a-household-member-for-domestic-violence-laws/ - Categories: Domestic Violence - Tags: domestic violence Crimes of domestic violence in the state of Maine can be confusing. This is because crimes of domestic violence are really just other crimes, like assault or battery, when those crimes are committed against certain people. It can be helpful to think of the laws that prohibit domestic violence as providing an extra layer of legal protection for a certain group of people, rather than to everyone. This extra layer of protection often results in harsher penalties, if it is broken. Who Is Covered by Domestic Violence Laws in Maine? In the state of Maine, our domestic violence laws only apply when an eligible crime is committed against someone who is a “household member” of the person who committed the crime. Unfortunately, what makes someone a “household member” of someone else can be fraught with complexities, once you delve into some of its practical problems. Just reading the domestic violence statutes in Maine, you'll find that the laws provide a listing of relationships that make someone a “household member”: Spouses or domestic partners, both current and former; Individuals who are currently, or were formerly, living together as spouses; Individuals who are currently, or were formerly, living together; Individuals who are currently, or were formerly, sexual partners; Parents of the same child; Adults who are related to each other by blood or affinity; or Minor children of an adult who is otherwise a household member. While these categories cover most of the possibilities, there are numerous complexities and nuances that crop... --- ### Violation of Privacy Laws in Maine - Published: 2024-03-11 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/violation-of-privacy-laws-in-maine/ - Categories: Privacy Violation Please Note: We help defend those who have been accused of violating others privacy. We do not accept cases where an individual is the victim of a violation of their privacy. Violation of privacy is a criminal charge that can lead to a conviction for a Class D misdemeanor in Maine. This can mean jail time, hefty fines, a permanent criminal record, and designation as a sex offender. These harsh consequences can have a long-term impact on your life, making it essential to take the right steps to defend the charges. It’s important to learn more about this criminal offense classified as a violation of privacy and what the relevant Maine statute says about it. What is considered a violation of privacy in Maine? Violation of privacy is sometimes called the “Peeping Tom law,” but it extends well beyond looking in someone else’s window without their permission. It takes into account the modern-day prevalence of recording devices (such as smartphones and digital cameras), which make it simple to record other people without their knowledge. Unless permission is granted for the recording, some situations can result in a violation of privacy. Under Maine law, recording someone who otherwise has a reasonable expectation of privacy and of not being recorded (such as in a home, changing room, or public restroom) is considered a violation of privacy. Typical examples of violations of privacy The following are some common examples of a violation of privacy in Maine: Secretly installing a video camera in a department store’s changing room. Placing a video camera on a neighbor’s property, outside the bathroom window. Installing an audio recorder in a public bathroom to hear private conversations that occur there.... --- ### Can I Get a Protection From Abuse Order in Maine on Behalf of My Child? > Learn how to obtain a Protection From Abuse Order in Maine to safeguard your child from an abuser. Essential for parents and guardians. - Published: 2024-02-22 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/can-i-get-a-protection-from-abuse-order-in-maine-on-behalf-of-my-child/ - Categories: Protection From Abuse, Sex Crimes, Sexual Assault A protection from abuse order (PFA) can make it illegal for an individual to contact you or your children in the state of Maine. Filing a PFA is often a necessary step in an abusive relationship, where the abuser poses a threat to a partner or other members of the household, including the children. Even if you are not being abused yourself, you can and should obtain a protection from abuse order to protect your child from an abuser if you are that child’s parent or legal guardian. When can you file a PFA on your child’s behalf in Maine? If your child is in an abusive situation, you can call the National Domestic Violence Hotline open 24/7 at 800-799-7233. You may also need to file for a protection from abuse order on your child’s behalf. This may require legal assistance early on in the process to ensure that everything goes smoothly. A qualified attorney can help you understand whether you’re eligible to file a PFA and what your rights and obligations are when doing so. You can usually file a PFA on behalf of your child in Maine if the following apply: An abusive situation exists in the household. If there is evidence of abuse between family or household members and your child, a PFA can be granted under Maine law. The alleged abusive conduct meets the legal definition of “abuse” under the Maine statute. Common types of abuse include bodily injury, offensive physical contact, sexual assault, attempting to... --- ### How Convicted Felons Still Get Guns in Maine > Explore how convicted felons still access guns in Maine, despite legal restrictions. Uncover the reasons behind this issue. Learn more - Published: 2024-01-15 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/how-convicted-felons-still-get-guns-in-maine/ - Categories: Criminal Defense, Weapons Charges Convicted felons are not permitted to possess firearms under state or federal gun possession laws but, as recent high-profile shootings have demonstrated, guns are still falling into the hands of the wrong people. How is this so? How can convicted felons (often with previous weapon charges) still get guns in Maine despite the prohibitions—sometimes with devastating consequences? Let’s take a closer look at this issue. Firearm prohibitions in Maine Under federal law, individuals are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony. The prohibition also applies to some domestic violence misdemeanors and protective orders related to domestic violence or serious mental conditions. The federal law contains some notable weaknesses that allow some criminal offenders or individuals who show disturbing mental disturbance or have violent tendencies to still obtain firearms. Maine’s gun possession laws state that nobody can possess a firearm if he/she has been convicted of committing a crime (or found not criminally responsible for committing the crime because of insanity) if any of the following applies to the crime: It is punishable by imprisonment for one year or more under Maine law. It is punishable by imprisonment for a term exceeding one year under federal law. It is punishable by imprisonment for a term exceeding one year in another state (excluding crimes classified as misdemeanors in the state carrying a penalty of imprisonment of two years or less). It is “elementally substantially similar” to a crime under Maine law and is punishable by imprisonment for a term exceeding one year according to the law of any other state. It is part of a proceeding in which the prosecuting authority was required to prove that the... --- ### What If I Blow Under .08 on a DUI Breath Test in Maine? > In Maine, a DUI breath test under .08 doesn't guarantee freedom. Learn the legal implications, rights, and obligations for an OUI. - Published: 2023-12-23 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/what-if-i-blow-under-08-on-a-dui-breath-test-in-maine/ - Categories: Implied Consent, OUI / DUI / DWI, Sobriety Checkpoints If you blow under . 08 in a DUI breath test in Maine, it may be jumping the gun to breathe a huge sigh of relief. You may not be “free to go” because a drunk driving charge can still follow. A law enforcement officer can charge you with operating under the influence (OUI) even if you blow under . 08 in Maine—and you can be convicted in a court of law. Understanding your rights, obligations, and legal position when it comes to breath tests is essential if you ever drive after consuming any alcohol in Maine. Can you be charged with an OUI with a BAC under . 08? Maine’s criminal OUI law states that an individual is guilty of OUI if, at the time of operation, the vehicle operator had a breath or blood alcohol concentration of . 08 or more or was under the influence of intoxicants. So, the OUI laws do not rely completely on BAC testing. Blowing over . 08 is only one way that criminal charges can be laid against drivers. If, in the opinion of law enforcement, the driver was impaired due to intoxicants, an OUI charge can still be filed even if he/she blows . 05%. Being “under the influence” is taken to mean that the mental or physical faculties of the driver are impaired to any extent by intoxicants. This surprises some drivers who are not fully across the drunk driving laws and expect to walk away after blowing under .... --- ### Self-Defense and Standing Your Ground in Maine > Regarding self-defense laws in Maine, there's no specific "stand your ground" law. Understand when force can be justified using Maine Law. - Published: 2023-12-15 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/self-defense-and-standing-your-ground-in-maine/ - Categories: Criminal Defense, Self Defense, Stand Your Ground, Weapons Charges Self-defense laws in the U. S. are complex, vary from state to state, and are often misunderstood. “Stand your ground” laws allow an individual to use deadly force in self-defense in public if they reasonably believe it to be necessary to defend against certain violent crimes. This may apply to certain violent situations in some states—and the “Castle Doctrine” is often cited as justification for using violence when defending a home—but Maine has no “stand your ground” law as such for the defense of a person if a threat is encountered in a public place. It is essential, therefore, if you are confronted with a violent situation to understand when the use of force (lethal or otherwise) is justified under Maine’s criminal laws. What is the definition of “self-defense” in Maine? A person who engages in violent conduct that would otherwise be deemed criminal may argue self-defense under particular circumstances. These circumstances are defined in the Maine Criminal Code section on physical force in defense of a person, which states the following: “A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a degree of such force that the person reasonably believes to be necessary for such purpose. ” So, a person’s violent actions may be justifiable if threatened by another... --- ### What If You Have Been Accused of a Crime in Maine? > For the best possible chance of avoiding a criminal conviction, call the Maine Criminal Defense Group for a tenacious defense. Call us! - Published: 2023-11-30 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/what-if-you-have-been-accused-of-a-crime-in-maine/ - Categories: Criminal Defense, Criminal Record Every day in Maine, people are charged with crimes that they did and did not do. Fortunately, in the U. S. , we have a justice system that says you’re innocent until proven guilty beyond a reasonable doubt. So being accused of a crime is very different from being convicted for it. But this doesn’t make the experience any less stressful for anyone charged with a criminal offense. Here’s what you need to know as your case proceeds through the criminal justice system in Maine. What happens if I’m charged with a crime — and how can I ask for a lawyer? What happens after you’re charged with a crime in Maine depends on the nature of the offense you’re accused of. For minor offenses, you will receive a court summons that advises of your court date and you’ll be free to leave. However, if you’re arrested, a bail commissioner usually sets bail within hours. Provided you can meet the bail terms, you’ll be free to leave the police station after receiving your court summons. The summons will include the time, date, and location of your first court appearance or “arraignment”, which must be within 48 hours of your arrest if you’re unable to make bail. This hearing will be held before a judge in a courtroom but depending on which county in Maine the arrest occurred, the defendant may attend the arraignment via video conference from the jail. If you don’t have a lawyer to represent you at this... --- ### Protective Orders Vs Restraining Orders in Maine > Don’t risk a violation of a protective order in Maine. Find out what conditions and obligations are included in the order. Call us! - Published: 2023-11-15 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/protective-orders-vs-restraining-orders-in-maine/ - Categories: No Contact Orders, Protection From Abuse, Restraining Order Protection from Abuse Orders (PFAs), such as restraining orders and no-contact orders, are frequently issued by the courts in domestic violence cases in Maine but are often confused. No contact & protective orders are designed to protect the filing party (and any children) from suffering potential abuse or further harassment from the restrained person. If you are the subject of such an order, it is essential to understand what it means because disobeying court orders is a serious violation and can result in criminal penalties, including jail time. Don’t risk a violation of a protective order. Find out what conditions and obligations are included in the order and follow them to the letter. How are protection orders issued in Maine? To successfully file a protection order request in Maine, the plaintiff must reasonably believe that legal protection is required to prevent domestic violence and abuse, sexual violence or stalking. Specific guidelines are set out under Maine law to define the legal grounds for a protection order being issued. If any of the following acts involving family or household members or dating partners occur, a protective order may be sought by the plaintiff: Attempting or causing bodily injury or offensive physical contact, including sexual assault Attempting or placing another in fear of bodily injury by threatening or harassing behavior Forcing a person to engage in conduct the person has the right to abstain from Credibly threatening or committing a crime of violence against a person Repeatedly, without reasonable cause, following someone,... --- ### Can You Enter Canada with an OUI on Your Record? > A criminal conviction can have you turned away at the Canadian border, and with a Maine OUI you may still be denied entry. - Published: 2023-10-25 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/can-you-go-to-canada-with-oui/ - Categories: OUI / DUI / DWI Last Updated: February 18, 2025 Between 11 and 15 million Americans visit Canada each year but you’re unlikely to contribute to those numbers in the future if you have an OUI (or DUI) on your record. The simple answer to whether you can travel to Canada with an OUI on your record is “no. ” Canada takes drunk driving very seriously, and even misdemeanor offenses appearing on your criminal record will not simply be overlooked. Every traveler’s entire criminal record is visible to border officials at seaports, airports, and other border crossings in North America. Visiting Canada with a DUI Under Canadian DUI entry, a conviction for a criminal OUI in Maine (or a DUI / DWI from elsewhere in the U. S. ) makes you an “inadmissible person” in Canada, i. e. , a threat to public health and safety. Americans with criminal convictions on their records are turned away daily at the border. With the recent changes to Canada’s impaired driving laws, even after 10 years have passed since a Maine OUI conviction, you may still be denied entry by Canadian border authorities. Fortunately, there may be a way to cross the border legally, so that you can make that short hop to Montreal or Quebec with your friends. But you may need legal advice from a qualified attorney to do so successfully Canada may block entry if you have a Maine OUI conviction The Canada Border Services Agency (CBSA) determines who is eligible to enter the country... --- ### Can You Get Your Criminal Record Expunged in Maine? > A criminal record can affect many aspects from employment, accommodation opportunities, immigration status and travel. Call for help now. - Published: 2023-10-14 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/can-you-get-your-criminal-record-expunged-in-maine/ - Categories: Criminal Defense, Criminal Record, Search and Seizure Expungement is the practice of legally erasing or striking out documents or information relevant to criminal charges. It’s not possible to expunge a criminal record in Maine. However, other avenues may exist if you have a criminal record and want to limit who has access to the information it contains — to minimize the impact it has. A criminal record can affect many aspects of your life — from employment and accommodation opportunities to immigration status and travel. Here, we discuss how Maine classifies criminal records and what steps you may be able to take if you’ve been convicted of a crime and want to ensure that one mistake doesn’t result in too many restrictions in your life. How is your criminal record classified in Maine? Convictions and most active legal cases in Maine are generally considered matters of public record. This means that employers, landlords and others can easily access the information. This information includes details that identify an individual as having been involved in the criminal legal process in Maine. It records information from the following sources: Law enforcement The Maine court system The District Attorney's offices All stages of the criminal process are recorded, including arrests, bookings, criminal charges, indictments, pleas, verdicts, sentencing, incarceration, and appeals. If you were wrongfully arrested, for instance, this information would generally show on your criminal record and could negatively (if unfairly) impact your future. Whether a case is classified as “confidential” or “public” will determine who, precisely, can see the information.... --- ### What is Illegal Search & Seizure for Drug Cases in Maine? > For individuals charged with drug crimes in Maine, the consequences can be dire unless an illegal search and seizure was performed. Call us. - Published: 2023-10-10 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/what-is-illegal-search-seizure-for-drug-cases-in-maine/ - Categories: Drug Crimes, Search and Seizure Search and seizure rules are enshrined in the U. S. Constitution and are intended to discourage the government (and law enforcement officials) from overstepping their powers and invading people’s privacy. They apply to every citizen and legal resident universally and equally. Unreasonable searches are also prohibited under the state constitution in Maine. However, this doesn’t prevent individuals’ rights from regularly being violated. Drug crime cases are prime examples where this happens quite frequently. For individuals charged with drug crimes in Maine, the consequences can be dire. If, however, an illegal search and seizure was performed, the charges may be dropped, the case may be dismissed, or the defendant may be acquitted in court. Let’s consider what constitutes illegal search and seizure for drug cases in Maine. Warrant vs. no warrant during search & seizure To ensure a “reasonable” amount of personal privacy for individuals in the U. S. , the police must have a warrant or an obvious circumstantial justification for performing a search. Generally speaking, even if you’re suspected or accused of committing a drug crime, law enforcement cannot simply search your house, car, or personal property. A search warrant is usually required if an officer wants to do anything more than an over-the-clothes frisk for a weapon. The warrant must apply to a specific location and have a stated scope. Law enforcement must closely abide by the terms for the search to be legal. So, if the warrant applies to a search of a car but not a... --- ### Obtain a Limited License or Work Permit After an OUI in Maine > If you need legal assistance with an OUI charge or obtain a limited license, call The Maine Criminal Defense Group today. Call 207-571-8146 - Published: 2023-09-30 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/can-i-obtain-a-limited-license-or-work-permit-after-an-oui-in-maine/ - Categories: OUI / DUI / DWI Restoring your driving privileges after an OUI in Southern Maine A charge for Operating Under the Influence (OUI) in Maine comes with a potential loss of driving privileges. But is there a way to still drive legally if you need to do so for work or study? Fortunately, if you find yourself in this situation, you may be able to continue driving with a limited license or work-restricted license. In Maine, individuals facing a first-offense OUI administrative suspension can immediately petition for a work-restricted license by providing employment details to the Bureau of Motor Vehicles. However, not everyone is eligible for a limited or work-restricted license. This topic can be a little confusing. Understanding what you can and cannot do after you’ve been charged with an OUI is essential so that you stay within the law and don’t re-offend. What is a work restricted (limited) license in Maine? If an individual has made a mistake and been convicted of an OUI, the criminal justice system in Maine recognizes that this shouldn’t necessarily impact a person’s ability to work, which could be counter-productive not only for the individual but also for society. If driving is essential to maintain employment and the offender has a relatively clean criminal record other than the OUI, there is a good chance that he/she can secure a limited license. A work restricted license (sometimes called a work permit, but this is slightly different — see below) allows suspended drivers to drive to and from work, but... --- ### Theft of Services in Maine > Keep in mind that just because you've been charged with a crime in Maine, such as a theft, that doesn't mean a conviction. Call us today! - Published: 2023-09-14 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/theft-services-maine/ - Categories: Theft Today's topic of discussion concerns the crime of theft of services. Now let's take, for example, you go to your local auto mechanic. He fixes your car. You don't like the job that he did, so you drive off without paying. Now, some people may think that that's not a crime, that you're entitled to do that. However, it is, in fact, a crime called “theft of services”; and it's a serious crime. As a Class E Misdemeanor, it's the least serious of all crimes. However, having a criminal conviction on your record is serious and you should be treating this charge seriously. There may be circumstances as to why you didn't pay for the service. Perhaps the person providing the service didn't do what they promised to do or perhaps they did a poor job. While these may not be proper legal defenses, they are extenuating circumstances that could explain your position to the DA with the help of a qualified criminal defense attorney or if need be, to a jury. Always keep in mind that just because you've been charged with a crime, such as a crime of theft, that doesn't mean you'll end up with a conviction. Keep in mind that a single conviction for theft can lead to a future felony charge if you begin to accumulate theft convictions. So, if you have two minor thefts in your background, perhaps you have two shoplifting charges in your background, and then you get hit with a misdemeanor... --- ### What Happens to Your License After an OUI at the BMV in Maine > If you are charged with OUI in Maine, your license will be suspended by the BMV within a few day of the arrest. Call an OUI expert today. - Published: 2023-08-25 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/what-happens-to-your-license-after-an-oui-at-the-bmv-in-maine/ - Categories: BMV Hearing, OUI / DUI / DWI Several things happen at the same time if you are arrested and charged with OUI in Maine, or issued with a summons for an OUI charge. Your license will be suspended by the Bureau of Motor Vehicles (BMV) within a few days and the criminal charge will work its way through the criminal justice system. Here’s what you need to know about the license suspension and how to challenge it. Maine BMV notice of suspension The BMV suspension is assured because the arresting officer will write a report and send it to the Bureau. If the basic supporting information is provided by the police officer, such as a breath or blood test result, a Notice of Suspension will be mailed to the address on record within a few days. This will detail the following information: The reason for the suspension The date the suspension will start The duration of the suspension You should read and digest this information carefully and, if necessary, discuss the details with a criminal defense lawyer, who can advise you of your rights and obligations. Generally, you will have a right to a BMV hearing, at which you can challenge your license suspension. If you took a blood or breath test and requested a hearing, your suspension will be postponed at least until the date of the hearing. If, however, your OUI is due to a refusal to take a test, you still have the right to a hearing, but your suspension will start on the... --- ### How to Get Out of an OUI in Maine > Your best chance to get out of an OUI & lifelong criminal record in Maine is to defend the charge with William Bly's help. Call now. - Published: 2023-08-08 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/how-to-get-out-of-an-oui-in-maine/ - Categories: OUI / DUI / DWI Defending against OUI offenses in Southern Maine OUI laws in Maine have potential consequences that go well beyond what most people expect for drunk driving. Even for a first offense, you can go to jail for up to a year, lose your license and end up with a lifelong criminal record that affects many aspects of your life. While this may seem harsh for an honest mistake or a first-time aberration behind the wheel of your car, the justice system in Maine is committed to reducing the types of serious accidents associated with DUI and clamps down hard. To get out of an OUI charge, you need serious legal representation from a team that is committed to compiling the strongest possible defense and understands how these cases usually progress in Maine. OUI in Maine OUI means operating under the influence, and it’s Maine’s equivalent of driving under the influence (DUI). Massachusetts and Rhode Island also use the same term. The state’s OUI laws apply to anyone who operates a motor vehicle. This includes boats, cars, trucks, motorcycles, jet skis, SUVs, 18-wheelers and other vehicles. OUI can mean either operating a vehicle while under the influence of intoxicants or having a blood or breath-alcohol concentration (BAC) of 0. 08 grams or higher. You don’t need to exceed the legal limit to be charged with OUI; impaired driving due to any intoxicant including alcohol, illicit drugs or prescription drugs is illegal and can lead to a criminal charge. Around 80 percent of... --- ### Maine OUI/DUI Court Process > Your best bet of escaping an OUI/DUI conviction & lifelong criminal record in Maine is to defend the charge with William Bly's help. Call us. - Published: 2023-07-20 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/court-process-oui-maine/ - Categories: Maine Court Process, OUI / DUI / DWI The OUI/DUI court process in Maine can be overwhelming, especially for individuals navigating the criminal justice system for the first time. In Maine, OUI (Operating Under the Influence) is the legal term for what many states refer to as DUI. Facing a criminal OUI offense means appearing before a judge is almost inevitable, making it critical to understand the steps involved. Maine’s OUI laws are as strict as those in other states, and knowing how the court process unfolds can help reduce the uncertainty and intimidation that many defendants feel. For those accused, questions often arise about whether to plead guilty, the potential consequences, and how to regain their driving privileges. In this guide, we provide a detailed look at the OUI court process in Maine to help defendants understand what to expect and how to prepare after being charged with operating under the influence. Familiarity with the steps ahead can make all the difference in building an effective defense. OUI traffic stops in Maine Most OUI charges begin with a traffic stop. You can be pulled over and asked if you’ve been drinking if “signs of impairment” are observed or if you pass through a roadside sobriety checkpoint. “Signs of impairment” include the failure to stay in lane, failure to engage a turn signal, driving too slow, swerving within the lane, and so on. This may provide reasonable suspicion that an offense has been committed, which the officer will look to corroborate by detecting other signs, such as smells... --- ### Maine Man Arrested & Pleads Guilty on Child Exploitation Charges > Facing child exploitation charges? Trust our experienced criminal law firm to defend your rights. Learn about a recent case and resulting guilty plea. - Published: 2023-05-24 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-man-arrested-pleads-guilty-on-child-exploitation-charges/ - Categories: Sex Crimes, Sexual Assault In a recent child exploitation case from Boston, a Maine man was found guilty by the federal court and sentenced to 13 years in prison and five years of supervised release. Patrick Plummer, of Parsons Field, Maine, was arrested in September 2020 and, in September 2022, pleaded guilty to three charges related to child exploitation: Attempted enticement of a minor Intent to engage in illicit sexual conduct with a person under 18 years of age Transportation of child pornography At the time of his arrest, he was actively attempting to entice 10 underage girls to engage in sexually explicit conduct online. Online child sexual exploitation The protection of our children is the most basic responsibility of society and every parent within it. The prevalence of targeting & exploiting children online is, unfortunately, a reality that more parents in Maine and across the country are having to deal with. Over 7,000 illicit images and 70 videos were discovered on Patrick Plummer’s seized electrical devices, including some of two-year-old children being sexualized and tortured. Plummer travelled from Maine to Georgetown Massachusetts to have sex with a 13-year-old girl, who was an undercover detective posing as this girl and who then arrested and charged the man. The sentence handed down to Plummer reflects how seriously these types of issues are treated by law enforcement and the justice system here. This case was part of the wider Project Safe Childhood, a nationwide initiative started in 2006 to combat child sexual exploitation and abuse. Penalties... --- ### What Should I Do If I'm Falsely Accused of Domestic Violence? > Seek the assistance of The Maine Criminal Defense Group if you've been falsely accused of domestic violence to defend your freedom & rights. - Published: 2023-05-24 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/what-to-do-when-falsely-accused-of-domestic-violence-in-maine/ - Categories: Domestic Violence - Tags: domestic violence This article was updated March 6, 2025 Oftentimes what I see in these domestic violence situations is that a husband and wife get in a fight. They love each other -- couples fight, things get really heated. And so many times a wife will say to me “I just wanted him to cool down and just leave the house for a while. So I called the police so he could cool down. ” What people don't realize is when you call the police, they are not there to solve your problem -- they're going to arrest somebody. Oftentimes there's not even a real component of violence here, but the spouse makes some misstatements and now you, the client, have been charged with domestic violence, domestic violence assault, domestic violence criminal threatening or terrorizing. What is domestic violence in Maine? In Maine, domestic violence, or domestic violence assault, is defined as assault against someone with whom the accused has a specific relationship. To understand domestic violence, it's essential to first understand the definition of assault. Under Title 17-A §207, assault occurs when a person intentionally causes harm to another person. This harm does not necessarily need to result in physical injury; it can also involve offensive physical contact, such as grabbing or pushing. According to Title 17-A §207A, a person is guilty of domestic violence assault if they violate the assault laws and the victim is a family or household member. Title 19-A, section 4002, subsection 4, defines family or household... --- ### How long does an OUI stay on your record in Maine? > Find expert legal counsel from William Bly in Maine. Discover how long an OUI stays on your record. Protect your future with our law firm. - Published: 2023-05-14 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/how-long-does-an-oui-stay-on-your-record/ - Categories: OUI / DUI / DWI Updated on January 27, 2025 An OUI is a permanent black mark on your Maine driving and criminal record, but this is not the only thing about which you should concern yourself when facing this type of driving infraction. There are numerous legal consequences surrounding a Maine OUI offense, many of which have the potential of damaging you far beyond your driving record. Maine takes operating under the influence very seriously, and you should verse yourself with the laws by which drivers are bound to avoid losing your privilege to drive in Maine. BAC & Implied Consent in Maine Maine is quite clear that by virtue of driving in the state of Maine, your consent to a blood alcohol analysis is implied. Law enforcement has the legal right to test your blood alcohol level based upon the fact that you drove or attempted to drive your vehicle. If you remain uncooperative and refuse to submit to a blood, breath or urine alcohol test, you will face an automatic license suspension. For your first refusal, you'll lose your driver's license for 275 days, and for your second and third offenses, 18 months. These suspensions run consecutive to anything the court imposes if convicted of the crime. Should you agree to a blood alcohol assessment and your reading is 0. 08 percent or higher, you are legally impaired according to Maine OUI law, and you will be charged with the crime of drunk driving. Keep in mind, it does not matter whether... --- ### Rise in Sobriety Checkpoints & OUI Charges in Maine > Maine has seen an increase in sobriety checkpoints and OUI charges as part of its efforts to curb drunk driving. Call (207) 571-8146 - Published: 2023-04-27 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/rise-in-sobriety-checkpoints-oui-charges-in-maine/ - Categories: OUI / DUI / DWI, Sobriety Checkpoints Operating under the influence (OUI) charges are on the rise in Maine and this has been partly attributed to the increase in the number of sobriety checkpoints on our roads. Since a temporary downturn in crime in general during the COVID pandemic, the numbers have rebounded significantly, with Maine police kept busy on the roads and police departments across the state pressing more OUI charges and processing more cases. But what do the statistics say, exactly, and how should drivers adapt their behaviors so that they don’t fall foul of the sobriety checkpoints? OUI arrests on the rise The summer months of 2022 set recent records for OUI cases for the Wells police department. Officers caught more drivers impaired by alcohol, cannabis or illegal drugs in the tourist town in July than during any month in the past six or seven years. There were 69 OUI arrests through August, which is 24 more than in the entire previous year. A similar rise in numbers has been reported in other parts of Maine in recent months. For instance, Saco reported a 150 percent increase in OUI arrests in 2022 and the York police department needed to add shifts to meet the growing number of OUI arrests last year. Even in Kennebunk, where the number of OUI arrests and complaints about suspected drunken driving has remained steady over the past four years, a sobriety checkpoint run for five hours on a Saturday night in August 2022 resulted in six arrests for impaired... --- ### Drug Crime Classifications in Maine > Understanding drug crime classifications in Maine is essential in drug-related cases. Our law firm can help you navigate the legal process. - Published: 2023-04-20 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/drug-classifications-in-maine/ - Categories: Classification of Drugs, Drug Crimes When most people think of drug crime classifications, they automatically assume it references the worst types of drugs (heroin, cocaine, LSD, etc. ). But the word “drugs” also includes lots of common, and sometimes, beneficial chemicals, as well, like ibuprofen, and nicotine. The difference between whether these drugs are legal or illegal depends on whether the state of Maine has outlawed their use or possession. For some drugs, like heroin, the rule is simple, and straightforward – you can never use or possess heroin legally. For other substances, however, the context surrounding your use or possession is crucially important. To help in determining how the law regulates certain drugs, the state of Maine has created four categories of drugs and chemical substances, which it calls “Schedules. ” These drug schedules in Maine are arranged in letters – W, X, Y, and Z – and generally lists substances from most harmful (Schedule W), to least harmful (Schedule Z). Schedule W Drugs Schedule W contains the most well-known drugs. These are the most dangerous drugs, because they're easy to get addicted to, and often lead to destructive patterns of drug abuse. Many of these drugs have no recognized medicinal value. Drugs in Schedule W include: Cocaine Heroin Methadone Oxycodone Amphetamines, including methamphetamine Hallucinogens and synthetic hallucinogens, including MDMA, TMA, MDA, DOB, and FMC Barbituric acids Phenmetrazine Methlphenidate Morphine Opium Phencyclidine, or PCP Lysergic acids, like LSD Flunitrazepam Schedule X Drugs Schedule X contains lesser hallucinogens and depressants. The drugs in this classification... --- ### Dealing with Sexual Exploitation of a Minor Charges in Maine > If you're facing a charge of sexual exploitation of a minor in Maine, it's crucial to understand the legal process and your options. Call us. - Published: 2023-03-15 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/dealing-with-a-charge-of-sexual-exploitation-of-a-minor-in-maine/ - Categories: Child Exploitation, child pornography, Sex Crimes Accused or Charged with Sexual Exploitation of a Minor: What You Need to Know Allegations involving the sexual exploitation of a minor are among the most serious criminal charges a person can face in Maine. These types of offenses—often involving accusations of child pornography, online solicitation, or unlawful sexual contact—carry severe legal penalties and lifelong consequences. Beyond the legal ramifications, the social stigma attached to these allegations can be devastating, even before a conviction occurs. Sexual exploitation and abuse of minors are considered especially serious because of the long-term emotional and psychological impact on victims. Studies consistently show that individuals who experience sexual abuse as children may struggle with trust issues, anxiety, depression, and other mental health challenges well into adulthood. Media headlines frequently highlight these types of offenses, reinforcing the intense scrutiny placed on those accused. A recent high-profile case in the Boston area, involving child pornography and other related crimes, illustrates just how aggressively law enforcement and prosecutors pursue these charges. In this article, we’ll explain what you need to know if you or someone you care about is facing charges related to the sexual exploitation of a minor in Maine. We’ll cover how these cases are investigated, what potential defenses may be available, and why working with an experienced criminal defense attorney is absolutely critical. Maine Resident Charged with Multiple Sex Crimes in Boston On September 1, 2022, Patrick Plummer pleaded guilty to multiple sex crimes in a federal court located in Boston, MA. Mr. Plummer is... --- ### Is Pushing Considered Domestic Violence in Maine? > Get guidance on domestic violence laws. Our defense attorneys can answer the question, is pushing considered domestic violence in Maine. - Published: 2023-02-15 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/is-pushing-considered-domestic-violence-in-maine/ - Categories: Domestic Violence - Tags: domestic violence Domestic violence cases can be some of the most challenging to deal with for everyone involved. Families with children can be thrown into turmoil with emotions running high. Many people are unaware that for the prosecution to secure a conviction for domestic violence assault in Maine (Title 17-A, §207-A), no physical injury to the alleged victim is necessary. What happens if a verbal fight gets out of hand and physical contact is made by pushing or shoving? Is a simple push enough for abuse charges to be filed? Let’s say that a neighbor or family member calls the police. If a complaint is made, Maine law enforcement has a duty to investigate. Usually, two officers will appear at the door and speak to the parties involved, individually. The investigation into whether domestic violence has occurred will include observations at the scene and a search for any signs of a struggle, such as bruises or broken items in the home. Witnesses, if present, will also be interviewed. Is pushing abuse in Maine? Even if there are no obvious signs of violence but the alleged victim relates to the police how he/she was pushed or shoved, this can still result in a domestic violence charge. Under Maine’s laws on domestic violence, intentionally, knowingly or recklessly causing bodily injury or offensive physical contact to another family or household member is considered domestic violence assault. So, even if a minimal amount of force is used and no injury results (as is generally the case... --- ### Why hire a Criminal Defense Lawyer in Maine > Protect your rights and secure the best possible outcome in your criminal case by hiring a skilled criminal defense lawyer in Maine. - Published: 2023-01-15 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/why-hire-maine-criminal-defense-lawyer/ - Categories: Criminal Defense If you have been arrested or are under investigation for a crime in Maine, it is crucial to retain the services of a competent and experienced criminal lawyer. A criminal lawyer can provide you with the legal expertise and representation necessary to protect your rights and achieve the best possible outcome for your case. Whether you are facing a minor offense or a serious crime, a criminal lawyer can help you navigate the complex and often intimidating criminal justice system in Maine. At The Maine Criminal Defense Group, our team of experienced criminal lawyers has a deep understanding of the judicial system in Maine and a proven track record of successfully defending clients in a wide range of criminal cases. In this article, we will explain why it is important to hire a criminal lawyer in Maine and discuss the many benefits of having a criminal lawyer on your side. Whether you are facing charges for an OUI / DUI, a drug offense, a theft crime, or any other type of criminal offense, we can help you achieve the best possible outcome for your case. What Does a Criminal Defense Lawyer Do in Maine? A criminal lawyer in Maine is an attorney who specializes in representing individuals who have been accused of a crime. Criminal lawyers provide legal representation in a wide range of criminal cases, including but not limited to, traffic violations, DUIs, drug offenses, theft, assault, and white-collar crimes. They also provide legal advice, negotiate plea bargains, and... --- ### DUI Checkpoint Laws and Expectations in Maine > Know your rights at DUI checkpoints in Maine. Learn what's legal, what to expect, & how a skilled OUI attorney can help protect your license. - Published: 2022-12-12 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/sobriety-checkpoint-laws-and-expectations-in-maine/ - Categories: OUI / DUI / DWI, Sobriety Checkpoints If you’re stopped at a DUI checkpoint in Maine, what you do and say in those first few minutes can have serious legal consequences. Understanding your rights and the legality of these roadblocks is essential—especially if you’re facing potential OUI (Operating Under the Influence) charges. DUI Sobriety checkpoints are legal in Maine, but only under strict guidelines that ensure constitutional protections are not violated. If law enforcement fails to follow these procedures, any evidence collected at the scene could be challenged in court. In this guide, we explain how DUI checkpoints work in Maine, what rights you have during a stop, whether you're legally required to comply with field sobriety tests, and how to protect yourself from unlawful searches or arrests. If you’ve recently been stopped or charged after a sobriety checkpoint, speaking with an experienced Maine OUI attorney may be critical to preserving your license, your freedom, and your future. What are sobriety checkpoints? Sobriety checkpoints are sometimes known as “OUI roadblocks”. They are points on the roads in Maine where the police either stop every vehicle or a random selection of vehicles, to check for drivers over the legal alcohol limit or under the influence of drugs. These checkpoints can be set up at any time, but often appear more frequently during holiday periods and in the summer. Are OUI/DUI Sobriety Checkpoints Legal in Maine? Yes, sobriety checkpoints—also known as OUI/DUI roadblocks—are legal under federal law, even though they differ from the usual requirement that police must have... --- ### Bail Violations and your Rights to Bail in Maine > Bail in Maine is guaranteed to all persons charged with a criminal offense, except in specifically defined situations. To learn more call us. - Published: 2022-12-12 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/bail-violations-and-your-rights-to-bail-maine/ - Categories: Bail, Criminal Defense Bail Code in Maine Title 15, Chapter 105 of the Maine Revised Statutes governs all issues pertaining to bail in Maine. When a defendant has been arrested and charged with a crime, the judge or bail commissioner will normally set bail. Bail allows the defendant to remain free while the charges are pending, the purpose of which is to that the integrity of the Maine judicial is preserved, that the defendant appears at all scheduled court proceedings, and that the public safety is protected. Bail is guaranteed to all persons charged with a criminal offense, except in specifically defined situations. One example where bail is discretionary is in formally capital crimes such as murder. How is Bail Determined in Maine? Bail is available in two contexts: pre-conviction bail and post-conviction bail. Pre-conviction Bail Pre-conviction bail is the most common form of bail and is imposed at the very start of a case, usually right after a person has been arrested and charged with a crime. Post-conviction Bail Post-conviction bail is imposed when a person has pled guilty to a crime or been found guilty of a crime, following a trial by judge or jury. In those cases, a person will usually have to post some form of cash bond if he or she wishes to remain free, pending imposition of a sentence by the court. In the pre-conviction bail context, bail will be set as either personal recognizance, which means the defendant essentially "promises to appear" to all scheduled court... --- ### Maine Habitual Offender License Revocation Laws > We explain the habitual offender license revocation law in Maine. If you are in a difficult position after loosing your license, call us. - Published: 2022-11-30 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/understanding-habitual-offender-license-revocation-law-maine/ - Categories: Habitual Offender, OUI / DUI / DWI Maine Habitual Offender License Revocation Laws You probably know that if the Maine Bureau of Motor Vehicles (BMV) sends you a notice that says you’re classified as a Maine Habitual Offender, it’s not good news — but what does it mean exactly? Is there any way that you can continue to drive legally? Can you get your license back? This article explains the habitual offender revocation law in Maine so that if you find yourself in this difficult position, you don’t make a bad situation worse. The habitual offender law in Maine Under Maine state law, you become a habitual offender and your license will be immediately revoked by the courts if: You’re convicted of three or more separate motor vehicle-related crimes within the past five years, or You’re convicted of 10 or more separate traffic (moving) violations within the past five years. Not all motor vehicle-related crimes are included in this classification (see more about this below) but the vast majority are. Traffic violations include everything from speeding to running a red light. Can I get my license back? The revocation of a license for habitual offender status is initially for three years. However, after serving a minimum of 18 months, you may take steps to request to get your license reinstated. These steps start with petitioning the Secretary of State for a hearing to show cause why the license should not remain revoked. Penalties when continuing to drive as a habitual offender in Maine If you were properly... --- ### Maine Computer Crimes and the Laws > If you’ve been struck with a computer-based criminal charge, call the tenacious and experienced lawyers at The Maine Criminal Defense Group. - Published: 2022-10-21 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/maine-computer-crimes-and-the-laws/ - Categories: Computer Crimes, Criminal Defense In the span of less than 5 decades, computers have utterly transformed our society. Those of the baby boomer generation will be able to appreciate the scale of this transformation perhaps better than anyone else. Prior to the computer revolution, computers were huge, cumbersome devices which only a select few individuals and institutions in society could access. Fast forward to today, and now we have computers which can literally fit inside our pocket! Virtually every facet of our lives has been impacted by the rise of computer technology: business, personal relationships, travel, gaming, and so forth. The world of business has been especially affected: now, with advances in computer technology, businesses can transact more quickly and efficiently, and this has translated into huge gains for many firms around the country. The rise of computers has brought about a whole new class of crimes, as well, as this new technology has opened up possibilities for novel types of criminal misconduct. Accordingly, the State of Maine has developed new laws to ensure that these new crimes don’t go unpunished. In this post, we will dig into Maine’s statutory system on computer crimes. Maine’s computer crime laws can be found under Title 17-A, Chapter 18, §431 through §437. In this post, we will discuss the ins and outs of this important chapter, and then follow up with a brief discussion on Maine’s “cyberbullying” law, which isn’t included in this same chapter. As we will see, the State of Maine takes computer crimes seriously;... --- ### Out-of-State Protection from Abuse Orders in Maine > Our Maine criminal lawyers are here to help non-residents and residents, carrying PFAs from out-of-state, have the tools they need. Call us. - Published: 2022-10-20 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/out-of-state-protection-from-abuse-orders-in-maine/ - Categories: Domestic Violence, Protection From Abuse In our previous post, we discussed some of the finer points of protection from abuse orders (PFAs) in the State of Maine. In that article, we focused specifically on protection from abuse orders developed and finalized here in the State of Maine, and we made a few references to out-of-state PFAs In this post, we’d like to flip this situation and focus on out-of-state protection from abuse orders in Maine law. As we touched on briefly before, there are all sorts of things which someone needs to be aware of if they attempt to register and enforce an out-of-state protection from abuse order in this state. We’re going to layout the details, point by point, so that non-resident readers, and residents carrying PFAs from out-of-state, have the tools they need when it comes to enforceability. If you have a protection from abuse order which needs modification, or you have concerns about enforcement, or you need to petition for a new order altogether, the attorneys at the Maine Criminal Defense Group can be of assistance. Our team has the knowledge and experience to help you navigate through the process of registering a foreign PFA, or obtaining a new PFA. If you’d like to learn more, contact us today by calling (207) 571-8146. Your Maine PFA is Potentially Enforceable in Other States Before we discuss out-of-state orders in the State of Maine, let’s first briefly touch on the matter of Maine orders in other states. Under current federal law, if a Maine... --- ### What is Considered a Felony OUI in Maine? > We will cover the various types of felony OUI offenses in Maine, and then possible punishments you may face. Call William Bly to learn more. - Published: 2022-10-20 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/what-is-considered-a-felony-oui-in-maine/ - Categories: Felony OUI / DUI, OUI / DUI / DWI Contrary to what some people suppose, operating a motor vehicle is a privilege, not a right, and therefore the privilege of operating a motor vehicle can be permanently revoked by the State of Maine. The State of Maine has the ability to grant, take away, and reinstate driver’s licenses based on the performance and behavior of motorists, provided that the state’s actions are consistent for everyone. Maine law regulates motorists in various ways, but one of the key ways is with its proscriptions on driving while under the influence of alcohol (or other intoxicating substances). In the past, we’ve touched on the topic of driving while under the influence under Maine law, but today we would like to focus more specifically on felony driving offenses. In this post, we will cover the details of felony instances of operating while under the influence, or “felony OUIs. ” As we will show in greater detail, the consequences for felony OUIs can be quite severe. For this reason, being hit with a charge of felony OUI is never something to approach lightly. If you’ve recently been hit with a felony OUI allegation, or think you may soon be hit with such a charge in the near future, you need to reach out for competent legal representation immediately. Hiring a capable attorney can mean a world of difference when it comes to possible penalties. First, we will give a brief introduction, and then move to a detailed discussion on BAC results. From there, we... --- ### Serious Penalties Apply for Credit Card Fraud & Other Financial Crimes in Maine - Published: 2022-10-19 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/serious-penalties-apply-for-credit-card-fraud-other-financial-crimes-in-maine/ - Categories: credit card fraud, Criminal Defense, White Collar Crimes Financial crimes can be among the most destructive to individual victims and to society as a whole. These crimes can also be among the most difficult to punish, because these crimes differ from other offenses in critical ways. For instance, with financial crimes such as credit card fraud, there is no violence committed by the perpetrator, no form of assault, no harassment or other intimidation; but, though that may be true, it’s also the case that financial crimes can leave behind a truly devastating impact. Consider the widespread financial devastation inflicted by the “Enron scandal” back in the early 2000s: even though the Enron top executives didn’t physically harm anyone, they still deserved harsh sentences because of the sheer impact of their actions. Thousands of Enron employees lost their jobs, and many lost their retirement accounts; justice demanded that the responsible parties be treated with some degree of harshness. The State of Maine has laws on credit card fraud, debit card fraud, identity theft, and various other related crimes. In this post, we’re going to discuss these financial crimes by looking carefully at the current provisions in Maine law; we will conclude by pointing out the possible penalties for these crimes. If you’ve been charged with credit card fraud or any other financial crime in Maine, you likely need legal assistance right away. As we will see, these crimes are taken quite seriously in Maine, and consequently they can lead to tough penalties. The risk is simply too great to... --- ### Penalties for Underage Drunk Driving and Drugged Driving in Maine > Facing an underage OUI in Maine? Learn about the penalties for drunk and drugged driving charges if under 21. You have rights. Call us. - Published: 2022-10-01 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/penalties-underage-drunk-driving-drugged-driving-maine/ - Categories: marijuana OUI, OUI / DUI / DWI, Underage OUI Maine takes Operating Under the Influence (OUI) offenses — both alcohol and drug-related — very seriously, with severe penalties in place to deter impaired driving. Statistically, OUI-related fatalities are a leading cause of death in Maine and across the country, making it clear that driving under the influence of alcohol or drugs poses significant dangers. Impairment can lead to severe effects such as impaired vision, reduced motor skills, hallucinations, and even loss of consciousness, making it unsafe for both the driver and others on the road. Underage drivers face even harsher consequences under Maine's "zero tolerance" policy, which mandates strict penalties for those caught with any measurable amount of alcohol or drugs in their system. This post will delve into the penalties for both underage and non-underage OUI offenses, explaining the legal ramifications and the long-term impact on your driving privileges and criminal record. If you have been charged with underage OUI or standard OUI, it is critical to seek immediate legal counsel to help protect your rights and potentially minimize the consequences. An experienced defense attorney can be crucial in navigating the legal complexities of your case and reducing the severity of the penalties you face. Zero tolerance Law in Maine Maine enforces a strict Zero Tolerance Law for drivers under 21, making it illegal to operate or attempt to operate a vehicle with any measurable alcohol in their system. A violation results in an automatic one-year license suspension, with harsher penalties for those who refuse a chemical test.... --- ### OUI Conviction and the Affects on Your Insurance Premiums in Maine > Fines, driving suspension, and a criminal record may be the main punishments following an OUI in Maine, along with insurance premium changes. - Published: 2022-09-28 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/oui-conviction-affects-your-insurance-premiums-maine/ - Categories: OUI / DUI / DWI, SR-22 If you’re convicted of an OUI (the term used for drunk driving in Maine), you face multiple penalties that will affect you in the future. A fine, a driving suspension, and a criminal record may be the main punishments but they are not necessarily the whole story. An often-overlooked consequence of an OUI conviction in Maine is increased insurance premiums for repeat offenders. This can end up costing thousands more dollars in the years ahead, in addition to the fines and fees already paid. So, let’s take a look at exactly how an OUI conviction affects insurance premiums here... When do you need to file an SR-22 in Maine? An SR-22 form must be completed by drivers who have a high-risk driving violation on their records, such as a second offense OUI. The document is usually filed by insurance carriers with the Maine Bureau of Motor Vehicles (BMV) upon a driver’s request to prove that they have the appropriate level of coverage to drive in the state. If you are accused of operating a vehicle under the influence (OUI), two separate proceedings will begin against you: a criminal case and an administrative driving penalty applied by the BMV. Maine does not directly notify your insurance carrier in either of these proceedings and you are not required to file an SR-22 form with the BMV to have your driving privileges restored after a first offense administrative suspension or criminal conviction. Learn More → The SR-22 insurance requirements in Maine However, after... --- ### Key Details on Maine’s Sex Offender Registry & Other Related Issues > If you end up grappling with a conviction, you need someone who can guide you through the sex offender registration process. - Published: 2022-08-17 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/key-details-on-maines-sex-offender-registry-other-related-issues/ - Categories: Sex Crimes, Sex Offender Registry, Statute of Limitations Note: We do not do any sex registry work but we do handle all sex-related cases Sex crimes are among the most destructive, antisocial behaviors in our whole society. Everyone throughout the country understands the severity of these types of crimes. The severity of sex crimes is the reason why these crimes are punished so harshly, not just in the form of fines and jail time, but also in the form of the sex offender registry. Whenever certain sex crimes are committed – and we will discuss these specific crimes below – the convicted offender is required to register as a sex offender with Maine’s official sex offender registry. This registry, as we’ve talked about previously, is operated by Maine’s State Bureau of Identification (SBI). If you’re a convicted offender and you’re obligated to register as with your local sex offender registry, you need to know all the various steps and procedures involved with turning in your registration and keeping your registration active. There are many rules which govern the registration process, and offender’s need to take the initiative to stay up-to-date and ensure that everything is complied with properly. If you’ve been charged with a sex crime, you need to obtain qualified counsel immediately, because dealing with a sex crime allegation alone is not a recommended practice. Furthermore, if you end up grappling with a conviction, you need someone who can guide you through all the steps involved with the sex offender registration process. The Requirement of Registering as... --- ### An Overview of Title IX Investigations & Related Issues > If you’ve been charged with a Title IX sexual assault or sexual misconduct, avoid panicking and contact The Maine Criminal Defense Group now. - Published: 2022-08-15 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/overview-title-ix-investigations-related-issues/ - Categories: Sex Crimes, Sexual Assault, Title IX When most people think of “Title IX” they tend to focus on the role on Title IX in preventing sexual or gender-based discrimination on college and university campuses. Title IX is certainly concerned with this type of discrimination, but it’s also focused on preventing sexual assault and sexual misconduct on campuses too. If a college or university fails to comply with the rules of Title IX, that college or university risks losing federal funding. Consequently, colleges and universities subject to Title IX have special “Title IX officers” who focus specifically on compliance with these rules and regulations. Title IX officers oversee an elaborate system which investigates allegations of sexual assault or sexual misconduct on campus. In this post, we’re going to go over these Title IX investigations (of sexual assault allegations) in detail. When a college or university subject to Title IX receives a sexual assault complaint, there is a duty to conduct an independent investigation to assess the veracity of the claim. This investigation is wholly separate from any law enforcement or criminal investigation. In the coming sections, we will discuss the details of the Title IX investigation process, including the role of attorneys in the process, defense strategies, Title IX interrogations, standards of proof, and other related issues. If you’ve been hit with a Title IX sexual assault or sexual misconduct allegation, the first thing you want to do is avoid panicking. Allegations of this kind can be quite frightening. The next thing you should do is obtain... --- ### What Happens If You Have Been Charged with Assault in Maine? > Assault can be charged as a misdemeanor or felony in Maine, as well as jail time, you will face severe consequences. Learn more. - Published: 2022-08-11 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/what-happens-if-you-have-been-charged-with-assault-in-maine/ - Categories: Aggravated Assault, Assault, Felony, Misdemeanor If you’ve been charged with assault in Maine, your priority should be to ensure that the charge does not result in a conviction. Assault can be charged as a misdemeanor or felony and, as well as jail time, you will face severe consequences for your future if you are convicted. Self-representation, therefore, should not be an option. If you’re charged with assault in Maine, call a credible criminal defense lawyer as soon as possible. Once we know the details of your charge, we will begin working on your release (if you remain in custody) and start building a defense. Normally, bail will be set within a few hours of your arrest and you will be issued a summons that includes the date and time of your first hearing and the court location. It helps to understand more about the crime of assault, the different classes, and the punishments you may face. What constitutes assault? Under the Maine Criminal Code 17-A §207, if you “intentionally, knowingly or recklessly cause bodily injury or offensive physical contact to another person” you can be charged with assault. Most assault cases involve bodily harm but assault cases have been filed after minimal contact because, by definition, bodily harm is not necessary — the defendant only needs to cause offensive physical contact. Minor altercations are sometimes exaggerated without good reason — and a criminal charge is a harsh lesson to learn for the defendant Assault is not to be confused with battery, which is a more... --- ### What Happens to Your CDL in Maine if You Get an OUI? > What happens to your commercial license if you get an OUI in Maine? Do you lose it? Will there be fines? Could you lose your job? Learn more. - Published: 2022-08-09 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/what-happens-to-your-cdl-in-maine-if-you-get-an-oui/ - Categories: Commercial License, OUI / DUI / DWI Commercial driver’s license (CDL) holders are held to higher standards than most other road users in Maine. These types of licenses are considered special driver’s licenses that allow someone to drive commercial motor vehicles like large trailer trucks and buses — or any vehicle over 26,000 pounds. An OUI is an especially serious offense if you drive a commercial vehicle. You would be right to have concerns about your license and, indeed, your employment and your ability to earn an income should you find yourself on the wrong side of a breathalyzer test with Maine law enforcement. So, what happens to your commercial license if you get an OUI in Maine? Do you lose it? If so, for how long? Let’s clear up the main questions we’re asked about this situation by commercial drivers... . Criminal DUI with a commercial driver’s license in Maine To maintain employment that involves driving a commercial motor vehicle, you must have a valid CDL in Maine. A criminal charge for DUI, which is more correctly called “operating under the influence” (OUI) in Maine, can put this license at risk. This applies regardless of whether the CDL holder is driving a commercial vehicle at the time of the stop by law enforcement or not. The bottom line is that if the charge leads to an OUI conviction, the CDL holder will experience a negative impact on his/her CDL. Under the Maine OUI laws, you can be charged with OUI in the following circumstances if you... --- ### A Detailed Examination of Maine’s Protection Orders > We understand the processes involved with protection orders in Maine, so we can help you navigate these systems with positive outcomes. - Published: 2022-08-08 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/detailed-examination-maines-protection-orders-related-issues/ - Categories: Protection From Abuse Updated: October 20, 2022 Protection orders – also referred to as “restraining orders,” “protection from abuse orders,” or “POs” – are court directives designed to provide a level of safety to a certain person or group of persons. These orders can be used to achieve different goals: in some cases, they forbid the target person (i. e. the person restricted by the PO) from coming within a certain distance of the protected person or persons; in other cases, the PO may simply remove the target person from residing with the protected person any longer. Protection orders can carry a wide range of provisions, as we will explore in some detail later on. In the State of Maine, protection orders come in two distinct forms – temporary orders, and permanent orders (which last for 2 years). Protection orders can be issued in response to a wide variety of behaviors, but common reasons for a protection order request include stalking behavior, threats of physical violence, acts of physical violence, and so forth. Sadly, protection orders are commonly issued in domestic violence contexts: often, a family member will send threats to another family member, and then a protection order is eventually sought after attempts to resolve the situation fail. The legal system in Maine takes protection orders very seriously, and so violations of established orders can carry heavy punishments. To make matters worse, the evidentiary hurdle for receiving a protection order is quite low and is by preponderance of the evidence, which means... --- ### What is the difference between reasonable articulable suspicion and probable cause in Maine - Published: 2022-08-01 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/difference-between-reasonable-articulable-suspicion-probable-cause-in-maine/ - Categories: Criminal Defense, OUI / DUI / DWI If police need to have probable cause to even start searching for evidence of a crime, what factors come into play in order for them to pull you over for operating under the influence (OUI)? In some cases, it's pretty clear that a police officer has probable cause to believe a crime has been committed when he or she observes a person driving drunk and later, conducts an OUI investigation that includes field sobriety testing. If an officer watches someone stumble out of a bar and take several minutes to key into their car before turning it on, not many will doubt that the officer had probable cause to believe that the driver was attempting to operate his vehicle under the influence for the purpose of arrest. Probable Cause VS Articulable Suspicion When a cop is patrolling on the highway and sees a car driving erratically, how much swerving does it take before there's probable cause to stop it? Good question but wrong terminology. In legal parlance, a police officer needs LESS than probable cause to pull a car over. Reasonable Articulable Instead, the officer needs a reasonable articulable suspicion (RAS) to stop a car for a traffic infraction or to believe a crime may have been committed, IE, like DUI. A car crossing all three lanes of a highway or swerving repeatedly within its lane obviously gives police RAS to pull it over, however, a car never contacting the lane markers, does not give the officer RAS to stop... --- ### Top 9 Title IX’s Sexual Harassment Provisions in Maine > If you’re a teacher, employee or administrator in Maine needing Title IX compliance counsel, or have a current complaint or charge, call us. - Published: 2022-06-28 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/top-9-title-ixs-sexual-harassment-provisions-in-maine/ - Categories: Sex Crimes, Sexual Assault, Title IX When people refer to “Title IX,” they are referring to the provisions of Title IX within the Education Amendments of 1972 (20 U. S. C. §§ 1681 et seq. ). The purpose of these provisions is the prevention of gender-based discrimination, all forms of sexual harassment, and unlawful retaliation. The provisions of Title IX apply to transgender individuals as well as those who identify as their birth sex. The basic purpose – and scope – of Title IX is summed up fairly well with the following words in the legislation itself: “... No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance... ” Since its creation, Title IX has resulted in many complaints and lawsuits deriving from gender-based discrimination, sexual harassment, and retaliation against complainants and litigants. As we will discuss, the most well-known context associated with Title IX is sports and athletics, but Title IX applies in other contexts too. Issues involving gender – especially those having to do with transgenderism – continue to be widely discussed and prominent throughout Maine and the rest of the country, and so we will likely see many more complaints in the future. As criminal defense experts, the lawyers at the Maine Criminal Defense Group are very familiar with the provisions, procedures and concepts of Title IX; we can provide expert consultation on the most probable outcome of... --- ### Refusing a Breathalyzer or Chemical Test When Pulled Over for an OUI in Maine > Understanding your rights & obligations is important if asked to perform a breathalyzer or chemical test when suspected of an OUI in Maine. - Published: 2022-06-27 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/refusing-oui-breathalyzer-chemical-test-maine/ - Categories: OUI / DUI / DWI If you are pulled over for OUI in Maine, it’s worth bearing in mind several important points. First, you may be asked to perform a chemical test as well as field sobriety tests, and you should know your rights and obligations about consenting to them. Second, the difference between being convicted for an OUI/DUI and being acquitted or having the case dismissed is often what the suspect said during the investigation, prior to the arrest. People who say the least to the investigating officer(s) often have a more favorable case outcome. Finally, you have a better chance of a favorable outcome with legal representation from an experienced OUI attorney. Now that you know that, let’s clear up the first of these points — understanding your rights and obligations if asked to perform a breathalyzer or other chemical test if you are suspected of OUI in Maine. What is Maine’s “implied consent” law? A police officer who pulls you over on suspicion of OUI is likely to have been trained to perform an OUI investigation. The investigation usually starts with an observation of erratic driving or minor traffic violations, such as speeding, running a red light, not driving straight, swerving within the lane, etc. You may be recorded by body cam and asked questions. Legally, all you have to provide is your name, address, and your driver’s license and insurance card. It’s best to remain calm, cooperate and be polite, but decline to answer any questions that you do not have... --- ### Underage OUI Charges in Maine > If you're proactive and seek an experienced underage OUI defense attorney, you have a good chance of getting off as a one time mistake. - Published: 2022-06-27 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/underage-oui-charges-in-maine-what-you-need-to-know/ - Categories: Juvenile Offenses, Juvenile OUI / DUI, OUI / DUI / DWI Anyone charged with operating under the influence (OUI) in Maine faces serious repercussions but, for underage OUIs, the consequences of a permanent criminal record can carry over into later life and impact your future. If you are aged under 21 and charged with OUI, therefore, it is important to take the charge seriously and to take preventative measures to avoid the most serious consequences. It can be intimidating to be treated as a criminal for an honest mistake behind the wheel, so it helps to understand more about the legal processes and what you can expect if charged with underage OUI in Maine... Maine’s “zero tolerance” OUI/DUI laws Maine operates a “zero tolerance” policy toward youngsters who drive under the influence of alcohol (OUI). This is meant to deter drivers from drinking and driving. Drivers under the age of 21 are not permitted to operate a vehicle with any measurable amount of alcohol in their blood. If you are convicted under the zero-tolerance policy, the administrative license suspensions imposed for an underage OUI (explained in the next section) are bad enough. However. If you are arrested for a criminal underage OUI, you will face misdemeanor charges, which can have even more serious consequences for your future. When does an underage driver face standard OUI penalties in Maine? The penalties for an underage driver take a step up to misdemeanor criminal charges if he or she is stopped operating a vehicle with a blood alcohol concentration (BAC) over . 08%, which... --- ### Maine Sexual Assault & Rape Laws > Learn about Maine's sexual assault and rape laws, including definitions, penalties, and legal defenses. Get the facts. Know your rights. - Published: 2022-05-18 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-sexual-assault-rape-laws/ - Categories: Sexual Assault In Maine, sexual assault crimes cover a range of offenses, from unlawful sexual contact to gross sexual assault (rape) and statutory offenses involving minors. These crimes carry severe penalties, including lengthy prison sentences, mandatory sex offender registration, and permanent criminal records. Maine law defines sexual assault based on lack of consent, force, or victim age, and prosecutors aggressively pursue convictions. If you’re facing allegations, understanding your legal options is critical. At The Maine Criminal Defense Group, we have extensive experience defending against sexual assault and rape charges in Maine. If you're being investigated or charged, contact us today for immediate legal guidance. Types of sexual assault crimes in Maine Maine law defines sexual assault as a broad category of offenses ranging from forcible rape and child molestation to unlawful sexual contact and harassment. These crimes vary in severity, with penalties that depend on factors such as the use of force, the victim’s age, and the presence of aggravating circumstances. The most serious offenses, such as gross sexual assault (rape) or sexual abuse of a minor, can lead to lengthy prison sentences and mandatory sex offender registration. Less severe offenses, like child enticement, non-violent harassment, or stalking, still carry serious legal consequences. Each charge comes with different degrees of severity and sentencing guidelines, making legal representation essential if you are facing allegations. Understanding how Maine classifies sexual assault offenses is crucial for navigating the legal system and protecting your rights. At The Maine Criminal Defense Group, we specialize in defending individuals... --- ### Steps in a Title IX Defense Case in Maine: What You Need to Know > If you're accused of sexual misconduct under Title IX, contact an attorney at The Maine Criminal Defense Group for an initial consultation. - Published: 2022-05-17 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/steps-in-a-title-ix-defense-case-in-maine/ - Categories: Sex Crimes, Sexual Assault, Title IX Being accused of sexual misconduct in an educational environment in Maine can have serious ramifications for your future. As such, any accusation must be treated seriously. Even if you are sure that you did nothing wrong, the school or college is duty-bound to investigate and the reputational damage alone can be significant. Any Title IX complaint will trigger the school or college’s disciplinary process, which may find you responsible for something you didn’t do — sometimes as a result of in-built bias against anyone accused of sexual misconduct. Suspension or even expulsion and a permanent blot on your record can harm your future educational and career prospects. But, in America, we are innocent until proven guilty — and many people are wrongly accused of misconduct and crimes. So, what exactly can you do about it? It helps to know what happens with a Title IX complaint, how to increase your chances of a favorable outcome, and what your legal options are if the school’s disciplinary process rules against you. Start of the Title IX disciplinary process The vast majority of schools in Maine receive federal funding and must, therefore, comply with Title IX of the federal Civil Rights Act. This prohibits college or university discrimination based on gender. Those schools that do not comply with Title IX can lose grants, federal funding, approval of federal student loans, etc. Usually, when there is an accusation of sexual misconduct against a student in a federally funded school, college or university, the alleged... --- ### Statute of Limitations for Sexual Assault in Maine > There is a trend toward eliminating the statute of limitations for civil claims and criminal prosecutions involving childhood sexual abuse. - Published: 2022-05-10 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/statute-of-limitations-for-sexual-assault-in-maine/ - Categories: Sex Crimes, Sexual Assault, Statute of Limitations Sexual assault cases in Maine may proceed as criminal or civil cases depending on the circumstances. In many criminal and civil cases, a statute of limitations applies. These are time limits placed on the filing of civil actions and criminal charges. They are imposed for two main reasons: To make the Maine justice system more efficient To prevent the spoliation of evidence: it is generally agreed that the further away from the date of the event that the case is filed, the higher the likelihood of evidence being destroyed, lost or spoiled in some sense. Typically, if you file a civil lawsuit after the statute of limitations expires, your case will be dismissed. So, what are the time limits in sexual assault cases in Maine? As criminal defense lawyers representing defendants in many sexual assault cases in the state, the statutes of limitations are often a relevant factor. It helps to understand what limitations are in place for both the victims of sexual assault and the prosecutors. What to do if you are being interviewed by the police for a sex crime What criminal statutes of limitations apply in Maine? If the sexual assault is a criminal matter, there is a set length of time for which prosecution proceedings can be commenced (from the date of the alleged crime). The following are the major series of limitations that apply to criminal cases in Maine: For most felonies (Class A, B, or C crimes): six years Murder, first or second-degree criminal... --- ### Maine Domestic Violence Penalties > Domestic violence penalties, if convicted, are serious & will stay on your permanent criminal record indefinitely. Contact us now for help. - Published: 2022-04-29 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/domestic-violence-laws-penalties-maine/ - Categories: Criminal Defense, Domestic Violence - Tags: domestic violence Domestic violence laws in Maine In essence, domestic violence refers to any sort of violent behavior (or even non-violent behavior which is still offensive) perpetrated against a family member, household member, dating partner, or sexual partner. Domestic violence is among the most serious issues in our society. Few would deny that being a domestic violence victim can be one of the most traumatic experiences a person can undergo. Of course, being a victim of any type of violent crime can be very difficult, but when the accused is a family or household member, this crime takes on an even more destructive element. Wounds from domestic violence can be both physical and emotional; the emotional wounds, in particular, can be very devastating. Maine fully recognizes the seriousness of these crimes. As a consequence, the State of Maine has developed a very thorough system of laws to combat domestic violence in all its manifestations. Under Title 17-A, Chapter 9 (“Offenses Against the Person”), Maine has several sections which deal specifically with domestic violence crimes. In other words, domestic violence crimes are literally categorized separately, and have their own set of descriptions, rules and guidelines. As we will discuss, the severity of domestic violence crimes is reflected in Maine’s criminal treatment of these offenses. In this post, we will provide some details on the various domestic violence crimes currently on the books here in the State of Maine. We will provide basic descriptions, as well as information on how these offenses are classified... --- ### Traffic Ticket Lawyer Explains Traffic & Speeding Tickets in Maine > Traffic violations in Maine are not usually a criminal offense but some violations like, criminal speeding, can result in criminal charges. - Published: 2022-03-30 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/traffic-ticket-lawyer-explains-traffic-speeding-tickets-in-maine/ - Categories: Criminal Defense, Criminal Speeding, Traffic Offenses Many drivers in Maine who receive a traffic ticket for speeding or another infraction simply pay it without thinking twice. That can be a mistake. Not only does it mean that you admit guilt to a traffic offense but it could lead to the loss of your driver’s license or worse. It helps to know more about your options if you are accused of speeding or another traffic violation in Maine. What can you do if you are issued a Maine traffic ticket? A traffic violation in Maine is not usually a criminal offense though some serious violations like criminal speeding can result in criminal charges (see below). In any case, you do not simply need to accept the accusation. If you receive a ticket for speeding or another infraction, you will need to “answer” it within 20 days. To do this, you fill out the back of the ticket and send it back to the address detailed. When filling out the ticket, you can either plead guilty by answering the ticket as “admitted” (and pay the fine) or as “contested”. If you do the latter, the state will need to prove your violation in court. While many drivers do not consider contesting their tickets, there are often legitimate defenses and a traffic ticket lawyer can often successfully fight the accusation. Besides, many tickets are issued wrongfully in Maine every week. How do you contest a speeding ticket or other traffic violation? If you contest your traffic ticket, a date... --- ### Prohibited Consensual Sexual Activity Laws in Maine > Not all sex crimes concern non-consensual sexual activity in Maine. Certain consensual activities are prohibited in the state. Learn More - Published: 2022-03-29 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/prohibited-consensual-sexual-activity-laws-in-maine/ - Categories: Sex Crimes, Sexual Assault Most people think of criminal sexual conduct as sexual assault, rape or another non-consensual activity. However, not all sex crimes concern non-consensual sexual activity in Maine. Certain consensual activities are prohibited in the state of Maine. While many outdated laws such as those outlawing sodomy have been repealed, people should be aware of several other activities in Maine that are illegal and can lead to fines, imprisonment, and a criminal record. Can sexual activity be regulated in Maine? Whether the state should be able to regulate sexual activities between two consenting adults has been a bone of contention for some time in U. S. law. In the past few decades, there has been a move away from prosecuting consensual sexual activity done in privacy. Many of the laws are considered outdated. If laws still exist, they are often considered unenforceable. A good example is same-sex sodomy. Criminal sodomy laws were repealed in Maine in 1975. The general view is that adults have a right to liberty and privacy in their own homes and this should not be violated. Furthermore, there should be no discrimination between homosexual and heterosexual couples. With that said, let’s take a look at some examples of consensual sexual activity that can be prosecuted in Maine. What is statutory rape in Maine? Statutory rape is sexual activity with a person under the age of 16 (this is the age of consent in Maine). Some people believe that a consensual sexual relationship with a minor is legal, but... --- ### Title IX and Sexual Assault on Campus in Maine - Published: 2022-03-29 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/title-ix-and-sexual-assault-on-campus-in-maine/ - Categories: Sex Crimes, Sexual Assault, Title IX For a law passed in 1972, Title IX has been in the news a lot in recent years. As sexual assault and other sex crimes have gained more attention in the media, Title IX laws have increasingly been expanded and discussed (under both the Obama and Trump administrations). These laws were originally designed to protect children at our schools from sex-based discrimination but they have become synonymous with the sexual assault of children within the education system. They apply to all educational institutions that receive federal funding and this covers the vast majority of schools, colleges and universities in the country. In recent years, we have seen how widespread the problem of sexual assault on campus is. According to a 2020 report by the Association of American Universities, 13 percent of graduate and undergraduate students experience rape or sexual assault through physical force, violence or incapacitation. That’s more than one in eight students. While sexual assault is rife amongst female students, male students are far from immune. Male college-aged students (18-24) are 78 percent more likely than non-students of the same age to be a victim of rape or sexual assault. Furthermore, amongst female students aged 18-24, only 20 percent report the assault to law enforcement, according to the Department of Justice. What is sexual assault? Sexual assault is a form of sexual violence where an individual subjects a victim to unwanted sexual contact. It encompasses a broad range of undesirable behavior from rape to unwanted touching or the threat... --- ### An Overview of Juvenile OUI and Other Juvenile Offenses in Maine > Underage crimes are a serious matter. If you’ve been charged with any juvenile offense, contact the Maine Criminal Defense Group now! - Published: 2022-03-15 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/an-overview-of-juvenile-oui-and-other-juvenile-offenses-in-maine/ - Categories: Juvenile Offenses, Juvenile OUI / DUI In the State of Maine, minors (those under the age of 18) can be charged with just about all the same crimes as adults. The key difference, however, is that offenses perpetrated by minors are handled by an entirely separate court system, a system referred to as “juvenile court. ” Juvenile courts have numerous features which distinguish them from traditional adult courts; they have their own rules, procedures, and so forth. Certain crimes, such as murder, can lead a minor to be prosecuted as an adult, instead of within the juvenile court system. We will elaborate on this a bit later. In the majority of cases, however, juvenile crimes are handled by the juvenile court system. Juvenile OUI and Other Juvenile Offenses In this post, we will provide an overview of the crime of operating under the influence (OUI) for juveniles. We will also cover other juvenile offenses, and provide a general introduction to the juvenile court system and the bond system in Maine. We will provide a brief overview of the possible penalties for juvenile offenses; in the future, we may come back and provide more detailed descriptions of other juvenile offenses and their corresponding punishments in Maine. If you’re a parent of a minor who has been charged with OUI, or another juvenile crime, the key thing is to not panic. Allegations of juvenile crime are serious, of course, but panicking will never help you deal with the situation properly. In this situation, you need effective legal counsel... --- ### A Breakdown of the Various White-Collar Crimes in Maine > Maine enforces laws on white-collar crimes aggressively, so offenders shouldn’t expect leniency without a skilled criminal defense lawyer. - Published: 2022-03-11 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/a-breakdown-of-the-various-white-collar-crimes-in-maine/ - Categories: Blackmail, Bribery, Civil Offenses, Counterfeiting, Embezzlement, Forgery, Identity Theft, Money Laundering, Securities Fraud, Tax Evasion, White Collar Crimes When most people think of “white collar” crime, they tend to think of the numerous high profile examples, such as the Enron scandal, or the insider trading scandal involving Martha Stewart. Although both of these things would certainly qualify, most white-collar crime is far less visible. Essentially, a white-collar crime is a non-violent crime, and it usually involves deception for a specific purpose, usually involving theft of money from a company (like embezzlement), insider trading, or patented ideas. Contrary to the popular imagination, white collar crime isn’t something perpetrated by social “elites,” and it doesn’t invariably involve millions of dollars being illegally transferred from point A to point B. In most cases, white collar crime is much less interesting, but nonetheless punishable with serious consequences under the law. Types of White Collar Crimes in Maine The State of Maine has a fairly well-developed system for both classifying and punishing instances of white-collar crime. In this post, we will identify and discuss the many white-collar crimes here in Maine. We discuss the general concepts of these crimes, rather than going over these crimes precisely as defined in the criminal code. We will also discuss some of the defenses for these crimes. In a future post, we may return and discuss the classifications and possible punishments of these crimes. Although white collar crime isn’t violent, it is still very serious, and the potential penalties can be quite harsh. Allegations of white-collar crime should be handled very carefully. If you need immediate assistance,... --- ### An Overview of Drug Crimes in Maine > Depending on the circumstances, a drug crime allegation in Maine can be quite serious, & obtaining legal assistance is imperative. - Published: 2022-03-09 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/an-overview-of-drug-crimes-in-maine/ - Categories: Drug Crimes In this post, we will survey Maine’s laws on the possession and trafficking of “scheduled drugs,” and then discuss the classification and possible punishments for drug related crimes. Drug crimes are among the most widely perpetrated crimes in the State of Maine. Depending on the circumstances, a drug crime allegation can be quite serious, and so obtaining legal assistance following an allegation is imperative. If you need help, don’t hesitate to contact the Maine Criminal Defense Group. Drug Crime Laws in Maine Over the Years Societal attitudes toward drug related crimes have undergone many changes during the past half century. In the 1980s, for instance, America saw a huge increase in the consumption of certain drugs. Cocaine, as an example, was used heavily throughout the country during the 1980s, among nearly all socio-economic levels of society. Marijuana also saw heavy use during that period, but not as much as cocaine. Societal attitudes shifted a bit, and America began to clamp down harder on certain drugs, adhering to a more or less fixed belief that drugs were harmful to both the consumer and society at large. More recently, we’ve seen attitudes shift again, with many states legalizing both the medicinal and recreational use of marijuana. In many places, attitudes have softened on other drugs as well. Although society seems to be continuing down a path of treating drug use more gently, the State of Maine still has laws which prohibit both the use, possession and trafficking of various drugs on its... --- ### Maine Law on Harassment via Telephone or Electronic Device - Published: 2022-02-18 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-law-on-harassment-via-telephone-or-electronic-device/ - Categories: Domestic Violence, Harassment With the simultaneous rise of the internet, smartphones, text communication, social media and other technological gadgetry, it’s safe to conclude that there are many more ways to harass and bully others than in the past. In the not-too-distant past, harassment was limited almost entirely to in person interactions. There was always the possibility of encountering abuse from a local bully, or a disgruntled former employee, or other person with whom you had regular contact at some point. Now, technology has completely changed the way we communicate, and increasingly we see in person interaction being replaced by communication via electronic devices, such as tablets and smartphones. This change in communication has also led to a change in how harassment, bullying and stalking takes place as well. Even when we alter our methods of communication, it seems that we retain most of our core traits, foibles and impulses. The change in communication methods leads us to an important issue: how do we regulate behavior which occurs via electronic media? If, for instance, a person engages in harassment via text message communication, how will that harassment be classified, defined and punished? Similarly, how will instances of cyberbullying and cyberstalking be treated under Maine law? Fortunately, the State of Maine has made great strides in this arena; most of the fundamental questions in this area have already been handled, although there are certainly some issues which remain to be fully clarified. In this post, we will cover the current statutory definition of harassment via... --- ### An Overview of Maine Law on Sexual Exploitation > Complexities arise whenever someone raises a defense of “reasonable belief” for the offense of sexual exploitation of a minor. Learn more. - Published: 2022-02-16 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/an-overview-of-maine-law-on-sexual-exploitation/ - Categories: child pornography, child sexual abuse, Sex Crimes, Sexual Exploitation Sexual exploitation of a minor – and, in this article, we will also cover the related offenses of sexual abuse of a minor and child pornography – is a very serious crime, both in Maine and elsewhere throughout the country. Sexual exploitation can have powerful, lasting negative consequences on victims, and the State of Maine treats these offenses with the appropriate level of severity. When a minor is exploited or abused sexually, this type of abusive behavior can literally leave permanent psychological and emotional scars. Intensive counseling is often required to alleviate the effects of such abusive behavior, and in many cases the results of such counseling are less than optimal. Correspondingly, Maine punishes these behaviors with a very strong hand. In the past, we have discussed Maine law on various sexual offenses, such as statutory rape, sexual assault, and others. In this post, we will focus specifically on offenses against minor children. The law on sexual offenses perpetrated against minors is something which developed substantially in the 20th century. Now, the State of Maine, just like other jurisdictions around the country, treats these crimes with the appropriate degree of seriousness. If you’ve been accused of one of these offenses, you need to obtain expert legal counsel immediately. Dealing with an allegation of sexual exploitation or abuse of a minor can be a very scary process, and navigating this scenario requires expert skill and knowledge. Overview: Three Maine Laws on Exploitation The State of Maine has various laws pertaining to... --- ### Grand Larceny VS Other Theft Crimes in Maine > Theft comes in many forms, but they share the same characteristic: the thief acts with intent to take property from its rightful owner. - Published: 2022-01-13 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/grand-larceny-other-theft-crimes-in-maine-law/ - Categories: Grand Larceny, Theft Theft comes in many different forms, but every specific form shares the same general characteristic: the thief acts with an underlying intent to take property from its rightful owner. The State of Maine has a wide range of categories for the various types of theft which can occur. These types of theft differ in terms of severity, and consequently differ in terms of the possible punishments which can be imposed. The same kind of theft can also be more severe when the value of the underlying stolen property is greater. When it comes to the severity of theft crimes in Maine, grand larceny is the most serious type of theft crime, and carries the highest possible punishments, as we will discuss. In this post, we’re going to dive into the details of grand larceny, as well as the other theft offenses here in Maine. We will look at some of the more unusual or uncommon forms of theft – such as insurance theft, or theft by deception – and also some of the more familiar forms, such as shoplifting (or basic larceny). Theft charges are not something to be taken lightly. If you’ve been charged with any type of theft, you should procure a capable criminal defense lawyer right away. This is doubly true if the charge is grand larceny. Some theft offenses may carry relatively minor punishments, depending on the circumstances, but other offenses can carry very stiff penalties. If you need assistance, or need additional information, contact The... --- ### Is an Aggravated Assault charge a Felony or Misdemeanor in Maine? > If you're facing an aggravated assault charge in Maine, stakes are high and self-representation is not ideal. Call us to protect your rights. - Published: 2021-12-14 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/is-aggravated-assault-a-felony-or-misdemeanor-in-maine/ - Categories: Aggravated Assault, Violent Crimes Aggravated assault in Maine: Is it a felony or misdemeanor? “Aggravated” versions of any crime are more serious, and aggravated assault is no different. While the crime of simple assault usually leads to a Class D misdemeanor charge, aggravated assault is prosecuted as a felony in Maine. That means more serious penalties, both in terms of the time spent behind bars and the longer-term consequences that impact your future. Aggravated assault normally occurs either when bodily injury is caused to another person, the victim is below a certain age or the defendant has prior convictions. Because bodily harm is broadly defined under Maine law, it is relatively simple for a misdemeanor assault charge to be elevated to aggravated assault, charged as a Class A or a Class B felony with the associated penalties elevated accordingly. Assault defined in Maine Under the Maine Revised Statute Title 17-A §207, assault is defined as: A person is guilty of assault when he or she intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. It should be noted that malicious intent is not necessary for an assault charge, but the actions must be shown to be intentional whether or not they resulted in injury to the other person, To achieve a conviction, the prosecution will need to prove that you physically injured another person (with a weapon or with your body) on purpose (rather than accidentally). Aggravated assault defined in Maine In Maine, aggravated assault is a serious criminal... --- ### Classification of Crimes in Maine > If you have been arrested for a crime in Maine, it is important to understand the consequences that you may be facing. Learn more. - Published: 2021-12-11 - Modified: 2025-06-10 - URL: https://www.notguiltyattorneys.com/classification-crimes-maine/ - Categories: Classification of Crimes, Criminal Defense, Felony, Misdemeanor Updated: June 2025 If you have been arrested for a crime in Maine, it is important to understand the consequences that you may be facing. In the state of Maine, the severity of a crime is measured by a code classification system. Each code comes with its own minimum and maximum sentences. Several of the codes are felonies and some are misdemeanors. For every criminal offense, there is a set of minimum and maximum penalties. Read More → An Overview of the Criminal Record Challenge Process in Maine Criminal Sentencing in the state of Maine When a person is convicted of a crime, they are subject to be sentenced by the judge. For the most part their sentence depends on the judge's discretion but guidelines are set based on the criminal classification of the offense. These classifications provide minimum and maximum guidelines for fines and jail time. A judge can also make the decision to include probation, community service and more. Usually, the judge will look at the facts of the case and any aggravating factors that were involved. The judge will also take the offender's criminal record, and social history into consideration. In some cases the victim or victim's family will also give input for the judge's consideration. For many crimes there are mandatory minimum sentences that must be dealt out. The most severe sentence a person can receive is a life sentence. The State of Maine does not use the death penalty. Some crimes, like murder, have their... --- ### Standardized Field Sobriety Testing in Maine > In Maine, police are trained to recognize signs of intoxication. If the officer suspects drugs or alcohol, they'll look for more evidence. - Published: 2021-12-10 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-field-chemical-sobriety-testing/ - Categories: Field Sobriety Testing, OUI / DUI / DWI Serving All of Maine Including Portland, Kennebunk, Augusta, Bangor, Saco, and Biddeford In order to assist police in collecting evidence against you, they are trained to administer standardized sobriety tests. There are 2 kinds of sobriety tests: Field Sobriety Tests A set of physical tasks that police use to evaluate motor function impairment. Chemical Sobriety Tests these tests take a blood, breath or urine sample and evaluate it for the presence of drugs or alcohol. The more accurate form of sobriety testing is chemical testing. There are several kinds of chemical tests and drivers should understand the distinction between them. Types of Chemical Sobriety Test in Maine A chemical sobriety test is the best way to measure the amount of drugs or alcohol in your system. If the results of your tests show that your blood alcohol concentration (BAC) was over the legal limit for your age, you will be charged with OUI. The legal BAC limits in Maine are as follows: Drivers over the age of 21 – . 08% or greater Drivers under the age of 21 – Anything over . 00% Commercial vehicle drivers – . 04% or greater If you have any amount of an intoxicant in your body, you can be charged with a drug related OUI crime. Breathalyzer Tests One of the most popular types of chemical sobriety tests is the breathalyzer test. These tests take a sample of your breath and check the amount of alcohol in your lungs. When alcohol is consumed... --- ### Drug Trafficking Penalties in Maine > Concerned about a drug trafficking charge in Maine? Learn how the law works and what penalties you face. Call our defense attorneys now. - Published: 2021-11-10 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/maine-drug-trafficking-penalties/ - Categories: Drug Crimes, Drug Trafficking Drug Trafficking Penalties in Maine: What You Need to Know Being charged with drug trafficking in Maine is a serious legal matter that can result in harsh penalties, including significant prison time and a lasting criminal record. Unlike the dramatic portrayals of large-scale drug cartels in movies, many real-life drug trafficking cases in Maine involve everyday individuals accused of selling, distributing, or possessing illegal substances with the intent to distribute. Under Maine law, “drug trafficking” refers broadly to the sale, furnishing, or possession with intent to sell controlled substances. These offenses are governed by complex statutes that categorize drugs into schedules—each carrying different levels of penalties depending on the substance involved, the quantity, and whether aggravating factors are present. This article provides a clear, up-to-date overview of how drug trafficking is defined under Maine law, what penalties you may face, and the factors that can elevate a charge to aggravated trafficking. We also explain Maine’s drug schedule classification system and outline common legal defenses available to those accused of trafficking. If you or a loved one is facing drug trafficking charges in Maine, don’t face the legal system alone. The consequences can be life-changing. Reach out to a qualified criminal defense attorney at The Maine Criminal Defense Group for strategic, experienced legal help. Unlawful Trafficking & Aggravated Unlawful Trafficking in Maine Perhaps the first thing to know about drug trafficking crimes is that these crimes fall into two primary categories: “unlawful trafficking” and “aggravated unlawful trafficking. ” The latter category... --- ### Understanding Impaired Driving and OUI Laws in Maine (2021) > If you've been charged with operating under the influence (OUI), it's important to understand what impaired driving means in Maine (2021). - Published: 2021-11-09 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/understanding-impaired-driving-and-oui-laws-in-maine-2021/ - Categories: OUI / DUI / DWI Impaired driving in Maine is a serious offense. Whether or not you have been charged with operating under the influence (OUI), it is important to understand what impaired driving means in our state. Each year, motorists and their passengers are injured or killed in crashes involving alcohol or drugs. In 2019, 32 percent of total crash fatalities in Maine were due to alcohol impairment, a number that has been on an upward swing since 2017. The Maine Criminal Defense Group works with clients facing OUI allegations as a result of a crash or traffic stop. We help people understand impaired driving laws and potential consequences. Below are answers to some of the questions we are commonly asked about OUI and DUI in Maine. What is Operating under the Influence (OUI) in Maine? Across the country, various state authorities refer to impaired driving in different ways, including driving under the influence (DUI), driving while impaired or intoxicated (DWI) and operating under the influence (OUI). In Maine, the term is OUI. Legally, you are OUI if your breath or blood alcohol content (BAC) is a . 08% or higher. What does blood alcohol content mean? Blood Alcohol Content (BAC) is a measurement used across the US to measure the concentration of alcohol in your blood. If you have not been drinking, your BAC will be 0. 0. In Maine, if your BAC measures at . 08% or higher, you are legally drunk. When driving, it is important to remember that even one... --- ### Search and Seizure and Illegal Traffic Stops in Maine > If anything was illegal with your stop, we'll file a motion to suppress with the court, meaning that the evidence is thrown out. Learn more. - Published: 2021-10-19 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/search-and-seizure-and-illegal-traffic-stops-in-maine/ - Categories: License Issues, OUI / DUI / DWI, Search and Seizure, Traffic Offenses It’s your worst nightmare. You’re pulled over on the roads by Maine law enforcement, questioned, tested, and then charged with OUI or another crime. You’re just pondering the serious consequences of the events when your criminal defense lawyer calls you. After examining the evidence, it seems that the traffic stop was illegal in the first place because the search and seizure rules were not followed. The case is dismissed. This happens more than people realize. In the U. S. more than in almost any other country in the world, you have inalienable rights and protections according to the U. S. Constitution. In particular, the Fourth Amendment requires that a police officer has reasonable suspicion that a crime has been committed before “seizing” a person. Understanding the search and seizure rules puts you in a much better position to handle a traffic stop (or any other police investigation against you) in the future. What are your rights during a traffic stop in Maine? Search and seizure rules are not just for investigations concerning drug crimes or acts of theft. You may not consider a traffic stop as a type of “seizure” but if a government law officer signals with emergency lights or a siren to pull over a driver, it is considered an act of seizure. Both state and federal officers patrolling U. S. roads are therefore subject to the search and seizure rules outlined in the U. S. Constitution. For a warrantless search, there must be reasonable suspicion that a... --- ### Title IX and Sexual Assault in Maine Schools > Maine's schools have a duty not only to educate our youth, but to provide a safe environment for them to study and learn in. Learn more. - Published: 2021-07-15 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/title-ix-sexual-assault-in-maine-schools/ - Categories: Sex Crimes, Sexual Assault, Title IX Maine's schools have a duty not only to educate our youth, but to provide a safe environment for them to study and learn in. All children are entitled to certain protections afforded by law – including protection from sexual discrimination, exploitation, and violence. Unfortunately, across the country, more instances of child sexual assault have come to the fore in recent years and Maine schools have not escaped this unwanted publicity. If you or your child have experienced a sexual assault while at school, there are complaint procedures and legal steps that you can take to seek justice. Title IX is one of the most significant laws regarding sexual discrimination and violence in schools. This federal civil rights law prohibits discrimination on the basis of sex in education programs and activities. It applies to all public and private elementary schools, high schools, school districts, colleges, and universities that receive any federal funding – which is the vast majority. Though you might not think of sexual assault or rape as a type of discrimination, Title IX laws classify any sexual violence as such, along with sexual harassment. So, how can these laws protect you if you have been a victim of sexual assault in a Maine school? Title IX complaints in Maine: Who can file and when? Anyone who has experienced sexual harassment in the form of sexual assault, sexual violence, or unwanted sexual attention in almost any Maine educational establishment can file a complaint under Title IX laws. Sexual assault need... --- ### Sugarloaf, Spring Skiing, & OUI Charges in Maine > Keeping safety in mind people are heading to Sugarloaf for skiing & fun but don't forget an OUI charge can put a quick stop to spring fun. - Published: 2021-04-03 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/sugarloaf-spring-skiing-oui-charges-in-maine/ - Categories: marijuana OUI, OUI / DUI / DWI, Sugarloaf Reggae Fest The upcoming Sugarloaf Reggae Fest 2021, which starts in early April and goes for three weekends, is an exciting time for many locals in Maine. Even with this year’s restrictions in place, the “good vibes guaranteed” mantra still applies. And this coincides with the spring skiing season when all the family can hit the slopes for the final time until winter comes round again. We hate to be party poopers, especially after such a difficult 12 months for everyone in Maine (and around the world), but please ensure that those good vibes don’t turn into really bad ones with an OUI charge. Drinking while skiing may not get you arrested and charged – though it is not advisable. But did you know that driving a snowmobile after drinking can land you in just as much trouble as getting in your car and driving home after a few beers or using marijuana at Reggae Fest? You are facing possible criminal charges. So, here’s what you need to know as you plan for this month’s festivities... Why you shouldn’t drink while skiing the slopes Some people seem to think that a drinking culture accompanies skiing. However, the term “apres-ski” is used for a reason. You’re meant to drink after skiing – not while skiing or at lunchtime before the afternoon session out on the slopes. Yet countless individuals injure themselves and others every year by doing just that. Skiing is a dangerous sport even without alcohol. That’s why you need a special... --- ### What to Do About False Allegations of Child Sexual Abuse in Maine - Published: 2021-03-23 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/what-to-do-about-false-allegations-of-child-sexual-abuse-in-maine/ - Categories: child sexual abuse, Sex Crimes One unfortunate and unintended consequence of the recent but long-overdue clampdown on child sexual abuse offenders is the increase in the number of false allegations. As the crime of child sexual abuse becomes higher profile, it increasingly has nowhere to hide. More people are aware of it and recognize the tell-tale signs. However, close interactions between adults and children are unavoidable in our society and, sometimes, the innocent actions of an adult supervising a child are misinterpreted by others. Certain professionals in Maine have an obligation to report suspicions of child abuse. This should only be welcomed as a way to protect children, but it is easy to see how false allegations can be made. Even reports made in good faith can be due to a misinterpretation of events. Unfortunately, reports are also sometimes made to intentionally sully the name and reputation of the accused – whether in a bitter child custody battle in a divorce or another adversarial situation. Regardless of how it comes about, an accusation of child sexual abuse is one of the most serious for anyone to contend with. It can cause an immense loss of reputation and standing in the community. So, what should you do about the situation if you are falsely accused of child sexual abuse? And, just as importantly, what should you NOT do? Read → What is the statute of limitations for the crime of sexual abuse against children in Maine? Read → What is considered sexual misconduct with a minor... --- ### Maine OUI Laws & Penalties > The penalties for an OUI in Maine are harsh & can vary depending on whether you're a first-time, repeat, or habitual offender. Learn now. - Published: 2021-01-18 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/oui-laws-penalties-in-maine/ - Categories: OUI / DUI / DWI Updated: January 13, 2025 If you are stopped and charged with an OUI in Maine or, worse still, injure someone in an accident where you are found to be operating a vehicle under the influence of alcohol, do not expect leniency from the authorities. With almost 30 percent of all traffic-related deaths in Maine resulting from accidents involving OUI drivers, sympathy will be in short supply. In Maine, OUI penalties are strict and can have serious consequences, even for a first offense. Potential penalties include jail time, substantial fines, and a lengthy suspension of your driver’s license. These penalties are designed to deter impaired driving, but they can feel overwhelming for someone facing charges for the first time. However, an experienced OUI attorney can make a significant difference in your case. With a skilled lawyer by your side, you may be able to reduce the severity of these penalties. The legal system understands that people sometimes make honest mistakes, and a strong defense that highlights mitigating factors or procedural errors could help you avoid the harshest outcomes. Don’t face these charges alone—contact one of our knowledgeable OUI defense lawyers to protect your rights and your future. Learn more and contact The Maine Criminal Defense Group today. Is jail time mandatory for an OUI in Maine? An OUI charge needs to be taken seriously in Maine. OUI penalties are harsh and potentially life-altering, with potential consequences not only for your immediate freedoms and financial position but also for your future. An OUI conviction could result in a lifelong criminal record, which is visible to potential employers, landlords, and other parties conducting background checks. Whether an OUI conviction carries a mandatory jail sentence primarily depends on several factors: Whether you submitted to a chemical test (breath, blood, or urine) your BAC, if a chemical test was administered whether you refused chemical testing and whether you have been convicted... --- ### What Happens During and After an OUI Traffic Stop? > Being prepared for what happens during & after an OUI traffic stop in Maine can help you remain calm, say and do the right things. Read more. - Published: 2021-01-15 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/what-happens-during-and-after-an-oui-traffic-stop/ - Categories: OUI / DUI / DWI - Tags: Maine DUI charge When flashing lights appear in your rearview mirror, it can be stressful - whether or not you have been drinking. Consequently, you may do or say something that can unintentionally escalate an innocent situation. Being prepared for what happens next after an OUI traffic stop can help you remain calm, say and do the right things, and handle the situation in your best interests. What happens during an OUI stop? In Maine, if you are found driving a motor vehicle with a blood alcohol content of . 08 or more (or with mental or physical faculties impaired to any extent) you will be arrested and charged with Operating Under the Influence (OUI). This is essentially the same as DUI/DWI, as it is termed in other states, or “drunk driving” as it’s commonly known. Most drivers charged with OUI are arrested by a law enforcement officer at a traffic stop – often at a routine stop or after an officer observes erratic driving or speeding. When you are pulled over, the police officer who handles your case will be trained to look for any indication that you are intoxicated or that you have been drinking. Your behavior and the contents of your car will be observed. As well as erratic driving, officers are generally looking for other signs of impairment, such as motor skill impairment and/or confusion in attempting to locate items, as well as the odor of alcoholic beverages and bloodshot eyes. If the officer feels that signs of impairment... --- ### Penalties for a Hit and Run in Maine > If you've been charged with a hit and a run offense in Maine, our team of criminal defense lawyers can help you understand your options. - Published: 2020-12-03 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/penalties-for-a-hit-and-run-in-maine/ - Categories: Criminal Defense, Criminal Speeding, Hit and Run Under the Maine Criminal Code, if you are involved in a collision with a motor vehicle, you are required to stop at the scene immediately – or if you have already left, immediately return to the scene. If you leave the scene of a traffic accident in the State of Maine, you can be charged with a Class E criminal offense. If you are found guilty of the hit-and-run charge in court, you could be sentenced to a maximum penalty of $1,000 in monetary fines, a maximum incarceration period of 180 days, or both. These potential penalties are also subject to increase, depending upon the circumstances. If you have been charged with a hit and a run offense, the experienced team of criminal defense lawyers in Maine can help. We can review all the circumstances of your charge, assist you with formulating a defense, and explore other potential legal options that may be available in your case. Class D Hit and Run Cases in Maine Class E hit-and-run charges in Maine are arguably the least serious. In some instances, an individual who causes a hit-and-run collision can be charged with a Class D offense. This is especially true if the motor vehicle collision resulted in a death or a serious bodily injury to one or more occupants of the other vehicle(s). If you are ultimately convicted of committing a Class D criminal offense in Maine, you can receive up to 12 months of incarceration. In addition, you can receive up... --- ### Criminal Restraint by a Parent in Maine - Published: 2020-07-29 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/criminal-restraint-by-a-parent/ - Categories: Criminal Defense, Kidnapping - Tags: criminal defense, criminal law, criminal law attorneys You don’t need someone to tell you that kidnapping is a serious offense with serious consequences if you are convicted of the crime. In Maine, a criminal charge that is, in some ways, similar to the crime of kidnapping is something called “criminal restraint. ” Due to the volatile nature of many co-parenting situations (stemming from resentment after a divorce or split), one situation that frequently comes up with criminal restraint in Maine is with child custody. This blog will give an overview of this crime and possible penalties if you are convicted. What is Criminal Restraint by a Parent in Maine? The crime of parental kidnapping in Maine is officially referred to as “criminal restraint by a parent. ” If one parent takes a child away from the custody of the other parent without a legal right to do so, then he or she has committed criminal restraint by a parent. This crime will generally be classified as either a Class C or Class D offense under the Maine Criminal Code. Class C Criminal Restraint by Parent A parent commits Class C criminal restraint by a parent if they take their child, who is under 8 years of age away from the custody of the other parent, guardian, or other lawful custodian AND intends to take the child out of Maine or somewhere where he or she is not likely to be found. This classification of criminal restraint by parent also applies if the child lives out-of-state but is... --- ### What is Custodial Interrogation in Maine? - Published: 2020-02-20 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/custodial-interrogation-maine/ - Categories: Criminal Defense - Tags: criminal defense, custodial interrogation Any situation in which you are interacting with police officers can be at least a little scary and intimidating. Chances are, this is not a regular occurrence for you, and you may not know exactly what your rights are in regard to your freedom to walk away from the authorities. It is within your rights, as affirmed by the U. S. Supreme Court, that you are required to be read your Miranda Rights in Maine before you are subjected to custodial interrogation. What is custodial interrogation in Maine? Custodial interrogation is, essentially, a situation in which you have been deprived of a significant amount of freedom of action. If you are handcuffed and arrested, then that is a clear indication that you are in law enforcement custody. Other times, it’s not as clear. This blog will take a look at some factors that courts look at to determine if someone was in custody while being interrogated. This matters because if you were not read your Miranda Rights while in custody, then statements you made may not end up being admissible in court. Factors considered when being interrogated by police when in custody Courts evaluate factors like the level of restraint, the environment of the questioning, and whether a reasonable person would feel free to leave to determine if someone is in custody during police interrogation. Did the police make it clear that the interview was voluntary? Whether or not the authorities verbally clarified the interrogation as optional in their statements... --- ### Difference Between Robbery, Theft, Burglary, and Larceny - Published: 2020-01-20 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/difference-robbery-theft-burglary-larceny/ - Categories: Criminal Defense, Grand Larceny, Our Blog, Robbery, Theft - Tags: burglary arrest, larceny, robbery arrest, theft arrest, theft charge defense attorney You might think of robbery, theft, and burglary as near-identical crimes. Those offenses may result in a similar outcome for the victim – loss of property or assets – but the extra elements that elevate a simple theft charge to burglary or robbery can mean extra years (or decades) in prison for the perpetrator. So, what are the differences between theft, robbery, and burglary? We explain the main ones below. Theft/Larceny Theft is considered the most basic of these offenses. Pick-pocketing, purse snatching, and other examples of discreetly nabbing someone else’s property without using force all fall under the umbrella of theft. Maine, as with most other states, lumps in the common law crime of larceny with theft. So, the terms “theft” and “larceny” are effectively synonymous in the state. Robbery The crime of robbery is theft that is accomplished by force or threat of force. Individuals who commit robbery often use a weapon, such as a gun, knife, box-cutter, or other dangerous weapon, for example. Robbery can also be accomplished without the presence of a weapon; a “strong-arm” robbery (which is a term used in other jurisdictions) is an instance of robbery without the use of a weapon. Merely having the weapon at the scene of the crime is enough for theft to be considered robbery; you do not have to fire a shot or strike the victim to be charged with robbery. Furthermore, a simple assault or even just the threat of force is enough in Maine to... --- ### How an OUI Conviction Can Affect Your Life in Maine - Published: 2019-12-12 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/dui-conviction-affect-life/ - Categories: OUI / DUI / DWI - Tags: Bangor Drunk driving charge attorney, Maine DUI charge, Maine OUI arrest If a police officer determines that you are operating a motor vehicle while under the influence of illegal drugs or alcohol, he or she could arrest you for driving under the influence (DUI). You can also be arrested if you are found to have a blood alcohol concentration of 0. 08 percent or higher during the time you were operating your motor vehicle. A DUI conviction can have serious consequences for your life. In addition to fines, jail time, and other potential legal penalties, a DUI conviction can limit your freedom and your ability to drive for a significant period of time. A DUI conviction on your criminal record can also have very serious and unforeseen consequences, such as impacting your ability to obtain new employment or advance in your current job; loss of professional license; and immigration consequences for countries like Canada and Mexico. If you have been arrested or charged with driving under the influence of alcohol or drugs, it is essential that you have an experienced attorney by your side representing you at every stage of your criminal case. The knowledgeable Maine criminal defense attorneys at The Maine Criminal Defense Group can help you with your DUI defense and represent you at all of your court proceedings. Please contact us online today to learn more about how we could assist you with defending against your pending criminal charge. Common Legal Penalties Associated with a DUI Conviction If you are convicted of a DUI, you will likely be... --- ### What is Reasonable Articulable Suspicion in Maine? > Learn what reasonable articulable suspicion means in Maine and how it affects traffic stops and OUI charges under Title 29-A §105. - Published: 2019-12-11 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/understanding-reasonable-articulable-suspicion-maine/ - Categories: Criminal Defense, OUI / DUI / DWI, Reasonable Articulable Suspicion Before you can be charged with an OUI in Maine, a police officer must stop your vehicle. Police must have a reason for stopping drivers, according to Title 29-A §105 in Maine. Observing a driver leave a bar on a weekend is not a valid reason. If you are arrested for drinking and driving and your Maine OUI defense lawyer can prove that your stop was unlawful, your charges may be dropped. In the state of Maine, an officer must have reasonable articulable suspicion before they have the legal right to stop your vehicle. This means that an officer must have reasonable, lawful grounds for stopping a motorist. An officer can pull you over for any traffic or safety violation, and if you are driving under the influence (DUI) at the time of your stop, you could be arrested and charged with drunk driving. What is reasonable articulable suspicion? In Maine, "reasonable articulable suspicion" refers to the legal standard that allows a police officer to stop and briefly detain a person if the officer has a reasonable belief, based on specific and clear facts, that the person has committed or is about to commit a crime. Unlike probable cause, which is a higher standard required for searches and arrests, reasonable articulable suspicion requires less evidence but must still be based on objective observations. This standard ensures that police stops are justified and not based on mere hunches or arbitrary decisions. Reasonable Articulable Suspicion During an OUI Stop in Maine The... --- ### Criminal Law 101 For Maine - Published: 2019-12-11 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/criminal-law-101/ - Categories: Criminal Defense When discussing criminal offenses, one must take into account the classification of the crime, standards of proof, factual elements of the conduct and state of mind if the crime is mens rea offense, as well as defenses available to the defendant. Many of these terms are confusing to lay people so the purpose of this section is to educate the people who are either curious about Maine's criminal law or find themselves facing criminal charges. Burdens of Proof Preponderance of the Evidence Proof by preponderance of the evidence is the lowest standard of proof in our legal system and is generally reserved for civil proceedings... think lawsuits. Preponderance of the evidence means that "it is more likely than not that the offense was committed. " Oftentimes, preponderance of the evidence is used in specific criminal, legal proceedings such as probation revocation hearings. It can also be used at administrative proceedings that are quasi-criminal in nature such as BMV administrative license hearings for OUI charges. Clear and Convincing Evidence Clear and convincing evidence is usually used in civil parental rights and responsibilities actions. These are cases where the State is seeking to terminate the rights of parents with respect to their children, IE, to take the children away from the parents. Beyond a Reasonable Doubt Proof beyond a reasonable doubt is the highest burden or proof in our legal system. There are numerous definitions for this standard of proof that can be found with a simple internet search. However, in Maine,... --- ### Ignition Interlock Device (IID) Costs & Penalties in Maine - Published: 2019-12-11 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/ignition-interlock-device-costs-penalties-in-maine/ - Categories: Ignition Interlock Device, OUI / DUI / DWI Article Updated: March 9, 2023 What is an Ignition Interlock Device? There are a lot of penalties that can result from an OUI conviction. For many offenders, the worst effect of a conviction is the license suspension. Depending on the circumstances of their arrest and their criminal record, a person can face 150 days to 8 years of license suspension after an OUI or other driving offense. Habitual violators can even lose their licenses permanently. One way that drivers can get their ability to drive back sooner than sentenced is to install an ignition interlock (IID) device. An IID is a small device that is installed into your vehicle, which will allow you to drive during a portion of your suspension period. It requires the driver to give a breath sample before starting the vehicle. The device checks the breath sample for the presence of alcohol before it allows the user to start the engine. In addition, the IID will likely make you provide a "rolling sample" while driving, which means you'll have to pull over and blow into the IID at least one time during your trip. Learn More → Understanding the habitual offender revocation law in Maine Ignition Interlock Device Penalties in Maine After they are sentenced to license suspension because of an OUI conviction, most people are eager to be able to drive again. 1st OUI If you've been convicted of a first offense OUI, you will need to serve at least 30 days of your 150... --- ### Challenging OUI/DUI Evidence in Maine > Think you have to plead guilty to an OUI in Maine? Sobriety test results can be challenged. Learn how flawed evidence may help your defense. - Published: 2019-12-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/challenging-dui-evidence/ - Categories: OUI / DUI / DWI Can You Challenge OUI Evidence in Maine? Yes, Here's how Many people arrested for Operating Under the Influence (OUI) in Maine assume they have no choice but to plead guilty. But in reality, there are several effective ways to challenge the evidence used against you. From flawed testing procedures to inaccurate interpretations, OUI cases often rest on evidence that isn’t as reliable as it may seem. The cornerstone of most OUI prosecutions is sobriety test results—whether chemical tests like breathalyzers or blood tests, or field sobriety assessments conducted roadside. But both forms of testing are subject to human error, faulty equipment, and improper administration. This is especially important when your blood alcohol content (BAC) is only slightly above the legal limit of 0. 08%. In such cases, even a small testing error could mean the difference between a conviction and an acquittal. Understanding the types of tests used—and their weaknesses—is essential when building a strong OUI defense. Below, we explain the two main types of sobriety tests used in Maine, how they can be challenged, and why working with an experienced OUI defense attorney is critical to protecting your rights. Chemical vs. Field Sobriety Tests in Maine In Maine, law enforcement relies on two primary types of sobriety tests to determine impairment in OUI cases: chemical tests and field sobriety tests. While both are used to build evidence against you, each has its own procedures—and potential weaknesses that can be challenged in court. Chemical Sobriety Tests (BAC Testing) Chemical tests... --- ### One Leg Stand Test in Maine - Published: 2019-12-10 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/one-leg-stand-test-maine/ - Categories: Criminal Defense When a police officer pulls you over to the side of the road in Portland, you can rest assured that they are already gathering evidence that you committed a crime. Frequently, by the time the traffic stop has been initiated, the officer already has enough evidence to write a ticket – they're just looking for evidence of a more serious offense. In fact, police are not supposed to be able to make a traffic stop at all until they have reasonable articulable suspicion to believe that a crime (or traffic infraction) is being committed or has been committed, already. With this in mind, here is what you need to know about the One Leg Stand, a staple of the field sobriety tests conducted in Maine. Field Sobriety Tests and OUI Law in Maine Field sobriety tests are a common way for police to gather evidence that you have been drinking or that you are under the influence of drugs. Performing poorly on a field sobriety test gives police valuable evidence that you are operating under the influence (OUI) and are committing a crime. Performing well on a field sobriety test, on the other hand, does not guarantee that the police officer will let you go on your way. In fact, there are numerous OUI cases in the Portland area where a police officer pulled someone over and ran field sobriety test after field sobriety test in the hope that the driver would fail one of them. When they didn't fail,... --- ### Out Of State Visitors Charged With OUI / DUI In Maine - Published: 2019-12-10 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/out-of-state-visitors-charged-with-oui-dui-in-maine/ - Categories: OUI / DUI / DWI Cases of operating under the influence (OUI) in Maine move through the justice system the same, regardless of whether you live in Maine or somewhere else. While it is only fair that out-of-state residents are treated the same as Mainers, if you are from another state and get charged with OUI in Maine, the inconvenience and expense of defending against the allegation are going to be a significant factor; especially when you take into account the costs of travel. That is why the OUI defense lawyers at Maine Criminal Defense Group are well versed in representing people from out of state that have been accused of drunk or drugged driving while they were visiting Maine. We understand the difficult position an OUI charge can put you in, and strive to help you raise an effective defense while still living your life. Maine OUI Laws The statute that prohibits drunk or drugged driving in the state of Maine is 29-A Maine Statute § 2411. It outlaws operating a motor vehicle while having a blood alcohol content, or BAC, at or above the state's legal limit of 0. 08%. It also prohibits being “under the influence of intoxicants” while operating a motor vehicle, allowing police to make arrests based on their subjective perception of impairment. Minimum Penalties for an OUI Conviction in Maine Violating this law comes with some steep penalties. The following table shows just the minimum penalties of a conviction, based on whether you have been convicted for OUI before,... --- ### Is the Unauthorized Use of Property a Crime? - Published: 2019-12-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/unauthorized-property-crime/ - Categories: Property Crimes Many people consider theft to be stealing an item from another person; however, an individual could also be charged with a theft crime if they use the property of another without their consent. Being charged with any type of theft can have severe impact upon a person's freedoms and future, so it is imperative that you retain powerful legal counsel to challenge the allegations if you have been arrested for this crime. Under Maine's criminal code 17-A §360, the unauthorized use of someone else's property is theft, and a person is guilty if they: Knew they did not have the owner's consent but still took, operated, or exercised control of a vehicle, or if they knew that a vehicle was unlawfully obtained, but still rode in it. (Class D offense) Committed the offense listed above and has a record of 2 or more convictions of specific theft crimes (Class C offense) Had custody of a vehicle with the permission of the owner in agreement to perform a service, such as maintenance, repair, or for a specific use, but then operated the vehicle for their own purposes without the owner's consent in a way that grossly violated the agreement. (Class D) Committed the above offense with 2 or more prior convictions of specific theft crimes (Class C offense) Had custody of property as a rental or lease in agreement with the owner or had custody under a borrower's agreement with a library or museum, and knowingly failed to return the property... --- ### How do I find the best lawyer for my DUI charge? - Published: 2019-12-10 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/choose-dui-oui-attorney/ - Categories: OUI / DUI / DWI If you have been arrested for OUI in Maine, it is important that you contact an attorney right away. What does OUI stand for in Maine? OUI stands for Operating a Vehicle Under the Influence. OUIs can also be referred to as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). For many people, a drunk driving arrest is their first time in trouble with the law. When it comes to hiring an attorney they may have no idea where to even start. First and foremost it is important to speak to a lawyer as soon as you are arrested. You need to understand your rights and the consequences you could be facing. An experienced attorney will listen to you and explain what the best course of action will be. But before you can get advice from a lawyer, you need to decide which one is right for you. There are many deciding factors when choosing an attorney. At our firm, we know that you have a lot of options and want to make the best decision. That is why we recommend doing a little research before you hire an attorney in order to make sure you get the best legal care for your money. You can start by asking friends and family for recommendations or doing an internet search. Next you should read about the credentials of all potential lawyers. It is important to look at experience and qualifications of each law firm. After that, check out a... --- ### Challenge the Evidence: Blood Tests in Maine > If you believe that you were falsely accused of an OUI in Maine based on the findings of a blood test, contact William T Bly immediately! - Published: 2019-12-10 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/challenge-evidence-blood-tests/ - Categories: OUI / DUI / DWI When a law enforcement officer observes an individual swerving or driving erratically, they have reasonable cause to pull them over. There are three main ways a police officer could seek to determine whether the individual is under the influence of alcohol. First is through a field sobriety test. These test the concentration and motor skills of the driver and are difficult to successfully complete by someone who is inebriated. The second common way to test for alcohol consumption is through a breath test. By breathing into a breathalyzer device, the police officer can get a reading of how much alcohol is in the blood. However, one of the most accurate ways to test for alcohol consumption is through a blood test. You do not have the right to refuse to submit to any chemical test and you will face penalties for doing so. Regardless, it could be in your best interests to not have any hard evidence against you. If you already submitted to a blood test and were subsequently placed under arrest for drunk driving, your case is not hopeless. Even in a test as accurate as this, mistakes can still occur. Whether it was a human error in the lab, or whether the blood serum was tested rather than the whole blood, you could be found guilty for a crime you did not commit. Another aspect of a blood test to consider is the fact that the blood sample is not taken at the time of the arrest.... --- ### Breath Tests: Are They Accurate? - Published: 2019-12-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/breath-tests-accurate/ - Categories: OUI / DUI / DWI Challenging the Evidence Against You When a law enforcement officer suspects that a driver is under the influence of alcohol, they may ask them to submit to a Intoxilyzer device. This is optional; however, there are certain penalties you could be subject to for your refusal. After breathing into the Intoxilyzer device, a reading will be given. If this reading is above 0. 08%, the police officer will have the right to charge you with drunk driving and bring you to the county jail. How does a breath test work? The Intoxilyzer device measures alcohol through infrared spectrometry. As you breathe into the mouthpiece, a beam of infrared light is being emitted in the sample chamber. On the far side of the sample chamber is a detector that measures the level of infrared received from the light source. As alcohol enters the chamber, the alcohol tends to "soak up" infrared light. Thus, the amount being detected at the far end of the chamber is less than what is being emitted from the light source. This allows the machine to calculate your breath alcohol content. The entire process is complex and if the device is in any way contaminated or calibrated wrong, the reading it produces could be completely off. Other variants which could cause it to produce an inaccurate reading is the person's own physiology or the environment in which the test took place. In regards to physiological factors, if the driver suffered from heartburn, GERD, or acid reflux, the... --- ### OUI and Miranda - Published: 2019-12-09 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/oui-miranda/ - Categories: OUI / DUI / DWI Today's topic of discussion concerns OUIs and specifically the issue of Miranda and how that plays into any statements that may or may not be suppressed if your rights have been violated under the Federal or State constitution of Maine. Often times, I have clients say to me, “Bill, I wasn't Mirandized. ” Well, my answer in return is, “You don't have to be Mirandized unless, one, you are in custody and two, the questions that are asked of you that are designed to elicit self-incriminating evidence. ” So, for example, if the officer says, “Johnny, what is your date of birth? ” And obviously you've already been arrested and you are in the booking process and you blurt out, “Man, I am so drunk I couldn't tell you my birth date right now. ” That issue is actually not suppressible because all the officer is doing is asking for is your biographical information. He did not ask that question to elicit a self-incriminating answer even though you blurted out an answer that is clearly self-incriminating. Now, what happens when the officer first approaches your car and says, “License and registration,” smells alcohol on your breath and says, “Have you been drinking? ” Does that in and of itself trigger Miranda? Generally, no. While that answer is clearly designed to elicit self-incriminating information, you are not yet in custody. While the roadside stop is a seizure, under the law it is not tantamount to an arrest or custody. Therefore, any... --- ### Proposed Changes to Maine OUI Laws - Published: 2019-12-06 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/proposed-changes-maine-oui-laws/ - Categories: OUI / DUI / DWI DUI enforcement advocates are pushing for several changes to be made in Maine OUI law. One of these proposed changes is to give lifetime license suspensions to repeat OUI offenders. Many Maine OUI lawyers do not think these rules are fair for a number of reasons. Right now, a second OUI conviction can result in a 3 year license suspension. This is a long period of time to go without the means to get around and can affect your career and education. A lifetime suspension would have the potential to hurt many productive members of society who made a few bad decisions in the past. Repeat OUI offenders are responsible for many DUI related accidents and injuries. Statistically, many drivers who are convicted of an OUI are likely to have more DUI arrests in the lifetime. Police and other groups believe that the way to stop this cycle is to take away that driver's ability to drive forever. Losing one's ability to drive for the rest of their lives can have a serious impact on that person's ability to work and earn a living. These laws are proposed to punish drivers like the Portland man who drove his truck into a family riding their bicycles in August. He was found to have a BrAC that was nearly twice the legal limit. When multiple deaths are involved, proponents of the law say that the driver deserves to never drive again. Right now, the maximum license suspension in an OUI case is... --- ### 5 Actions That Constitute Stalking in Maine - Published: 2019-11-20 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/5-actions-that-constitute-stalking-in-maine/ - Categories: Stalking Thanks to movies like Greta and Fatal Attraction, stalkers have become a figure of desperation and terror. Practically all states have stalking laws that criminalize this behavior, but this increased awareness is a double-edged sword for those who have been wrongly accused or were genuinely unaware that their conduct was illegal. What Is Stalking? Maine Revised Statutes Title 17-A, §210-A defines stalking as deliberately engaging in at least two specific acts (e. g. following, threatening, harassing) that causes or would reasonably cause the victim to: Significantly change their routines and actions to avoid the stalker. Experience emotional distress that could be confirmed by a mental health diagnosis Fear injury or death, either to themselves, a close relative, or a pet Fear property tampering or damage When the stalking occurs between family members or people who shared a household within the six months prior to the stalking, Maine law defines it as domestic violence stalking. 5 Examples of Stalking in Maine Below is an overview of 5 fictional scenarios that meet the criteria of stalking, provided they are done repeatedly or frequently. Following someone home every night For the past three months, Ruby's co-worker, Joe, has been following her home every night after work and parking outside her apartment building for hours. She has become so stressed that she seriously considers moving. Showing up at places the victim is known to frequent Paul and Anna broke up over a month ago, but she continues to “run into” him while he's frequenting... --- ### Connection between domestic violence, juvenile offenses, and child abuse in Maine > Domestic violence, juvenile offenses, and child abuse cases in Maine are complex. We can protect your rights. Call us to defend your rights. - Published: 2019-11-13 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/connection-between-domestic-violence-juvenile-offenses-child-abuse-maine/ - Categories: Domestic Violence - Tags: domestic violence An interesting statistic about domestic violence is coming out of a town in Illinois, as it tracks the sources of juvenile offenses. The data reveals a strong connection between domestic violence, juvenile offenses, and child abuse in Maine and beyond. Exposure to violence in the home can have lasting effects on children, often increasing the likelihood of future criminal behavior. Understanding these patterns is crucial for both legal defense and rehabilitation efforts. For those facing charges related to domestic violence or juvenile offenses, securing experienced legal representation is essential to navigating these complex cases and protecting their future. Connection between domestic violence and juvenile offenses Rockford, Illinois, is a city along the border of Illinois and Wisconsin – northwest of Chicago and south of Madison, Wisconsin. It has a population of around 150,000, making it more than twice the size of Portland, Maine, but like most Midwest cities, it is far more spread out. Police in Rockford have been struck with a surge in juvenile crimes in the past few years. In 2018, there were 32 juvenile arrests. With November and December still to go in 2019, that number has already been passed. According to police who have looked at the histories of the young adults who have been arrested, one of the consistent narratives has been that they had abusive home lives. Three out of every four of the teens arrested for a violent crime in 2019 had a documented past of witnessing or suffering from domestic abuse from... --- ### Multiple Counts of Indecent Exposure in Maine Adds Up Quickly - Published: 2019-11-11 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/multiple-counts-of-indecent-exposure-in-maine-adds-up-quickly/ - Categories: Sex Crimes Police in southern Maine are looking for a man who they say is a suspect in a series of indecent exposures in Sanford, Portland, Gorham, and Scarborough. --- ### How the Craft Beer Scene in Maine is Changing OUI Enforcement - Published: 2019-10-29 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/craft-beer-scene-is-changing-oui-enforcement/ - Categories: OUI / DUI / DWI As the craft beer scene continues to explode throughout southern Maine, police have altered their enforcement techniques to pull over and arrest more people for operating under the influence (OUI). By patrolling around breweries and craft beer bars on popular nights and on busy streets, police hope to make more arrests than before. Craft Beer Scene in Maine Grows In only the past decade or so, microbreweries and craft beers have exploded in popularity as more and more people look for alternatives to the “same old beer. ” The newfound interest in something new has led to a resurgence in forgotten styles of beer, like porters and India Pale Ales (IPAs), and led garage brewers to start up their own small breweries and sell their beers, rather than just enjoy them with friends. Now, there are more than 150 breweries in Maine, alone, with microbreweries in all counties and in most towns. In the small town of Biddeford, alone, population 21,000, there's Banded Brewing Company and Nuts & Bolts Brewing. Cross the river into Saco, and you'll find Barreled Souls Brewing as well as Run of the Mill, and the Funky Bow Brewery and Beer Company over towards Lyman. Other areas in Maine – especially Portland and Bangor – have even hotter craft beer scenes. Police Have Changed Their OUI Tactics to Target Breweries One group of people who have noticed a trend towards drinking alcohol in breweries and craft pubs has been the police. They see tasting rooms and... --- ### Maine's Free Speech Right to Call Someone a Rapist, But What About the Accused? - Published: 2019-10-26 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/student-suspended-for-making-allegations-of-rape/ - Categories: Sex Crimes A controversial situation at a Maine high school is bringing out one of the more disturbing problems that sex crime defendants face once they have been accused of wrongdoing: the presumption of guilt. Maine High School Student Suspended for Making Vague Allegations of Rape A student at Cape Elizabeth High School made waves recently when she posted a sticky note to a mirror in the girls' bathroom with the message, “There's a rapist in our school and you know who it is. ” The note inspired rumors throughout the school, and one student stayed home for eight straight days out of fear for his safety. The school suspended the student, who admitted to posting the note, for three days for bullying. A federal district court judge has since issued a restraining order that put a stop to the suspension, pointing out that the suspension could be a violation of the student's First Amendment Free Speech rights. The dispute over the student's First Amendment rights to post the note has taken center stage, shoving some other serious problems off to the side, like the damage those accusations can cause to other people. Accusations of Sex Offenses Spawn Seriously Damaging Rumors Whenever someone accuses someone else of a sex offense, bystanders and onlookers have a decision to make: Do they trust the accuser, defend the accused, or wait for more evidence? One of the unfortunate outcomes of the recent “#MeToo movement” has been a hard slide towards option number one: Rally around... --- ### Fired: Officer Who Threatened to Shoot Shoplifting Suspects in Front of Children - Published: 2019-10-24 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/officer-who-threatened-to-shoot-family-fired-from-the-force/ - Categories: Weapons Charges The police officer who threatened to shoot a man and woman suspected of shoplifting in front of their children has been fired. The decision to let the officer go is a rare win for holding police accountable for their over-the-top reactions to minor offenses like shoplifting. Police Officer Threatens to Shoot Shoplifting Suspects The incident happened back in May. A black family in Phoenix went to their local Family Dollar store. At some point, store clerks called the police about a suspected shoplifter. The police went in pursuit of the family, who had just left the store – the four-year-old had apparently taken a doll without her parents noticing. Police followed the family home to the parking lot of their apartment complex. There, with guns drawn, several police officers arrested the father of the children and harassed the mother. One cop threatened to shoot the adults in front of their children. The altercation was caught on video taken by several people in the complex. Their videos went viral online and caused a severe backlash against the entire police department. A doll in a box was found in the backseat of the car, where the children had been. No one was ever charged with shoplifting. Officer Fired for Outrageous Behavior On October 22, the Phoenix Police Department announced that the officer who threatened to kill the shoplifting suspects in front of their children would be fired from the force. Several other officers involved in the debacle were reprimanded. The department's disciplinary... --- ### Woman Tries to Retract Guilty Plea But Sentenced by Judge Anyway - Published: 2019-10-22 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/woman-tries-to-retract-guilty-plea/ - Categories: Criminal Defense A difficult domestic violence case involving a mother who fatally stabbed her husband in front of their children has ended with a 32-year jail sentence. The case involved numerous details that bear explanation, from aggravating factors in domestic violence situations to the difficulty of retracting a plea deal. Acton Woman Sentenced to 32 Years for Stabbing Husband in Front of Children Back in February 2017, a husband and wife with two children were having marital problems. They had separated and a dispute had arisen concerning child custody. When the wife heard that her estranged husband had been awarded child custody, she attacked him with a knife in the driveway, stabbing him multiple times as their children watched. He was brought to the hospital but died from his injuries. She was charged with murder. She pleaded guilty in August 2018 but tried taking her plea back two months later by claiming she had not taken her psychiatric medication on the day she entered the plea deal. The judge refused to rescind the plea after deciding there was no evidence to support her claims, and sentenced her to 32 years in jail. Aggravating Factors in Domestic Violence Cases Often Involve Children One of the driving forces behind the lengthy sentence in the plea deal – many guilty pleas drastically cut the jail time, while this one was still significantly over the minimum sentence of 25 years – was the fact that the murder happened in front of the couple's children. Courts in... --- ### Maine's Expansive Idea of an Underage Passenger for Child Endangerment OUIs - Published: 2019-10-16 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/maine-underage-passenger-for-child-endangerment-ouis/ - Categories: OUI / DUI / DWI OUI Child Endangerment in Maine: How Underage Passenger Laws Can Widen the Charges A pretextual stop for speeding led to an arrest for operating under the influence (OUI) in Massachusetts. The charges the driver will face are going to be far worse because there were children in the vehicle at the time of the arrest: He will likely be accused of OUI child endangerment and child abuse. Traffic Stop for Speeding Leads to Serious OUI Arrest Police in Sandwich, Massachusetts, say that they saw a car speeding along Route 130 during the evening of Sunday, October 13. When they initiated a traffic stop, the driver handed them an expired driver's license from Colorado and admitted that he did not have an updated one from Massachusetts. Inside the car were three children, aged 5, 2, and 1. The officer suspected that the driver had been drinking and administered several field sobriety tests. When the driver failed them, he was put under arrest. He will likely face several charges, including: Speeding Second-offense OUI Child endangerment OUI Careless driving Driving without a license. OUI Charges Become Aggravated if There Are Children in the Car In many states, including both Massachusetts and Maine, there are numerous aggravating factors that can make an OUI charge much more severe. One of these aggravating factors is if there were underage passengers in the vehicle at the time of the arrest. Maine treats these offenses as an instance of child endangerment. Inebriated adults are less likely to properly... --- ### Multiple Counts of Indecent Exposure in Maine Adds Up Quickly - Published: 2019-10-14 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/multiple-reports-of-indecent-exposure/ - Categories: Criminal Defense Police in southern Maine are looking for a man who they say is a suspect in a series of indecent exposures in Sanford, Portland, Gorham, and Scarborough. While indecent exposure is one of Maine's least severe sex crimes, numerous counts of indecent exposure can quickly rack up. Each separate incident can become another count. Maine Police Searching for Man Accused of Exposing Himself to Women Police in Sanford, Maine, say they received several calls from local women on Sunday, October 13, 2019, about a man who they say was exposing himself to them or acting inappropriately in public. Several calls were complaints that a man was making inappropriate and sexual comments to women. Two other calls came from separate Aroma Joe's coffee shops in Sanford, where a man with the same description was “touching himself” and trying to get into the buildings. In each situation, the man was gone before police could arrive. People have said that the man was driving a dark and beat-up Chevy pickup truck. The descriptions of the man match other recent police calls about indecent behavior in the southern Maine area. One of the calls came from a woman who was jogging in Portland. She said that a man in a beat-up Chevy pickup truck exposed himself to her and followed her on her jog until she ran to a nearby fire station. Two other calls came from students at the University of Southern Maine in Gorham, who claim that a man in a similar-looking... --- ### Getting Ready for Court: Your Plea Options in Maine - Published: 2019-10-11 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/getting-ready-for-court-your-plea-options/ - Categories: Criminal Defense You've been hit with criminal charges, and hopefully you've hired an attorney. Your attorney will look at the details of your case, explore your options, and use their knowledge of the legal system and local courts to determine what your next step is. Generally, there are three ways you can plead in court: guilty, not guilty, or no contest. Guilty When you plead guilty, you admit to the charges you've been accused of and you waive your rights to fight for lesser charges or defend your innocence. This is very rarely recommended by criminal defense attorneys. There are only certain circumstances in which your attorney may recommend this strategy. For example, they may be able to negotiate a lighter sentence in exchange for a guilty plea or they may have you plead guilty to avoid more serious charges issuing. Not Guilty The vast majority of criminal cases result in a not guilty plea. Even if a person thinks that they are guilty of the offenses they've been charged with, their attorney may recommend a plea of not guilty for a variety of reasons. This option gives the attorney more time to analyze the available evidence and figure out if there's enough evidence to support a conviction. This paves the way for a trial in front of a jury of your peers. If your attorney believes that they can create reasonable doubt in the minds of the jury members or demonstrate that there simply isn't enough evidence to convict you, this... --- ### Businesses in Chicago Blame Prosecutors for Rise in Shoplifting Crimes - Published: 2019-10-07 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/businesses-blame-prosecutors-for-rise-in-shoplifting/ - Categories: Shoplifting An increase in shoplifting offenses in Chicago has many business owners pointing fingers at the district attorney there, who had changed her office's policy to reduce the number of felony-level shoplifting offenses her office pursued. The outcry, however, comes from a biased demographic and overlooks the harsh shoplifting laws that the district attorney is trying to mitigate. Shoplifting On the Rise in Chicago A local news report summarized an investigation that found merchandise theft from retail stores – a technical term for shoplifting – was up 34% in Chicago from 2015. In 2018, there were 10,700 shoplifting cases across the city, the most since 2009. The timing of the increase coincides with a change in office policy at the district attorney's office. Shoplifting becomes a felony-level offense in the State of Illinois when the amount stolen is more than $300. However, the Chicago's district attorneys' office had been inundated with felony shoplifting charges – it was the top felony crime submitted to prosecutor review. So district attorney Kim Foxx decided in December 2016 that her office would only pursue felony shoplifting charges for more than $1,000 of stolen merchandise. Businesses Blame Prosecutors Now, businesses are blaming this new prosecutorial strategy for the rise in shoplifting. While the shoplifting rates were already increasing by 6% per year before the change in policy, they jumped 16% in 2017 after the relaxed rules went into effect. Business owners say that thieves have been emboldened by the lower penalties. Business Interests Are Only One... --- ### Caribou Police See Sharp Increase in Domestic Violence Reports - Published: 2019-10-04 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/caribou-police-see-increase-in-domestic-violence/ - Categories: Domestic Violence - Tags: domestic violence Police in Caribou, Maine, have reported a sharp increase in the number of domestic violence accusations. The police chief there credits the media for the attention domestic violence has been getting as well as a more open approach that law enforcement has taken to complaints. However, an increase in domestic violence reports is rife with problems, not the least of which is the increased potential for some of those reports to be empty and vengeful attempts to use the police to get back at someone. Caribou Police Say Domestic Violence Reports are Up With still nearly a quarter of the calendar year to go, the Caribou Police Department has already fielded more domestic violence cases this year than in all of 2018. Caribou police chief Michael Gahgan says that in 2018, his police department handled 34 domestic violence cases. Through the beginning of September 2019, they had already dealt with 40, including: 15 domestic violence assault 5 aggravated domestic violence assault 7 standard assaults 3 domestic violence terrorizing 1 domestic violence criminal threatening They have also dealt with 2 accusations for harassment and have issued 6 protection order violations. Police chief Gahgan credits media attention as well as victim advocacy and better police training for the increase in reports. When abuse victims read news stories about domestic violence, they can see that they have a lot in common with the victim and realize that they might be victims, too. With better police training for how to handle victim reports, coupled... --- ### Understanding the Difference Between an Accomplice and an Accessory - Published: 2019-09-30 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/understanding-the-difference-between-an-accomplice-and-an-accessory/ - Categories: Criminal Defense Even if you didn't directly participate in or plan a crime, you could still be liable for what happens during the commission of the crime. The main person carrying out a crime is typically known as a principal. Others who help the principal before, during, or after the criminal act are typically known as accomplices or accessories. Defining Accessory It's important to note that Maine law does not use the term “accessory” in criminal law. Under the Maine Criminal Code, someone who is complicit or cooperative in the execution or commission of a crime is an accomplice. Another relevant term used is “criminal conspiracy,” but again, the term “accessory” is not used. This term is used in other municipalities, so it may come up if you're facing federal charges—if your charges are in Maine, you will not see the term accessory. Defining Accomplice Section 57 of the Maine Criminal Revised Statutes defines a criminal accomplice. To be an accomplice, an individual must promote or facilitate the commission of a crime by asking someone else to carry out a crime, helping someone else plan the crime, or assisting in the commission of the crime. Even if the original intent was only to assist in one criminal action, the accomplice may be responsible for any additional reasonably foreseeable crimes. For example, if an accomplice helps someone plan a burglary and the burglar kills the homeowners while carrying out the crime, the accomplice may also be charged as an accomplice to manslaughter or... --- ### The Paradox Created by Statute of Limitations Based on the Alleged Victim's Age - Published: 2019-09-28 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/paradox-of-statute-of-limitations/ - Categories: Sex Crimes A Winthrop man is being accused of gross sexual assault and sexual abuse of a minor for conduct that apparently happened years ago during his time working as a facilities director with the Bread of Life Ministries. The case highlights an all-too-common paradox in these types of sex crimes: The possibility of going to trial over an issue that is designed to prevent cases like these from going to trial. Religious Worker Accused of Sexually Abusing a Minor On September 27, 2019, police arrested a facilities director for Bread of Life Ministries in Augusta, Maine. He is charged with a variety of sex crimes for alleged conduct that apparently happened years ago. According to the alleged victim, she became “sexually involved” with the director when she was 14. She is now 21 and only made the allegations to police last year. The defendant, now 47 years old, apparently told detectives that he met his accuser when she was only 12, but they didn't have sex until she was 18 years old. He was released on $20,000 bond. The Complicated Statute of Limitations for Sex Assault Cases Involving Minors Prosecutors have to press criminal charges before the statute of limitations expires. In Maine, the criminal statute of limitations is found at 17-A Maine Statute §8. The general rule in that statute is that felony-level offenses – now crime classifications A, B, or C – have to be charged within six years, while misdemeanors – Class D or E crimes – have... --- ### Store Clerk Forces Suspected Shoplifter to Strip Naked at Gunpoint - Published: 2019-09-26 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/clerk-forces-suspected-shoplifter-to-strip-naked/ - Categories: Criminal Defense, Weapons Charges A suspected shoplifting situation took a strange turn in New Jersey when the store clerk pulled a gun on the suspect and ordered him to strip naked. The whole situation was caught on camera. The suspected shoplifter turned out to be innocent. The clerk, though, is now facing gun charges for owning an illegal firearm and aggravated assault charges. Clerk Pulls Gun on Suspected Shoplifter and Forces Him to Strip Naked The incident happened at a Sunoco gas station in Salem, New Jersey, on September 23, 2019. Apparently, a customer who had been caught shoplifting before came into the store. Suspecting that the man was shoplifting again, the store clerk pulled out an Airsoft gun and told the man to prove that he wasn't trying to make off with merchandise. Surveillance video shows the customer taking off his shirt, arguing with the clerk, and then taking off his pants. In the end, the clerk forced the customer to take off all of his clothes, even though there were multiple other people waiting in line. The strip search revealed no hidden merchandise. When police heard of the altercation, they charged the clerk with aggravated assault for threatening the customer with what appeared to be a legitimate firearm. The Limits of the Shopkeeper's Privilege Store owners and clerks like the one wielding the Airsoft gun, here, have a limited right to detain and investigate suspected shoplifters. This is known as the shopkeeper's privilege rule and is meant to strike a balance between... --- ### Domestic Violence Charges Filed Against Manhunt Suspect - Published: 2019-09-25 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/domestic-violence-charges-filed-against-manhunt-suspect/ - Categories: Domestic Violence - Tags: domestic violence A Litchfield man is facing a host of domestic violence offenses after an altercation with a woman who was apparently his girlfriend. Details of the relationship are still sketchy, though, and could test the boundaries of what it means to be a “family or household member” under Maine's domestic violence laws. Domestic Violence Charges Filed Against Manhunt Suspect The incident happened over a month ago. Police received a 911 text from a cell phone that then went nonresponsive. The cops tracked the phone to a house and eventually came in contact with the woman who says she sent the text. She claimed that she was with a man who threatened her with a knife and kicked her. It took a manhunt to find the suspect and place him under arrest. He has since been indicted on numerous charges, including: Kidnapping Domestic violence criminal threatening Domestic violence terrorizing Domestic violence assault. Details about the relationship between the suspect and the alleged victim, however, do not make it clear whether the domestic violence charges will stick. Domestic Violence Charges Require Certain Types of Relationships A domestic violence charge is just a different type of crime that was allegedly committed against certain people that have a close relationship with the suspect. If that relationship is not present, the domestic violence element disappears. The necessary relationship is a “family or household member,” which is defined at 19-A Maine Statute § 4002(4). This statute lists some very specific relationships, like current or former spouses, as... --- ### Maine's New Hands-Free Driving Law Will Lead to Pretextual Stop for OUI - Published: 2019-09-24 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/new-hands-free-driving-law/ - Categories: OUI / DUI / DWI Maine has become the latest state to pass a “hands-free driving law” that forbids drivers from holding or even touching a cell phone while behind the wheel. An unfortunate – and entirely foreseeable – repercussion of the law, though, is that police will use it as a pretext for pulling someone over and searching for signs of operating under the influence (OUI). Maine's Hands-Free Law Goes Into Effect Maine's state legislature passed the law banning the use of cellphones in the car back in June. Governor Mills signed it into law on June 29, 2019, and it went into effect on September 19. The law is far more strict than prior distracted driving laws in the state of Maine and makes Maine the 20th state in the U. S. to ban drivers from using or even interacting with cellphones while on the road. Extremely Strict Changes to Distracted Driving Law The law did not just create a new statute in Maine's traffic code – it actually changed numerous other provisions scattered throughout the code. The most important changes include amendments to: 29-A Maine Statute §101 29-A Maine Statute §1304 29-A Maine Statute §1311 29-A Maine Statute §2119 The law also created 29-A Maine Statute §2121 and repealed §2116. Altogether, these changes – some of which have not been updated in the official online statutes – forbid drivers from interacting with a mobile device at all while on the road. This includes when they are stopped at a red light or... --- ### One of Kevin Spacey's Accusers Has Died: What It Means for the Case - Published: 2019-09-23 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/kevin-spacey-accuser-dies/ - Categories: Sex Crimes The sex offense allegations against Kevin Spacey took another turn when one of the accusers unexpectedly died. It's not uncommon for alleged victims to pass away as their cases wind their way through court, and there are legal mechanisms in place that allow their case to go on. However, civil allegations of sex crimes, like this one, are largely doomed without the testimony of the alleged victim, who is often the only witness to the offense other than the defendant. Kevin Spacey's Accuser Dies The actor Kevin Spacey has recently been accused by several men of sexual offenses, including other states' equivalent of Maine's sexual assault law. Some of those have been criminal cases filed by prosecutors and carrying the potential for jail time. Others have been civil cases, brought by the alleged victims who are demanding money. One of those accusers was a middle-aged man and a massage therapist in Malibu. He claimed that back in October 2016, Spacey came to him for a massage. During the massage, he says Spacey forced him to touch his genitals and then asked for oral sex. The massage therapist filed a civil lawsuit against Spacey, demanding compensation for the emotional distress caused by the sexual assault and battery. However, he recently died, well before his case could progress too far – the pre-trial conference had been scheduled for next May. The Legal System Can Usually Handle the Death of a Plaintiff When the plaintiff in a lawsuit dies, the case does not... --- ### Shoplifting from Private Seller: Man Allegedly Takes Motor Home Without Paying for It - Published: 2019-09-20 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/man-allegedly-takes-motor-home-without-paying-for-it/ - Categories: Criminal Defense A Maine man is being accused of theft for allegedly taking someone else's motor home without paying for it. The incident is an illustration of Maine's decision to consolidate different offenses like shoplifting and petty larceny into a single theft statute. Man Agrees to Buy Motor Home, Doesn't Pay According to the news reports of the incident, a 78-year-old man from Naples agreed to buy a motor home from a private seller in Alfred, Maine. The seller claims that they came to an agreement, but then the buyer got in the motor home and left. When the seller tried to call him about his promise to pay, the buyer never responded so the seller called the police. The police found the motor home at the Kittery Rest Area on Interstate 95, with the 78-year-old man inside. He is being charged with a felony offense of “theft by unauthorized taking or transfer. ” Shoplifting and Private Sellers Shoplifting is a way of conducting a theft. It involves taking property from a business or store without paying for it. Normally, it's for theft crimes where the alleged value of the property stolen is less than $500. 00. But what about private sellers, or people who are selling something on, say, CraigsList? Are they a “store or business” under shoplifting law? Maine's shoplifting law seemed to say that no, they were not covered. Instead, taking something from a garage sale without paying for it would fall under a different type of theft, like... --- ### Man Charged with Illegal Possession of Firearm Due to Prior Domestic Violence Conviction - Published: 2019-09-19 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/man-charged-with-illegal-possession-of-firearm-from-prior-domestic-violence-conviction/ - Categories: Domestic Violence, Weapons Charges - Tags: domestic violence A Maine man was arrested for possession of a firearm – something he was prohibited from having because of a prior domestic violence conviction. The judge then denied bail at his subsequent arraignment. Both of these developments are common for people who have been convicted of a crime of domestic violence in the past. Arrest for Possession of a Firearm Based on Prior Domestic Violence Conviction A 37-year-old resident of Bangor was arrested recently for possessing a firearm. While this would normally be a standard exercise of someone's Second Amendment rights, this particular person had been convicted of domestic violence in the recent past. Police had received a tip that the suspect had a weapon. Because of his prior domestic violence conviction, police responded to the scene with a search warrant. When they found a gun, they made the arrest on a weapons charge. Another charge was filed against the suspect for domestic violence terrorizing based on statements made to police during the investigation – possibly at the same time as the tip was reported. Tips Can Close the “Relinquishment Gap” We've covered the so-called “Relinquishment Gap” before. A federal law, 18 U. S. C. § 922(g)(8), makes it illegal for people to possess a firearm if: they were found to present a credible threat to an intimate partner at a court hearing, and the court issued a restraining order against them. While the federal law makes it illegal for these people to have a gun, it does not say... --- ### New Hands Free Law Goes Into Effect Today in Maine - Published: 2019-09-19 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/new-hands-free-law-goes-into-effect-today-in-maine/ - Categories: OUI / DUI / DWI As you have probably seen from electronic signs posted on the roadways during your daily commute for the past few weeks, the new hands-free law in Maine (29-A M. R. S. A. § 2121 (2019)), goes into effect this Thursday, September 19th. This law makes using your cell phone while driving a primary violation, meaning that an officer does not need any other reason to stop you before issuing a traffic ticket. Under this statute, drivers are prohibited from manipulating, using, or holding a cell phone or any other electronic device while driving, with limited exceptions. This includes placing a call, using social media, texting someone, or any other action that causes you to hold or use your phone or that distracts you from safely operating a motor vehicle. Because there is no warning or grace period once this law immediately and fully goes into effect on Thursday, it is best to familiarize yourself with the behaviors that fall under the law that may result in a traffic ticket, as well as the exceptions that apply. Below are some common questions and answers that should be useful to you when determining what you can and cannot do while driving. When can an officer stop me and issue a traffic ticket? An officer can stop you on the roadway and issue a ticket anytime you are caught using or holding your cell phone or another electronic device, with limited exceptions. This means that if you are not actively using the phone,... --- ### Massachusetts Suspends License in 2019 for a 1981 OUI in Maine - Published: 2019-09-18 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/man-has-license-suspended-for-an-oui-forty-years-ago/ - Categories: OUI / DUI / DWI A man in Massachusetts got a letter to notify him that he was having his driver's license suspended for operating under the influence (OUI) in Maine. That OUI case, though, happened in 1981. Driver's License Suspended for OUI after 40 Years When he was 18 years old, the driver was pulled over while driving his VW van through Maine. He was arrested for drunk driving and went through the court process, which was much less intensive back then. He did not go to jail and only had to pay fines. Apparently, he also had to take an alcohol education course. For whatever reason – whether he didn't do it because he was from out-of-state or he was not notified of the requirement – the course was never completed. Now, the Massachusetts Registry of Motor Vehicles (RMV) is suspending his license until he completes the required course he never took, nearly 40 years ago. The man, now 57, hasn't had a traffic ticket in nearly two decades. Massachusetts Reviews OUI Records Involving Out-of-State Drivers The situation is one of many in the fallout from a fatal OUI accident that happened in New Hampshire. That accident involved a Massachusetts commercial driver whose license should have been suspended after an OUI arrest in Connecticut. Weeks after the OUI arrest, the driver caused another crash that killed seven motorcyclists. The oversight at the RMV led to the resignation of its head and forced it to review its data sharing policies with other states. That... --- ### Domestic Violence Allegations in College Get Complicated Due to Title IX - Published: 2019-09-17 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-domestic-violence-allegations-in-college-complicate-title-ix/ - Categories: Domestic Violence, Title IX - Tags: domestic violence, Title IX A slew of allegations, including claims of domestic violence assault, has become even more complex because they happened in college, where federal laws provide for an independent system to decide cases. Domestic Violence & Sexual Assault Allegations at University of Maine at Farmington Several women have come forward and accused a man of sexual assault, rape, and physical assault during their time at the University of Maine at Farmington. Several of them filed police reports, but the district attorney decided not to pursue criminal charges. So the women went to the school's administration, instead, and initiated proceedings against the man under the federal civil rights law, Title IX. Title IX aims to promote equal opportunity to receive higher education by forbidding gender or sexual discrimination. It requires colleges to respond to allegations of sexual assault that imperil a student's education and threatens to strip the school of its federal funding if it does not follow through. Title IX investigation and hearings, however, are conducted by the school rather than by law enforcement or judges. To no one's surprise, those hearings are rife with serious procedural problems and can differ drastically from school to school. To add to the confusion, students accused of a Title IX violation only have to be found guilty by a preponderance of the evidence, rather than beyond a reasonable doubt. The Title IX claims led to the male student's interim suspension from UMF and ended with a finding that he harassed several of the women. That... --- ### Patriots Receiver Antonio Brown Accused of Sexual Assault and Rape - Published: 2019-09-16 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/antonio-brown-accused-of-sexual-assault-and-rape/ - Categories: Sex Crimes Almost as soon as he signed a deal to play professional football with the New England Patriots, all-star wide receiver Antonio Brown was accused of sexual assault and rape in Florida. The allegations, however, have numerous details that raise eyebrows. That it was filed in civil court by the alleged victim rather than in criminal court by prosecutors adds to the intrigue. Antonio Brown Accused of Sexual Assault and Rape The lawsuit was filed in federal court in Miami where Brown lives during the off-season. According to the claims in the lawsuit, Brown raped and sexually assaulted one of his personal trainers. The lawsuit says that the alleged victim, one of Brown's former classmates at Central Michigan University, was sought out by Brown to be one of his personal trainers. During her time on the job, Brown allegedly exposed himself to her. She claims a few weeks later while in his house, he snuck up behind her and ejaculated on her back. A year after that, she claims she was out partying with Brown in Miami, drove Brown home, and was raped in his bedroom. There is no indication that the alleged victim called the police or filed a report over any of these incidents. Plenty of Holes in the Alleged Victim's Story Brown has already raised an important legal defense: The alleged victim is making a false accusation to retaliate against him for not investing millions of dollars in her gymnastics center business. Even without this defense, though, there... --- ### Maine Resident Accused of Shoplifting: the Problem of Searches Incident to an Arrest - Published: 2019-09-13 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/the-problem-of-searches-incident-to-an-arrest/ - Categories: Shoplifting A Maine native was recently arrested for shoplifting in New Jersey. The details of his arrest highlight an important issue with Maine's shoplifting law: even empty accusations of shoplifting can quickly turn into criminal charges when police search you for evidence of a crime. Maine Native Arrested for Shoplifting and Drug Paraphernalia The arrest happened back in July 2019, in Fair Lawn, New Jersey. Fair Lawn police received a call from a local CVS about a suspected shoplifter. When they found the suspect, a 26-year-old from Clinton, Maine, they searched his backpack and found $306 in unpaid merchandise from the CVS as well as several hypodermic needles. The suspect was arrested for shoplifting and possessing drug paraphernalia. Shoplifting Allegations Often Lead to Searches in Maine and Elsewhere The incident highlights one of the most important and frustrating things about shoplifting allegations: when a store accuses you of shoplifting, it can be almost impossible to avoid a police search for evidence. Police rely on store owners or clerks to report the vast majority of shoplifting incidents. When those reports are made and police identify the suspect – whether using the clerk's description or with the clerk's active help and identification – the police will detain the person who is accused of shoplifting. These detentions are not quite arrests. Instead, they are interactions between police and members of the public that are designed to obtain evidence. If you are the one detained on suspicion of shoplifting, you can count on police asking... --- ### Rare Fatal OUI in Acadia National Park Being Pursued in Federal Court - Published: 2019-09-06 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/fatal-oui-accident-in-arcadia-national-park/ - Categories: OUI / DUI / DWI A fatal drunk driving incident in Maine is raising some interesting jurisdictional issues because it happened in Acadia National Park. Fatal Accident in Acadia National Park Leads to Federal DUI Charges According to court documents, a 28-year-old man from India caused a fatal car accident over Labor Day Weekend on Park Loop Road in Acadia National Park. Based on skid marks on the road, police say that he was going well over the posted speed limit of 25 miles per hour. The man told police that he and other people in the car had been out drinking in Bar Harbor before the crash, which happened after 2 a. m. on Saturday morning, August 31. Three people were killed in the accident, all of them from New York City. Because the driver is an Indian native, he is facing deportation if he is convicted, in addition to the other typical OUI penalties. He is being held in jail without bail as a result. National Parks are Federal Land The differences in this case are apparent from even the scant details mentioned in news reports – the suspect is being prosecuted by federal prosecutors and his case is being heard in federal court. Usually, because operating under the influence (OUI) is a state crime, it is pursued by state district attorneys and heard in state courts. The federal involvement here has to do with the fact that the incident happened in a national park. National parks, including Acadia, are technically owned by... --- ### A Misdemeanor Charge Is a Big Deal! - Published: 2019-09-03 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/a-misdemeanor-charge-is-a-big-deal/ - Categories: Civil Offenses Perhaps you've been accused of a crime after a traffic stop, or maybe the police have contacted you after someone else mentioned your name in connection with a crime. Regardless of how you've ended up with a misdemeanor charge, maybe you're not too worried—after all, it's not a felony, right? Don't get too comfortable. Although a misdemeanor isn't as serious as a felony, it can have a serious impact on your reputation, your career opportunities, your education, and in some narrow circumstances, your right to parent your own children. Before you decide to accept your charges and plead guilty, make sure you know what you could be giving up. Your Educational Future A misdemeanor conviction could affect your ability to pursue higher education. A conviction for say, a drug offense, might limit your financial aid options, making it more difficult to take out student loans. Additionally, a criminal record could cause you to be rejected from competitive schools. If you do get into the school of your choice, certain programs may be closed to students with criminal records. Think About Your Career A growing number of career paths require professional certification or licensure. Depending on your intended career path, you may be required to undergo a background check before you're permitted to start your career. Even if you are already established in your career, you may be unable to renew your license or advance to a more prestigious position if you have a criminal conviction staining your record. What About... --- ### Local Man Recognized for Helping Arrest Juvenile Shoplifting Suspects - Published: 2019-08-31 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/local-man-helps-police-arrest-teen-shoplifters/ - Categories: Juvenile Offenses Police in Bath arrested two shoplifting suspects with the help of a local man. The incident draws out some common themes in shoplifting cases, particularly the fact that most instances of shoplifting are juvenile offenses. Police Honor Good Samaritan for Helping Catch Shoplifters The otherwise run-of-the-mill incident only seemed to make the news cycle because it took the help of a local man to help police officers arrest the shoplifting suspects. According to the police, on August 23, 2019, one police officer was trying to arrest a teenage boy and a teenage girl for trying to shoplift alcohol from a convenience store in Bath. A fight broke out between the two suspects and the officer, and a local man, 71-year-old Joseph Maist, intervened. With Mr. Maist's help, the officer arrested both suspects. They were both eventually charged with a host of crimes, including: Theft Assault on a police officer Obstructing government administration Possession of alcohol by a minor Mr. Maist was recognized for his actions and awarded a department coin and a certificate. Shoplifting is Often a Juvenile Offense The situation is another example of how common it is for a shoplifting case to involve suspects who are under the legal age of 18. In this case, the alleged shoplifters were 15 and 17 years old. While there are few figures to back it up, anecdotal evidence strongly suggests that most shoplifting cases involve minors under the age of 18. Taking candy bars from stores is often a right of... --- ### Sex Offenses, Estate Management, and Trust Law: the Case of Jeffrey Epstein - Published: 2019-08-30 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/complexities-of-the-epstein-case/ - Categories: Sex Crimes It is a fascinating example of how lots of different areas of the law can become entangled in a single case: Alleged victims of sex crimes perpetrated by Jeffrey Epstein are trying to sue his estate in civil court for compensation. They are being blocked by a private trust Epstein created, but it is unclear how much of an obstacle that trust is going to be. Epstein's Last Minute Will and Trust Transferred $577 Million After being arrested and charged for sex trafficking and raping minors, Jeffrey Epstein was held without bail. He committed suicide in jail on August 10, 2019. On August 8, through, Epstein wrote a will, which he filed in the U. S. Virgin Islands. That will left his estate to a private trust and valued it at more than $577 million. The will does not list any beneficiaries, but does name Epstein's brother, Mark, as his only heir. Civil Lawsuits Follow Criminal Charges Many of Epstein's accusers had filed personal injury lawsuits against him, seeking compensation for his alleged conduct. Those lawsuits were on hold while Epstein's criminal case worked through the system, ready to pounce if he were convicted on the sex crime charges. Such a conviction would doom his defense to the civil lawsuits. When Epstein committed suicide, though, the criminal charges against him fizzled away and forced the civil lawsuits to prove their own cases. Plaintiffs May Have to Break Into Epstein's Trust Fund Those civil cases, however, will all be for nothing... --- ### Culpable States of Mind - Negligence - Published: 2019-08-27 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/culpable-states-of-mind-negligence/ - Categories: Criminal Defense Maine's criminal laws are almost always interested in what was going through your mind, when you're accused of committing a crime. What you were thinking is a crucial element of many crimes in the state, and having what is called a “culpable state of mind” is required, in order to be convicted on many criminal charges. If you aren't proven to have had the required culpable state of mind for a crime, then you can't be convicted for that crime. To make things easier, Maine has set out four different states of mind. These are: Intent Knowledge Recklessness Negligence The criminal statutes of Maine will often include a statement about which of these categories is required, in order for you to be convicted for violating that law. Elsewhere in this blog, we've discussed intent, knowledge, and recklessness. Now, we'll delve into what negligence means. According to Maine's law, criminal negligence is when you fail to be aware of the risk that your conduct will produce a certain result, and should have known otherwise. An example of acting with criminal negligence is by spinning donuts in a snowy parking lot. Even though you think that you have absolute control of your car, the reality is that you could lose control and spin into someone else's car, or into a building at the side of the parking lot, and cause damage. You could face criminal charges for this, and could be convicted if these charges only require that you be shown to... --- ### Police and Media Seem to Presume Domestic Violence Suspect's Guilt - Published: 2019-08-26 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/police-and-media-presume-domestic-violence-suspect-is-guilty/ - Categories: Domestic Violence - Tags: domestic violence A domestic violence situation unfolded in Florida and ended with a neighbor and the alleged abuser in a gunfight that killed the suspect. The police are calling the neighbor a “hero,” but there are still a lot of details that are unclear. Neighbor Intervenes in Apparent Domestic Violence Situation According to the initial reports, the situation happened in Trinity, Florida, on Wednesday, August 21. A man was outside mowing his lawn when he heard what he thought was an altercation in his neighbor's house – the county sheriff said that someone inside “was screaming for help. ” The neighbor saw several young children being shepherded out a second-story window. After he helped the children down, the domestic violence suspect approached. The neighbor tried calming him down, but the suspect apparently pulled out a gun and started firing. The neighbor returned fire and killed the suspect. When police investigated, they found the inside of the house bloody and in disarray. The children and the apparent victim are fine. Unquestioned Holes in the Story Show Bias Against Suspected Abusers The story sounds like a feel-good article about how Good Samaritans are out there and can help people in need. However, it unwittingly reveals how people jump to conclusions when it comes to domestic violence incidents. In this particular article, there are not one but several inconsistencies that make one question what really happened. For example, according to the news story, the neighbor was mowing his lawn and intervened when he heard the... --- ### You Can Get an OUI for Drinking White Claws and Driving - Published: 2019-08-23 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/drinking-white-claws-can-earn-you-an-oui/ - Categories: OUI / DUI / DWI The Portland Police Department felt the need to remind people that hard seltzer can still lead to an arrest for operating under the influence (OUI). Like many new kinds of alcoholic drinks, people trying it for the first time – or drinking it heavily for the first few times – can face a learning curve before they know how it will make them feel. The Sudden Popularity of White Claws This particular drink is known as a White Claw. It's a brand of the hard seltzers that seem to have become popular overnight. White Claws come in a variety of flavors, like: Lime Black cherry Mango Raspberry They all have around 5% alcohol by volume (ABV) and around 100 calories, making them similar to a light beer. However, unlike beers, hard seltzers like White Claw taste and have the mouth feel of soda, but without the sugar. Without the barley and hops in beer, they are easier to drink, don't make you feel bloated, and won't dehydrate you as much as a beer. In spite of the lack of taste – even in the flavored editions – the low price and drinkability of hard seltzers like White Claws have made them incredibly popular this summer. Portland Police: There Are Laws When You Drink White Claws One of the catchphrases for White Claws has come from a video that claims to parody the advertising for the seltzers: “Ain't no laws when you're drinking Claws. ” The Portland Police Department felt the... --- ### Why Jeffrey Epstein's Death is Bad News for Other Suspects in His Case - Published: 2019-08-21 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/why-the-epstein-death-is-bad-news-for-other-suspects/ - Categories: Sex Crimes An interesting wrinkle in the sex crime case against Jeffrey Epstein, now that he has committed suicide in a New York jail, is what will happen to the evidence that used to be in his possession but could be used against other people in the sex trafficking conspiracy that he allegedly ran. Jeffrey Epstein Dies in Jail In a turn of events that tickled thousands of conspiracy theorists, Jeffrey Epstein, the mysterious billionaire with high-profile connections across the country, died in the Manhattan jail where he was being held on charges of trafficking underage girls. The autopsy suggested he committed suicide by hanging. Conspiracies abounded over Epstein's death, with theorists claiming that either Bill Clinton or Donald Trump killed him. One thing that doesn't hinge on whether Epstein was murdered or committed suicide is the impact his death will have on other, collateral suspects in his sex trafficking case. These suspects include some high-profile people, including: British socialite and friend of Epstein, Ghislaine Maxwell Prominent lawyer and law professor Allan Dershowitz Former President Bill Clinton Current President Donald Trump Prince Andrew, Duke of York Dead People Can't Challenge Search Warrants While Epstein was alive, he had legal rights to privacy in his belongings and his multiple homes. Police could not just walk in and scour an Epstein residence for evidence of his wrongdoings – evidence that could also implicate his associates or friends. The Fourth Amendment protected against those illegal searches. Furthermore, any search warrant that police obtained had to... --- ### Man Arrested in Maine for Crime in Pennsylvania: How Extradition Works - Published: 2019-08-19 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/pennsylvania-man-arrested-in-maine-will-be-extradited/ - Categories: Sex Crimes Portland police arrested a man who has been accused of raping a child in Pennsylvania. He is expected to be extradited back to Pennsylvania to face trial. Maine Police Arrest Man Wanted for Raping a Child in Pennsylvania Police arrested the 42-year-old in Portland on August 6, 2019, after police in Spring Grove, Pennsylvania had issued an arrest warrant for him a day before. Details of the underlying offenses are still sketchy, though Pennsylvania police have said the incidents leading to the arrest warrant had happened over several years. Whatever happened, the man is facing numerous criminal charges, including: Rape of a child Involuntary and deviate sexual intercourse Aggravated indecent assault of a child Corruption of minors. Police in Maine will have to extradite him back to Pennsylvania to face those charges. How Does Extradition Work? Foreseeing the problem of suspects in state crimes fleeing for the border and into neighboring states, the U. S. Constitution, in Article IV, Section 2, requires other states to send them back to face a criminal charge and trial. The state where the crime was committed only has to ask for the suspect's extradition. A federal law, 18 U. S. C. § 3182, provides the guidelines for how states can ask for extradition. They have to: Provide an indictment or an affidavit that was made before a judge, stating that the suspect is being charged with a crime; and Certify that indictment or affidavit as authentic – this has to be done by the... --- ### Jewelry Store Heist Shows Where the Line Is Between Shoplifting and Burglary - Published: 2019-08-16 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/jewelry-heist-an-example-of-what-defines-burglary-versus-shoplifting/ - Categories: Shoplifting Over $100,000 in merchandise was taken from a jewelry store in Farmingdale back in early August. The incident highlights the difference between shoplifting and some more severe criminal charges like burglary. Maine Jewelry Store Broken Into According to the police and store owners, Kennebec Jewelry was broken into during the overnight hours of August 2, 2019. Several jewelry cases were broken during the incident, and store owners claim that more than $100,000 in jewelry was taken during the heist. Police are now asking the public for leads as they treat the case as a burglary. The Distinct Line Between Shoplifting and Burglary Even though shoplifting is the criminal offense of intentionally taking merchandise from a store without paying for it, police are treating the incident as a burglary because there is an additional element to the case: Breaking and entering into a building that was closed to the public at the time of the offense. Shoplifting is one of the many criminal offenses that is covered by a single statute in Maine – 17-A Maine Statute § 351. This statute consolidates a handful of different theft offenses under the realm of a common element that they all have: Intentionally taking property, without the permission of the owner, with the intent of permanently keeping it. The statute treats all of the following offenses as “theft”: Embezzlement Extortion Blackmail Receiving stolen property Larceny Shoplifting However, 17-A Maine Statute § 351 does not include a course of conduct that makes criminal offenses more... --- ### Mass Shooting Raises Questions About Walmart's Security and Shoplifting Allegations - Published: 2019-08-15 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/mass-shooting-at-walmart-raises-security-questions/ - Categories: Shoplifting, Weapons Charges The recent mass shooting in El Paso has boiled over into a larger discussion of the strain that Walmart stores put on their local communities, particularly local police departments. With constant calls to the police over petty theft crimes and shoplifting and with seemingly little interest in providing their own security, Walmart's policies are starting to wear down the patience of some towns. Mass Shooting Raises Questions About Walmart's Security Policies Much of the immediate aftermath of the mass shooting at a Walmart store in El Paso focused on gun control, immigration, and white nationalism. After all, 22 people were killed by someone who was angry about immigration and was wielding an assault rifle. Now that some of the dust has settled, though, The New York Times has started investigating how Walmart's security policies could have played a role in the shooting. The results of that investigation painted a bleak picture of Walmart's role in a town's crime rate. Of note: In the week before the mass shooting, 3 people were killed in Walmart stores across the country. Three days after the mass shooting, 2 men got in an argument, pulled guns on each other, and began shooting in Baton Rouge. Within the span of a couple of weeks, a single store in Marietta, Georgia, saw a knife-wielding man threaten to assault a Walmart employee and another man try to kidnap a 9-year-old from the bathroom. Study Shows that Walmart Drives Crime Rates The concerns are not just anecdotal: One... --- ### Do Maine's OUI Laws Reach Horse-Drawn Vehicles? - Published: 2019-08-13 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/do-oui-laws-apply-to-horse-drawn-carriages/ - Categories: OUI / DUI / DWI A freak accident in Clinton, Maine, left four people hurt when a horse-drawn carriage careened out of control and hit a car and a telephone pole. The incident raises a question: can you face operating under the influence (OUI) charges for driving a horse-drawn carriage in Maine – just as you would face the same if driving a car? The answer involves the scope of Maine's OUI statute and some important definitions elsewhere in Maine's code. Horse-Drawn Carriage Accident Leaves Four Hurt The accident happened on Water Street in Clinton, Maine, during the evening of Sunday, August 11. According to the initial reports, a loud noise spooked the two horses that were pulling a wagon with four passengers. The driver of the carriage couldn't control them and they ran with the carriage before hitting a car and then a utilities pole. All four of the passengers were hurt. One passenger was flown to the hospital in a helicopter and is listed in serious condition. While there is a small Amish community in the Clinton area, police say that the driver of the buggy and the injured passengers were not a part of it. Maine's OUI Law and Horse-Powered Vehicles While there is no evidence that the driver of the wagon was under the influence of drugs or alcohol, the incident raises the question of how Maine's OUI law would handle the hypothetical situation of a drunk horse-and-buggy driver. The short answer is: you can't be convicted for driving a literal... --- ### Red flag laws and those accused of domestic violence in Maine > Red flag laws in Maine can impact those accused of domestic violence, putting Second Amendment rights at risk. We'll protect your rights. - Published: 2019-08-12 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/red-flag-laws-and-domestic-violence-accusations-in-maine/ - Categories: Domestic Violence, Weapons Charges - Tags: domestic violence In the aftermath of a disturbing number of mass shootings, the U. S. government is considering some sweeping gun control laws. The ones that are gaining the most bipartisan traction are so-called “red flag laws. ” These proposals, however, could have dire repercussions for people in domestic violence disputes and who care about their Second Amendment rights. Renewed Push for Gun Control After Mass Shootings Following a string of mass shootings in Dayton, Ohio, and El Paso, Texas, Congress has signaled a new openness to discuss gun control measures. At the time of the shootings, there had already been a couple of proposals working their way through the legislative system. Now that political points can be scored by taking action, though, there is renewed vigor to pass something. The gun control measures currently up for debate can be categorized into three forms: Red flag laws Background checks Outright bans of assault weapons Red Flag Laws There are several red flag laws contending for passage in the Senate: S. 7, proposed by Marco Rubio (R-Fla. ) S. 506, proposed by Dianne Feinstein (D-Calif. ) A joint-proposal from Senators Lindsey Graham (R-S. C. ) and Richard Blumenthal (D-Conn. ) that has yet to be officially released All of them would give states money to create a program that allows concerned individuals to ask a court to strip someone of his or her weapons. Background Check Legislation The Democrat-controlled House of Representatives had already passed two laws that would have tightened background checks... --- ### Domestic Violence or Assault on Neighbors in Maine - Published: 2019-08-08 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/domestic-violence-or-assault-on-neighbors-in-maine/ - Categories: Domestic Violence - Tags: domestic violence A man in Portland, Maine has been accused of beating up a neighbor in his apartment complex. While the incident would not be considered a crime of domestic violence in Maine, it can lead to similar housing repercussions, to which a domestic violence charge could also lead. Man Accused of Assaulting Neighbor in Apartment Complex in Portland, Maine According to initial news reports of the incident, a 62-year-old man was arrested on Saturday, August 3, 2019, for allegedly assaulting a 63-year-old man who lived in his apartment complex on Danforth Street in Portland. Apparently, the two know each other. It's unclear whether they are neighbors in the complex with adjacent apartments, or if they just share the same building. The alleged victim was brought to Maine Med, where he is listed in critical condition. The defendant is being held in the Cumberland County Jail on $50,000 bail. He is being charged with elevated aggravated assault. People Who Share an Apartment Complex are Not Family or Household Members A crime only becomes a crime of domestic violence if the purported victim was a member of the defendant's “family or household. ” The types of relationships that fall within this realm is listed at 19-A Maine Statute § 4002(4). Unlike some states, Maine does not include a neighbor as a family or household member for the purpose of domestic violence. While it is conceivable that people who live in the same apartment complex could fall within the purview of the “individuals presently... --- ### Two Reasons Why State v. Mitchell is a Disturbing OUI Case - Published: 2019-08-06 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/scotus-decision-in-state-versus-mitchell/ - Categories: OUI / DUI / DWI In a recent blog post, we discussed the process of figuring out just what, exactly, the Supreme Court decided in State v. Mitchell. That case, as we detailed long ago, made it to the Supreme Court as a fascinating question in implied consent law. The Court, however, turned it into a Fourth Amendment case. Both this change in topics and the outcome of the case make State v. Mitchell one of the most disturbing operating under the influence (OUI) cases on the law books. Supreme Court: Police Can Draw Blood from OUI Suspects Without a Warrant While the ruling ended with the Justices divided 4-1-4, the outcome of State v. Mitchell was a harsh ruling for OUI suspects everywhere: Police will likely not need to get a warrant before they request a blood sample from an OUI suspect who is unconscious, and as such, unable to consent. The decision strikes a blow against the privacy expectations that OUI suspects should have been able to depend upon: By saying that police don't need a warrant to take a blood sample when the suspect is unconscious cannot consent, the Supreme Court brushed aside by far the strongest expectation of privacy that drivers have. In addition, in the future, we can expect the police to be far more aggressive in their OUI investigations. Now that they know the requirement to obtain a warrant before demanding a blood draw is weakened, we can expect them to use this invasive search far more often than... --- ### Woman Takes Husband's Guns After Restraining Order Didn't - Published: 2019-08-05 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/woman-takes-guns-after-restraining-order-did-not/ - Categories: Domestic Violence, Weapons Charges A woman in Florida has been accused of taking matters into her own hands and removing her husband's guns after a domestic violence altercation. The incident highlights how different states handle firearm ownership after a domestic violence arrest. Woman Charged for Bringing Husband's Guns to Police After Domestic Violence Situation The woman and her husband were in the middle of a contentious divorce. After a hearing at the divorce court, the husband followed her home and rammed into her car, forcing her off the roadway. The husband was arrested on a domestic aggravated battery charge, a more serious version of Maine's domestic violence assault offense. He was put in jail and she was awarded a temporary restraining order against him. The terms of that restraining order required him to surrender his firearms under federal law. While he was in jail, she went to his apartment and took his handgun and assault rifle. The next day, she tried turning them into the local police station. The police there, though, accused her of breaking into her husband's apartment and stealing his things. They arrested her for armed burglary and two counts of grand theft. In the end, the woman was in jail for longer than her husband, something that has aggravated advocates for domestic violence victims. Federal Gun Laws and Local Law Enforcement One of the key issues in the situation has been the discrepancy between what federal law requires after a restraining order involving domestic violence, and the ability of local... --- ### Maine Traffic Stop Finds Drugs and Sounds Eerily Similar to Stop Outlawed by Supreme Court - Published: 2019-08-04 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/traffic-stop-possibly-violates-fourth-amendment-rights/ - Categories: Drug Possession, Drug Trafficking, OUI / DUI / DWI A recent traffic stop in Maine bears a sharp resemblance to a traffic stop that the Supreme Court of the United States had decided was a violation of the Fourth Amendment. The case bears particular relevance for police investigations for operating under the influence (OUI) in Maine. Pretextual Stop Leads to Drug-Sniffing Dog and Cocaine In the morning of August 1, police in Unity saw a car on School Street that did not have a front license plate. They initiated a traffic stop based on the violation. But instead of just giving the driver a warning or even giving her a ticket for not having a front license plate, the police called in a drug-sniffing dog to investigate. The dog alerted on the car and the police searched it. Inside, they found: 70 grams of crack cocaine What they thought was heroin in hypodermic needles $1,000 in cash Prescription medication Extra hypodermic needles They charged the 28-year-old driver with driving with an expired registration. The 49-year-old passenger was charged with aggravated drug trafficking. Case Resembles Traffic Stop Outlawed by Supreme Court While there are some crucial facts missing, the case has some distinct similarities to a traffic stop that made its way to the Supreme Court of the United States in 2015. That case, Rodriguez v. United States, also involved a traffic stop for a minor driving violation – driving on the shoulder for a couple of seconds. In Rodriguez, the police officer collected the license and registration from the... --- ### Police Clearance Rates and How Shoplifting Can Influence the Numbers - Published: 2019-08-02 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/police-clearance-rates-and-shoplifting-statistics/ - Categories: Shoplifting A general overview of the crime statistics in Maine paints an interesting picture of law enforcement throughout the state. A key takeaway of those statistics, though, is that shoplifting is especially likely to end in an arrest and prosecution. The reason is simple: police have help from store owners who are actively motivated in pursuing and deterring shoplifters. Report Looks at Criminal Clearance Rates in Maine A recent article in The Ellsworth American looked at a report released in October 2018 by Maine's Department of Public Safety. That report analyzed crimes in Maine that occurred during 2017. The Ellsworth American's article focused on clearance rates in Maine – the percentage of crimes that police identify, arrest, and have enough evidence to charge a suspect for the offense. While the overall clearance rate in Maine was 36% in 2017, and the national average clearance rate was 23%, the newspaper touted Hancock County's impressive 60% clearance rate. However, there are plenty of reasons to be less than astounded at Hancock County's policing. Chief among them are the types of crimes that its police and prosecutors have cleared. Some crimes, like assault, are difficult to solve and close because they happen so quickly and often have few reliable witnesses. Others, like shoplifting, are far easier to move from the pending pile into the list of cases that have been cleared. Shoplifting Cases are Easier to Solve Because Shop Owners Actively Assist Ellsworth Police Department Chief Glenn Moshier openly admitted that Ellsworth and Hancock... --- ### Maine Woman Charged as Accomplice to Sex Assault of Child - Published: 2019-08-01 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/woman-charged-as-accomplice-to-sex-assault-of-child/ - Categories: Sex Crimes Two Mainers are facing charges of raping a minor in an incident that apparently involved a child under the age of 12. One of the adults charged faces criminal charges as an accomplice to the sex offense. Those charges are a stark example of how people can be charged with multiple sex crimes without ever touching the alleged victim. Sex Crime Charges Against Two Mainers in Incident Involving a Child Details on the case are sketchy, but news reports indicate that an unrelated man from Bethel and a woman from Sabattus, Maine, are being accused of a handful of sex crimes for an incident in Rumford involving a girl under 12. Evidence from the incident is reportedly being turned over to the Maine State Police Computer Crimes Task Force. This suggests that either someone had taken pictures or video of the incident or arrangements had been made between the defendants and the minor online. The man is facing the following criminal charges: Two counts of gross sexual assault Sexual misconduct with a child Sexual exploitation of a minor Patronizing the prostitution of a minor. The woman is being charged with: Accomplice liability to a gross sexual assault Sexual exploitation of a minor Aggravated sex trafficking. How Accomplice Charges Can Work in Sex Crime Cases Accomplice liability is a complicated aspect of criminal law in Maine. Accomplices can, quite literally, be convicted of criminal charges for things that they did not actually do. All that accomplices have to do is be... --- ### Shoplifting Investigation Leads to Criminal Charges for 19-Year-Old Mainer - Published: 2019-07-25 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/shoplifting-investigation-leads-to-criminal-charges/ - Categories: Shoplifting A report of shoplifting has snowballed into far more severe criminal allegations for a teenager in Aroostook County. Now he is being charged with drug possession and other offenses related to his arrest. Because the suspect is 19 and seems to have a mark on his criminal background, the repercussions of the arrest and additional charges are even more serious. Shoplifting Investigation Leads to Arrest The manager of a convenience store in Mars Hill, Maine, near the border with Canada, called the police to report a suspected shoplifter on June 27, 2019. According to the manager, the customer entered the store, put multiple items from the store into his pockets and then casually left without paying. As a part of the shoplifting investigation, a deputy sheriff watched surveillance footage from inside the store. Later that same day, the same deputy sheriff saw someone who looked similar to the person in the surveillance video. When the deputy sheriff approached him, he ran. When police caught up to him and made an arrest, they found that he had methamphetamine and other drugs with him. Numerous Charges Filed Against Suspect The arrest led to numerous charges, including: Possession of a controlled substance; Evading police; and Theft from the original shoplifting allegation. Additionally, the 19-year-old was charged with a probation violation from an earlier offense. While it is unclear what the earlier offense was, there is a significant chance that it was for a juvenile offense – the suspect was 19 at the time... --- ### Charges Against Maine Deputy Grow - Published: 2019-07-24 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/charges-against-deputy-grow/ - Categories: Domestic Violence A sheriff's deputy in Maine is being accused of a host of criminal offenses after an investigation was triggered by a domestic violence report involving his live-in girlfriend. The criminal charges have continued to grow with sentencing enhancements and other related offenses. Maine Police Deputy Accused of Domestic Violence The deputy had been on the force in Sagadahoc County since 2006 and had only faced one disciplinary proceeding in the past. However, his live-in girlfriend told a friend that she was being abused at home and the friend reported it to the police on June 26. The Sagadahoc County Sheriff referred the issue to the Cumberland County District Attorney's Office so they wouldn't have to investigate one of their own officers. That investigation wrapped up on July 11 and ended with an arrest and multiple criminal charges related to a domestic violence incident. The breadth of those criminal charges and the sentencing enhancements that came with some of them showcase how quickly the criminal justice system can snowball against a defendant. Multiple Charges Stem from a Single Altercation in Maine While the details are still fuzzy, the sheriff deputy's live-in girlfriend claims she was the victim of domestic violence in one altercation on June 23. This altercation allegedly happened in their home in West Bath. According to the complainant, she was assaulted by the deputy. This led the prosecutor to file a misdemeanor charge of domestic violence assault. However, the complainant also claimed that she was choked during the altercation.... --- ### Counting Votes in the Supreme Court's Latest OUI Decision - Published: 2019-07-23 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/scotus-decision-on-latest-oui-case/ - Categories: OUI / DUI / DWI A major case involving implied consent laws and the law of operating under the influence (OUI) recently reached the U. S. Supreme Court. The Supreme Court's opinion was released on June 27 and immediately presented an uncommon challenge to the legal community: Determining what, if anything, the Supreme Court actually said. Supreme Court Hears OUI Case We've blogged before about the case that the Supreme Court heard – State v. Mitchell. In this case, a driver was arrested on suspicion of drunk driving, but he passed out before an accurate breath test could be performed. The police took him to the hospital and requested a blood test without his consent and without a warrant. Based on the results of the blood test, the driver was charged with OUI. He moved to suppress the evidence, claiming it violated his Fourth Amendment rights. The court decisions on that argument led to appeals that got all the way to the Supreme Court of the United States. Supreme Court Splits 4-1-4 The Supreme Court accepted the case to decide whether it violated the Fourth Amendment to conduct a warrantless blood test on an unconscious driver. However, the nine justices failed to reach a majority opinion. Instead, they fell into a 4-1-4 split. Four justices – Alito, Roberts, Breyer, and Kavanaugh – joined one opinion that said one of the exceptions to the warrant requirement, the one allowing a search for evidence under exigent circumstances, “almost always permits a blood test without a warrant. ”... --- ### Drug Store Theft in Portland Raises Addiction Defense Discussion - Published: 2019-07-22 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/drug-store-theft-raises-addiction-as-a-defense-discussion/ - Categories: Shoplifting A man allegedly stole drugs from a pharmacy in Portland, reigniting the discussion about whether addiction should be treated as a defense or mitigating factor in a subsequent criminal case. Man Steals Drugs from Portland Pharmacy According to a story in the Portland Press Herald, a man entered the Rite Aid at 290 Congress Street at 4 pm on Sunday, July 14, 2019. He approached the counter in the pharmacy section of the store, handed the clerk a note demanding certain drugs. When he received them, he fled the store. The store would not disclose the type of drugs the man received, or how much he took. The Difference Between a Robbery and a Theft A preliminary note to the story was that the Press Herald referred to the incident as a “robbery,” which does not seem to be accurate. Robberies involve taking someone's property through the use of force or the threat of force. A theft, on the other hand, only involves taking the property – there is no force involved. Unless the note the man allegedly handed to the clerk had a threat – something to the effect of “give me the drugs, I have a gun” – this would be a theft, not a robbery. The Movement Towards an Addiction Defense We discussed the addiction defense long ago on our blog. The gist of an addiction defense is that criminal conduct – like this alleged theft – should be punished less severely when the defendant did it... --- ### Sex Crime Charges Against Kevin Spacey Dropped: What This Says About the #MeToo Movement - Published: 2019-07-19 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/charges-dropped-in-kevin-spacey-case/ - Categories: Sex Crimes The sex offense charges against Kevin Spacey have been dropped after the actor's accuser invoked his Fifth Amendment right against self-incrimination. The accuser invoked his rights after it became clear that he destroyed evidence to make it sound like he'd been groped by Spacey in a Nantucket bar. The outcome of the case deals a sharp blow to the #MeToo movement – it shows the movement towards holding powerful men accountable can easily be abused by people who want to use it for their own gain. Indecent Assault and Battery Charges Against Kevin Spacey Dropped We detailed the legal battle over the accuser's cell phone earlier in our blog. In short, an 18-year-old busboy at a Nantucket bar claimed that Kevin Spacey groped him in July 2016. Text messages from the accuser to his friends formed key pieces of evidence against Spacey. Spacey's lawyers, however, noticed that there were gaps in the texts and wanted to see all of the texts that were sent that night. The accuser, however, suddenly claimed that the phone had gone missing. Most recently, the accuser was warned that he could face a felony offense of tampering with evidence if it was found that he had destroyed the cellphone or edited the text messages. So the accuser invoked his Fifth Amendment rights and refused to cooperate any further. Without the accuser and with the text message evidence tainted, the prosecutor recognized that the case against Spacey had become exceptionally weak. The only way the case... --- ### Jeffrey Epstein's Two Sex Offense Cases Have Been Described Completely Differently in the News - Published: 2019-07-16 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/how-media-is-treating-jeffrey-epstein-case/ - Categories: Sex Crimes There's a certain satisfaction watching a rich man get indicted on serious criminal charges that he seemed to think his money could prevent. That feeling is very much in play in the case of Jeffrey Epstein, the multimillionaire who is now facing another round of severe charges for sex offenses after receiving a very favorable plea deal during his last run-in with the law for similar allegations. However, there is always the danger that those feelings get inflamed beyond what is justified – often by media outlets that benefit from sensationalizing stories to make them bigger than they really are. It's possible that this is what's going on, in the Epstein case. Jeffrey Epstein's Second Sex Offense Case: A Brief History Jeffrey Epstein is an investment banker and a financier who manages other peoples' money. He was a limited partner at the huge bank Bear Stearns before leaving to start his own company. From 2005 through 2008, Epstein was under federal investigation for soliciting prostitutes, including underage girls. Given the circumstances and evidence against Epstein, he was given a now-infamously cushy plea deal by Alexander Acosta, then the U. S. Attorney for the Southern District of Florida, and who up until recently was the Department of Labor in the Trump Administration. On July 6, 2019, Epstein was arrested. Once again, he was accused of paying for sexual acts from girls, many of whom were underage. However, even though the alleged conduct had not changed much between 2005 and 2019, the... --- ### No Charges Filed After Police Threaten to Kill Shoplifting Suspects - Published: 2019-07-15 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/police-threaten-to-shoot-alleged-shoplifter-in-phoenix/ - Categories: Criminal Defense An alleged shoplifting incident out of Phoenix that led to a chilling video of police brutality that went viral has drawn the ire of city officials. In the end, despite insistence that their response was justified, police did not file shoplifting charges. Police Threaten to Kill Shoplifter in Phoenix On May 27, 2019, police responded to an alleged shoplifting incident at a Family Dollar store in Phoenix. While there, the clerk told them that there had been another suspected shoplifting incident – he thought that a young girl had taken a doll from the store – and police stormed out. They caught up with the shoplifting suspects in the parking lot of a nearby apartment complex. What happened next escalated so quickly that several people in the complex found it necessary to record it on their cell phones. Those videos, which quickly went viral on the internet, show police officers, with guns drawn, yelling and swearing at a young black family with children aged 1 and 4. The police officers repeatedly threatened to shoot the suspects if they do not comply with police commands; all while making exceptionally forceful arrests. Backlash, Police Excuses, and No Shoplifting Charges The viral video quickly produced a backlash from nearly all corners, from Black Lives Matter activists to the Arizona mayor. The police chief, however, issued what could only be called an excuse-laden apology. She said that “at the end of the day, there was more to this story” than just the viral video... --- ### Distant Relatives and Domestic Violence in Shirley Shooting - Published: 2019-07-13 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/distant-relatives-and-domestic-violence-charges/ - Categories: Domestic Violence - Tags: domestic violence A man from Bath is being accused of attempted murder and a host of other charges for apparently trying to shoot and kill a distant relative in Shirley, Maine. While the relationship between the two was distant, some of the charges could have amounted to charges of domestic violence if the facts of the case were only slightly different. Man Arrested and Accused of Attempted Murder According to the police and initial reports, a 24-year-old Bath native shot and hit a 29-year-old woman from Shirley. The two are in-laws. Police say that the incident happened at the alleged victim's workplace, a local farm and garden store. They say the 24-year-old man planned the attack and that he waited in the horse barn for the woman to enter. Once she came inside, police say he shot her and fled the scene. He then led police on a car chase that ended in a crash in Albion. He was not hurt in the crash and was taken into custody. The woman who was shot is recovering with non-life-threatening injuries. The man is being charged with a host of offenses, including: Attempted murder Aggravated assault Reckless conduct with a dangerous weapon Eluding police Distant Relatives and Domestic Violence The situation toes the edge of Maine's domestic violence law, which prohibits certain kinds of criminal conduct against “family and household members. ” Maine Statute 19-A § 4002(4) outlines what constitutes a “family and household member. ” While the law covers certain relationships that one... --- ### Portland Slow to Opt Into Maine's Recreational Marijuana Business Law - Published: 2019-07-12 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/portland-slow-to-opt-in-recreational-marijuana-business-law/ - Categories: OUI / DUI / DWI New developments in Maine's slowly-developing recreational marijuana law have shifted the impetus from the state to local governments. While there is still plenty of time to act, the city of Portland has been surprisingly slow on the uptake. Governor Signs New Recreational Marijuana Bill When Maine voters chose to make recreational marijuana legal back in 2016 – extending the approved use of the drug from merely medicinal – there was an expectation that it would change the state's drug laws immediately. That has not been the case, though, both because the former Governor Paul LePage put up resistance and because state lawmakers have struggled to put together the rules that would dictate how recreational marijuana could be sold and used. In late June, however, current Governor Janet Mills signed a bill that lays out the regulations for the sale of recreational marijuana to adults. It becomes effective in September and gives the Office of Marijuana Policy 60 days to finalize the regulations that will govern how marijuana can be used, sold, and grown in the state. After that, the state has to begin accepting applications to grow and sell marijuana within 30 days. This clears the way for recreational marijuana use in Maine for early 2020. Municipalities Slowly Opting into Maine's Recreational Marijuana Program An important part of the new bill is that municipalities in Maine have to opt into the program to allow recreational marijuana businesses to open inside their jurisdiction. In all, there are 488 municipalities in the... --- ### Saco Man Pleads Guilty, But Is Still Sentenced Nearly Two Years After Alleged Federal Offense - Published: 2019-07-10 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/saco-man-pleads-guilty-to-possessing-an-unregistered-explosive-device/ - Categories: Domestic Violence A Saco man was recently sentenced in federal court on one count of possession of an unregistered explosive device, seven months after he was arrested for trying to sell what prosecutors claimed was a bomb to an undercover police officer. The timeline of events illustrates one of the most important practical differences between state and federal charges: Federal charges take far longer to work through the justice system. Saco Man Arrested for Trying to Sell Bomb The 23-year-old man from Saco was originally arrested back on December 12, 2018. According to the police at the Saco Police Department, on July 10, 2017, officers received a tip from someone in the area who claimed that the young man had tried selling him an explosive device. The next day, an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – a federal agency in the U. S. Department of Justice – reached out to the young man about the device. The two met two days later, on July 13, 2017. The Saco man offered to sell what he apparently called a “military grade” improvised explosive device for $350. According to police, after negotiations, the two agreed to a $200 sale. The device was a small metal container filled with 26 pennies, magnets, three soda can tabs, a pendant, and an unknown powder. An analysis at the ATF decided that the device met the federal definition of an explosive device. It was not until a year-and-a-half later that the arrest... --- ### Biddeford Defendants Plead Guilty to Sex Trafficking Charges After Federal Investigation - Published: 2019-07-08 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/biddleford-defendants-plead-guilty-to-sex-trafficking/ - Categories: Criminal Defense Two Biddeford natives are in the sentencing stages of a federal sex trafficking case. Both have pleaded guilty to the charges, though one appears to have cooperated with prosecutors in order to receive a better deal. The allegations highlight the extent of the federal government's resources and illustrate just how networking between different federal agencies can lead to evidence for serious federal charges. Mother and Son Accused of Sex Trafficking and Promoting Prostitution According to the court records, a 23-year-old native of Biddeford connected with a 15-year-old girl online. The next day, they went to a house in Bangor where it was decided that the girl would make money by providing sexual favors. The Biddeford man paid for a hotel room in Bangor where the 15-year-old and another adult woman met multiple clients. The 15-year-old paid the Biddeford man one-third of the money. The Biddeford man drove the 15-year-old girl to another motel in Scarborough, which was paid for by the man's mother. The 15-year-old used the Scarborough motel for more sexual acts and communicated with the man's mother via text message. The Biddeford man was arrested in August 2018 and pleaded guilty to sex trafficking of a minor in January 2019. His mother was charged with conspiracy to commit sex trafficking but pleaded guilty to the lesser offense of using a facility of interstate commerce with the intent to promote prostitution in March 2019. According to the Department of Justice, the investigations and arrests were done by the Anti-Trafficking... --- ### Heightened Enforcement Period Around July 4 for Boating Under the Influence - Published: 2019-07-05 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/boating-under-the-influence-crackdown/ - Categories: Fish, Game, Boating & ATV Together with local police departments along the coast of Maine, the U. S. Coast Guard has announced a “heightened enforcement” period for its campaign against boating under the influence (BUI), Operation Dry Water. The heightened enforcement period comes on the weekend following July 4 and aims to keep the waterways of Maine safe from intoxicated boaters. However, the pressure these initiatives can put on rank-and-file officers can lead to innocent people getting arrested and charged for operating under the influence (OUI), all so the police can pad their arrest numbers and claim the campaign is a success. The Coast Guard's Operation Dry Water Operation Dry Water is billed as an outreach and awareness campaign by the National Association of State Boating Law Administrators (NASBLA), the U. S. Coast Guard, and participating local law enforcement agencies. The goal is to decrease the number of alcohol-related deaths that happen on the country's waterways – something they claim is the leading factor in recreational boater deaths. According to the Coast Guard's figures, the number of fatalities since the inauguration of Operation Dry Water in 2009 has fallen from 736 to 658 in 2017. However, those figures also show that, in the same amount of time, there have been around one million fewer recreational boat registrations in the U. S. National and Local Agencies Behind the Initiative Betray Enforcement Goals While the campaign stresses its interest in education, awareness, and deterrence, the latter goal seems to be the focus of the campaign and stresses... --- ### Maine News Report of Unlawful Sexual Contact Arrest Fails on All Fronts - Published: 2019-06-30 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/news-outlets-know-little-about-sex-crimes-when-reporting-stories/ - Categories: Sex Crimes A man in Farmington, Maine, has been accused of having unlawful sexual contact with an underage girl. The way the media reported the story, however, shows how little news organizations understand the complexities and nuances of sex crimes in Maine. Man Arrested for Sexually Abusing Teenager A Farmington man was arrested on June 26, 2019, for allegedly sexually abusing an underage girl. News reports indicate that she was “under age 16. ” According to the police, the Maine Department of Health and Human Services received a tip that the girl was abused multiple times by the man during the summer of 2018. They investigated the tip, referred their investigation to the police, and the police arrested the 42-year-old suspect. He is now being charged with what news outlets are describing as a “felony charge” of unlawful sexual contact, as well as a “misdemeanor charge of the same. ” News Report Illustrates the Unreliability of Media for Criminal Charges There are several problems with how the media has reported this particular incident, offering a valuable example of a trend in beat reporting. There Are No Felonies or Misdemeanors in Maine First, and least importantly, Maine doesn't use the misdemeanor and felony classifications for crimes. Instead, it classifies crimes by letter – from Class A crimes, which are the most severe, to Class E crimes, which are the least severe. Classes A through C are what other states would consider to be a “felony” – criminal offenses that can carry more than... --- ### Maine Stabbing Illustrates Fetal Homicide Laws and Domestic Violence Limits > A Maine stabbing highlights fetal homicide laws and domestic violence limits. The Maine Criminal Defense Group provides expert legal defense. - Published: 2019-06-28 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maine-fetal-homicide-laws-and-domestic-violence/ - Categories: Domestic Violence - Tags: domestic violence An argument on social media between couples turned into a physical altercation that ended with a pregnant woman getting stabbed. While the charges being levied against the defendant are steep – and would likely have been more severe if the incident happened outside of Maine – they are not going to be domestic violence offenses because the alleged victim and assailant are not related closely enough to each other. Pregnant Woman Stabbed During Dispute in Maine Based on the initial reports, the incident all happened over the course of several hours on June 23, 2019, in Parsonsfield, Maine. Two couples – one couple was married, the other couple was engaged to be married – got into an argument on social media. Threats were made in the arguments and they all decided to meet in person at a local store. There, the arguments continued and eventually turned into a physical fight between the two men. Apparently, when the fiancée of one of the men intervened, the pregnant wife of the other man started to fight with her. As the fiancée and the pregnant wife tussled, the fiancée pulled out a knife and stabbed the pregnant woman in the abdomen. The pregnant woman was rushed to the hospital, and her condition is unknown. The fiancée was arrested and charged with elevated aggravated assault. Her next court date is in mid-October. Fetal Homicide Laws in Maine Murders, or homicides, are defined as intentional killings “of another human being. ” Fetal homicide laws are... --- ### Mistakes Made Behind the Scenes at the DMV Impacted Fatal New Hampshire Crash - Published: 2019-06-26 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/dmv-mistake-proves-deadly/ - Categories: Criminal Defense As news is unveiled about the devastating accident in New Hampshire that killed seven motorcyclists and hurt three others, an interesting element of the law of operating under the influence (OUI) is being thrust into the limelight: how states communicate with each other about driving infractions and license suspensions. Seven Motorcyclists Killed in New Hampshire Crash On June 21, 2019, a pickup truck pulling a trailer is said to have crossed the yellow line and into the path of a group of motorcyclists. The crash in Randolph, New Hampshire killed seven of the bikers and injured three more. Three days later, the driver of the pickup truck was arrested at his home in West Springfield, Massachusetts. He was charged with seven counts of negligent homicide after being accused of driving erratically. As his case has progressed, evidence of the driver's past traffic violations has come to light. Among them was an incident on the morning of May 11, 2019, in Connecticut, just over a month before the accident in New Hampshire. The driver was seen “revving his truck engine and jumping around outside the vehicle” in a Wal-Mart parking lot. Suspecting drug use, police asked him to do a breathalyzer, but he refused. He then failed field sobriety tests and was charged with OUI. Mix-Up in State Driving Databases Leaves License Unsuspended Because the OUI in Connecticut involved a refusal to take a breathalyzer test, the driver's license was supposed to be suspended under the state's implied consent law effective... --- ### Kevin Spacey's Sex Crime Case Turns into Legal Fight for Accuser's Cellphone - Published: 2019-06-25 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/kevin-spacey-case-turns-into-fight-over-cell-phone/ - Categories: Sex Crimes Defense lawyers in Kevin Spacey's sex crime trial have been struggling to get access to the accuser's cellphone, which may contain evidence that would undermine the prosecutor's case against the actor. Kevin Spacey Accused of Indecent Assault and Battery The actor Kevin Spacey, most recently famous for his role as Frank Underwood in the Netflix political thriller House of Cards, is facing a criminal charge of indecent assault and battery – a felony-level offense – in Massachusetts. Mr. Spacey allegedly stuck his hand inside the pants of an 18-year-old boy, who happened to be the son of a former news anchor in Boston. The incident was said to have happened in July 2016 at a restaurant on Nantucket. Mr. Spacey has denied the charges and pled not guilty to the offense. Spacey Accusations Turn into Legal Fight for Accuser's Cellphone The prosecutor has presented evidence of the offense in the form of text messages that the accuser sent to his girlfriend and other close friends on the night of the alleged incident. However, the accuser had only provided screen grabs of those texts, not the texts, themselves. Defense lawyers say that there are signs that the screen grabs were doctored, other texts were missing from the screen grabs, and some were even outright deleted. The lawyers filed a motion to get access to the phone, itself, to examine the texts and the context surrounding them. According to the motion, one of the missing texts included the accuser's statement that “Kevin... --- ### Stetson Man Arrested for Sexual Assault and Murder from 1986 - Published: 2019-06-24 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/stetson-man-arrested-for-crime-committed-in-1986/ - Categories: Sex Crimes A Maine man has been arrested and charged in connection with a murder and sex assault from 1986 in southern Connecticut. Statutes of limitations for criminal charges often have exceptions for certain types of crimes, with murder and sex offenses being some of the most common categories of excluded offenses. Maine Man Arrested for 1986 Murder and Sexual Assault in Connecticut On June 12, 2019, Maine police arrested a Stetson man in connection with the murder and sexual assault of an 11-year-old girl in Norwalk, Connecticut – an incident that had happened in 1986. Locals in Stetson, a town outside of Bangor, had known that the suspect was a lifetime registrant on Maine's sex offender registry. However, that registration was a part of a sexual assault conviction in Connecticut in 1989. It was exacerbated by four other sexual assaults and kidnappings in Connecticut in the late 1980s. If convicted of the new charges, it is likely to lead to a substantial prison sentence. Statute of Limitations for Criminal Charges Each state and the federal government has its own statute of limitations for criminal charges. These statutes force prosecutors to bring criminal charges within a set amount of time after an alleged criminal activity. Once the statute of limitations has expired, no charge can be filed. These rules exist to allow suspects to move on with their lives without fear of facing prosecution after a certain amount of time and to ensure that the evidence against them would be fresh and... --- ### Why Murder and Manslaughter Aren't Domestic Violence Crimes in Maine > The criminal defense team at Maine Criminal Defense Group strives to represent people who have been accused of domestic violence in Maine. - Published: 2019-06-20 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/why-murder-and-manslaughter-arent-domestic-violence-crimes-in-maine/ - Categories: Domestic Violence - Tags: domestic violence Some criminal charges can become allegations of domestic violence if they are done to certain groups of people, like spouses, children, partners, exes, and roommates. Not all offenses, though, will be considered as domestic violence just because they are done to the latter. Offenses like manslaughter or murder are not forms of domestic violence, even when the victim qualifies. Some people are surprised by this aspect of Maine's domestic violence law. In their eyes, murder and manslaughter are the most severe crimes on the books and can be committed against family members, so there is no reason why they shouldn't lead to domestic violence charges. Here's why the law has it right. What a Domestic Violence Charge Adds to the Criminal Process When an underlying criminal offense like assault is committed against a family or household member, it becomes domestic violence assault. The difference is significant for a lot of reasons: Prior convictions for domestic violence can elevate the potential penalties differently than if it was a standard assault charge; A conviction for the charge will include more extensive probation and a rehabilitative course; No contact and restraining orders will likely be filed; and A conviction leads to a federal prohibition from owning or using firearms. The Goal of These Additional Consequences: Protect the Victim In theory, at least, everything in criminal law has a purpose. When it comes to domestic violence law, some of the additional penalties and consequences that are on the table for a conviction are designed... --- ### Ex-Governor LePage to Work as Bartender in Boothbay Harbor - Published: 2019-06-17 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/former-governor-to-become-a-bartender/ - Categories: OUI / DUI / DWI Maine's departed governor, Paul LePage, has found a new job: he will be serving as a bartender at a restaurant in Boothbay Harbor. The position makes him vulnerable to one of the most overlooked aspects of Maine's law against operating under the influence (OUI): dram shop liability. Ex-Governor LePage to Tend Bar in Boothbay Harbor Maine's most recent governor, Paul LePage, was term-limited out of the governor's office in 2018. While most politicians can quickly get jobs consulting or lobbying, Mr. LePage took a different course: he'll be working as a bartender at McSeagull's Restaurant in Boothbay Harbor, Maine, alongside his wife, Ann. This new position brings to light an often overlooked aspect of OUI in Maine: the Dram Shop Law. The Role of Dram Shop Laws in OUI Cases When someone gets pulled over, arrested, and charged with OUI, most of the attention is paid to the criminal process. The focus is for a good reason – the accused faces fines, potentially even jail time, and a lengthy suspension of a driver's license. However, if the OUI arrest came from a car crash that hurt or killed someone, there exists the very real possibility that there will be a civil lawsuit filed by the hurt driver or his or her family against whoever served the OUI suspect alcohol. The law that allows these civil lawsuits is Maine's dram shop act, named after the antiquated word for a liquor store or tavern. This law, found at 28-A Maine Revised Code... --- ### Costco's Shoplifting Rates Well Below Average - Published: 2019-06-11 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/costco-averages-low-shoplifting-rates/ - Categories: Shoplifting Shoplifting is not the same in every store. Different store layouts and even the number of workers on the floor can all impact the amount of merchandise that walks off the shelves in a given year. However, new figures suggest that one of the leaders in preventing shoplifting is Costco, and not by a small margin. The reasons for their ability to reduce shoplifting are far from surprising. Statistics Say Shoplifting Rarely Happens at Costco A recent article in Barron's found that Costco was the retail industry's leader in keeping “shrinkage rates” low. A store's shrinkage rate is a catchall term for merchandise that has been lost to either: Shoplifting Cashier error Employee theft, or Damage to merchandise According to the article, Costco's shrinkage rate is an estimated 0. 11% or 0. 12% of its sales. This puts Costco's shrinkage rate at a tenth of even the bottom range of the retail industry's average of between one and two percent. Several Factors at Play in Costco's Deterrence of Shoplifting While shoplifting is just one aspect of a store's shrinkage rate, it is usually the biggest piece of the pie. Industry experts think that Costco's low shrinkage rate boils down to its store setup and even how it treats its employees. Perhaps most importantly, Costco is infamous for putting a store employee at the exit to check the receipts of departing customers. While many shoppers experience their receipt check as a formality, the staffers are given the discretion to look more... --- ### Judge Splits Murder Trials of Domestic Violence Co-Defendants - Published: 2019-06-07 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/judge-splits-murder-trials-of-codefendants/ - Categories: Domestic Violence - Tags: domestic violence A Maine court has decided to split the domestic violence murder trials against a mother and a father for their roles in the death of their daughter. Here's why it matters, and why split trials for co-defendants is important. Mother and Father Accused of Murdering Daughter in Domestic Violence Scenario According to court documents, back on February 25, 2018, Julio Carrillo made a 911 call to report his 10-year-old stepdaughter, Marissa, was bleeding and barely breathing. At the hospital, the girl died. Julio and his wife, Sharon, both admitted to abusing Marissa daily and then trying to make her death look like an accident. They were both arrested and charged with murder. Since then, though, Ms. Carrillo has claimed that she was also being abused by Mr. Carrillo and that he coerced her into admitting a role in their daughter's death. Ms. Carrillo's defense attorney says that she suffers from intellectual disabilities that make her “particularly susceptible to control and influence in domestic violence situations. ” Co-defendants in Criminal Trials Because both husband and wife were on trial for criminal charges stemming from the same event, they're called co-defendants. Typically, co-defendants are put on trial together because it's far more efficient for courts. In such a joint trial, prosecutors present evidence against both co-defendants in an attempt to show that there are no reasonable doubts that they both committed the charged crime. Things get tricky, though, if one co-defendant raises the defense that they were not the one who committed... --- ### Local News Story Makes a Mess of Maine's Drugged Driving Law - Published: 2019-06-03 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/misleading-news-station-coverage-of-drugged-drivers/ - Categories: OUI / DUI / DWI A local Maine news station recently released a feature story about drugged driving in the state. While the story reveals some important information, the vast majority of it – including its key takeaway – is misleading or flat out wrong. Local News Station Runs Story on Drugged Driving in Maine WMTW8, a local news station in Maine that is based in Portland, ran a story that supposedly answered the question, “What Substances are Most Commonly Impairing Mainers on the Road? ” The point of the story was simple: In cases of operating under the influence (OUI) that did not involve alcohol, which drug was in play? The story revealed a litany of what it presented as explosive facts: When a driver is over the legal limit for alcohol, he or she isn't even tested for drugs. While 7,538 people were arrested for OUI in 2018, there were only 311 urine tests for drugs. Those 311 urine tests were down from 401 in 2017, due to a 7-month backlog in testing the urine samples. Those tests found that people were often under the influence of multiple drugs, providing a laundry list of the drugs found in the urine tests, from cocaine to fentanyl to THC to anxiety medication. The moral of the story: Drugged drivers “could be next to you on the road. ” The problem of the story: It fails to comprehend even the basics of how drugs work or how they're detected. Most of the Story is Misleading or... --- ### The Power of the Exclusionary Rule: Mr. Kraft's Solicitation Case - Published: 2019-06-03 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/the-power-of-the-exclusionary-rule-mr-krafts-solicitation-case/ - Categories: Exclusionary Rule, Sex Crimes It's not every day that a major criminal case plays out on national news and involves a criminal defense lawyer successfully challenging the admissibility of damaging evidence held by the prosecutor. But that's precisely what has happened in the solicitation charge faced by New England Patriots owner Robert Kraft. The case has provided a valuable lesson on what the exclusionary rule looks like, in real life. Robert Kraft's Defense Lawyers File Motion to Suppress Evidence New England Patriots owner and wealthy businessman Robert Kraft was arrested earlier this year in Florida. He was charged with paying for a sexual act – called “solicitation” in Florida and many other states, but is “engaging a prostitute” in Maine. Chief among the evidence in the prosecutor's file was a video of Mr. Kraft in a Florida massage parlor, receiving a sexual act. That video had been obtained when Florida police executed a “sneak-and-peek” warrant, where they got a judge to sign a search warrant that allowed them to surreptitiously enter the parlor and install surveillance equipment on the inside without telling the owners. These warrants are designed to be used for high-level crimes: Florida police had suspected the massage parlors to be a part of a human trafficking ring. Mr. Kraft's defense lawyers claimed that this warrant – and all of the evidence that it found – violated Mr. Kraft's rights under the Fourth Amendment. They filed a motion to suppress the evidence, arguing that it should be kept out of his trial... --- ### Man Faces Indecent Conduct Charge After Being Found Naked on Hiking Trail - Published: 2019-05-31 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/man-faces-indecent-conduct-charge-after-being-found-naked-on-hiking-trail/ - Categories: Sex Crimes A man in Belfast is being charged with indecent conduct for allegedly exposing himself in public. The incident is a good example of how a defendant's intent can be a big factor in the allegation and whether it is likely to lead to a conviction. Belfast Man Lies Naked on Hiking Trail, Arrested for Indecent Conduct The arrest happened in Belfast, where police say a 64-year-old man was found lying naked on a hiking trail. The police say that he was doing it in the hope that he would be seen by passersby, claiming that this is not the first time he has been arrested for doing this. Police arrested him and are now charging him with indecent conduct. Indecent Conduct Indecent conduct is prohibited by Maine Revised Code 17-A §854. This law has separate rules for what amounts to indecent conduct, depending on whether it happened in a public or a private place. In a public place, indecent exposure involves someone who either engages in a sexual act or who “knowingly exposes genitals under circumstances that in fact are likely to cause affront or alarm. ” Without more, indecent conduct is one of the least severe of Maine's sex crimes. First-time offenses are Class E crimes that carry up to six months in jail and up to $1,000 in fines. The Importance of Intent and the Intoxication Defense One of the most important factors that prosecutors have to prove in order to get a conviction for indecent exposure is... --- ### A Driving Instructor's Employment Plight After Being Accused of a Sex Crime - Published: 2019-05-30 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/a-driving-instructors-employment-plight-after-being-accused-of-a-sex-crime/ - Categories: Sex Crimes A local Maine man has been accused of gross sexual assault and unlawful sexual contact of a child. Both of the accusations are felony-level offenses that carry extensive jail sentences if they end with a conviction. However, the penalties that the accused faces are bound to begin immediately, as he is almost guaranteed to lose his job based on the allegations, alone. Sex Crime Allegations Against Maine Man The man, a native of the town of Mexico, a small community of 2,500 on Route 2 in central Maine, was arrested back in April for allegedly making unwanted sexual contact with a minor. The 60-year-old man works as a driving instructor for a local driving school in Mexico and occasionally helped out as a substitute at the local school district. He had no criminal background at the time of his arrest. While the alleged victim was neither a driving student nor a student in one of the man's classes, he is almost guaranteed to lose both jobs on the weight of the allegations alone. The Immediate Toll of Those Accused of Sex Crimes: Employment Most people focus on the fines and jail time as the consequences of a criminal conviction. However, there are numerous collateral consequences of a conviction as well. This is especially true of felonies and is even worse when the offense has a sexual nature to it. Out of all those collateral consequences, one of the most severe is the effect that a criminal conviction can have on... --- ### What is Maine's Shopkeeper's Privilege Rule? - Published: 2019-05-29 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/what-is-maines-shopkeepers-privilege-rule/ - Categories: Shoplifting An often overlooked but practically important aspect of shoplifting law is the ability of shopkeepers and owners to detain people they suspect of trying to take something from the store without paying for it. This is known as shopkeeper's privilege and occupies a unique place in the law in Maine, between a store owners' right to prevent theft and a patron's due process rights and the right against false imprisonment. Shopkeeper's Privilege in Maine Unlike many other states, which have allowed courts to create and limit a shopkeeper's right to take action against suspected shoplifters, Maine has codified its shopkeeper's privilege into state law. Maine Revised Statute Title 17, § 3521 allows shopkeepers and their workers if they have probable cause to believe that someone is taking property from their store, to detain that person on the premises in a reasonable manner for up to half an hour. Probable Cause Store owners are only allowed to take action under § 3521 if they have “probable cause” to believe that shoplifting is occurring or is about to occur. Unfortunately, what amounts to “probable cause” is notoriously difficult to pin down and largely depends on the circumstances. While a store owner's hunch is rarely enough to support detention under Maine's shopkeeper's privilege law, a hunch plus some other factor may rise to probable cause. Importantly, this means that a shoplifting suspect does not need to have already left the store before the shopkeeper's privilege gives the store owner a right to take... --- ### Diversion Programs for Shoplifting Spread in Maine - Published: 2019-05-24 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/diversion-programs-for-shoplifting-spread-in-maine/ - Categories: Shoplifting Several counties in Maine are experimenting with diversionary programs for shoplifting allegations. While these programs can be enticing to people who have been arrested and charged with shoplifting – especially those who are aware of the serious collateral consequences of being saddled with a shoplifting conviction on their criminal history – they are still not for everyone. What is a Diversion Program? Diversion programs are complicated plea deals that are only available to certain people – often those who have no criminal background yet. While the precise terms of a diversion program vary depending on the underlying offense and even the county where the alleged offense happened, eligible first-time offenders often have to plead guilty to the charges they are facing. In most cases, their sentence is suspended – or delayed – while they complete a litany of requirements that are mandated by the diversion program, like: A probationary period during which they cannot be arrested for anything; Community service; and Educational classes. If the diversion participant fails to complete these requirements in any regard, he or she is shuffled back into the criminal justice system and the case goes straight to sentencing. Maine Counties Offer Diversion Program for Shoplifting Recently, several counties in Maine have created diversion programs for people who have been arrested and charged with their first shoplifting offense. While Penobscot County's diversion program for shoplifters has made the most headlines when it accepted 15 participants into its inaugural edition, Cumberland County has provided a diversion program... --- ### Delving Into the Data: Half of Maine's 2018 Homicides Related to Domestic Violence - Published: 2019-05-21 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/half-of-2018-homicides-related-to-domestic-violence/ - Categories: Domestic Violence - Tags: domestic violence There have been a lot of different trends that data-driven law enforcement techniques have discovered. One of the most important is the fact that the vast majority of murders are done by people who know the victim, rather than by strangers – something that came as a surprise to many members of the public. Now, some recent statistics about the murders that were committed in Maine in 2018 drive the point home: Half of the state's alleged homicides were related to domestic violence. Half of Maine's Homicides Were Allegedly Domestic Violence Situations There were 18 homicides – defined as an intentional killing of someone else – in Maine in 2018. The total was down from 22 in 2017 and was the first time there were fewer than 20 homicides since 2005. Nine of those 18 homicides, though, have been defined as domestic violence – when the alleged perpetrator killed another family member or an intimate partner. Of course, these numbers can change: nearly all of the alleged murderers have lodged not guilty pleas and many of them are likely to take their cases to trial. If the jury acquits them or only finds them guilty on a lesser charge of unintentional killing, like manslaughter, then the number would drop. Breaking Down the Data While nine domestic violence-related homicides is a small number compared to the rest of the nation, it's still worth taking a closer look at the details behind some of the incidents. Out of the nine alleged homicides... --- ### What is a Blood, Breath, or Urine Test in Maine? - Published: 2019-05-15 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/blood-breath-and-urine-oui-tests-maine/ - Categories: OUI / DUI / DWI Operating under the influence (OUI) law in Maine requires drivers in the state to perform a “blood, breath or urine” test whenever lawfully asked by a uniformed police officer. But what exactly is a “blood, breath or urine” test? The OUI defense lawyers at MCD Group explain. Maine's OUI Law Implies Your Consent to Take a Blood, Breath, or Urine Test OUI law now revolves around getting drivers to provide a breath, blood, or urine sample so law enforcement can see how much alcohol is in your blood. A key component in that effort is preventing drivers from refusing to provide those samples. Maine does this through its implied consent law, which attaches a string to everyone's right to drive in Maine: in order to drive, people have to agree beforehand that they will perform a test to determine their blood alcohol content (BAC) if asked. If they then refuse, they can face an automatic license suspension. The terms of that implied consent law are found at Maine Revised Statutes 29-A § 2521, which says that drivers “shall submit to and complete a test to determine alcohol level and the presence of a drug or drug metabolite by analysis of blood, breath or urine” if there is probable cause to believe they are under the influence. What is a Blood, Breath or Urine Test? Police in Maine have a lot of options for testing an OUI suspect for their BAC. They can: Use a portable breathalyzer to get a preliminary... --- ### Company Claims to Have Developed a Breathalyzer for Marijuana - Published: 2019-05-13 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/breathalyzer-device-claims-to-detect-marijuana/ - Categories: OUI / DUI / DWI A company in California has claimed that it has developed a new type of breathalyzer that can detect not just the amount of alcohol on someone's breath, but also THC, as well. Because THC is the hallucinogenic compound in marijuana, the device – if it works – would be a huge development in the law of operating under the influence (OUI) in Maine. Hound Labs Claims to Have Developed a Breathalyzer for Marijuana Hound Labs, a company based in Oakland, California, says that it has come up with a way to detect trace amounts of THC on someone's breath. THC is the hallucinogenic compound in marijuana that could, in theory, make it more difficult to drive a car. However, THC stays in a person's blood for days and in their urine for weeks after the effects of marijuana have worn off, making it useless for determining whether someone is stoned, right now. Because that is the kind of evidence that police need in OUI cases, blood and urine tests that find THC doesn't mean much. However, THC only stays on someone's breath for a few hours after inhalation – basically the same amount of time that marijuana has an impairing effect. According to Hound Labs, their device is able to detect trace amounts of THC on someone's breath – all the way down to 1 picogram, or a trillionth of a gram. They also claim that their portable breathalyzer can detect alcohol on someone's breath at far more precise levels... --- ### Implied Consent Laws Back Before the Supreme Court - Published: 2019-05-10 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/supreme-court-to-hear-implied-consent-case/ - Categories: Sex Crimes The Supreme Court of the United States has accepted another case involving implied consent laws. While operating under the influence (OUI) cases rarely reach even the intermediate appellate level, this will be the second time in the last five years that the Supreme Court has ruled on implied consent laws. Supreme Court Hears New Implied Consent Case The case is State v. Mitchell. Police in Wisconsin got a tip that someone who looked drunk had driven off in a gray van. Later on, police found someone walking on the beach. He admitted to drinking and then driving to the beach, but had parked his car “because he felt he was too drunk to drive. ” Nearby was a gray van. The officers performed a breathalyzer on the suspect. When the results showed a breath alcohol content (BrAC) of 0. 24%, they made an arrest. While on the way to the police station to conduct a more accurate breath test, the suspect fell asleep. Realizing that he could not be woken up and would not be able to perform another breath test, officers brought him to the hospital for a blood draw, instead. One of the officers read the sleeping suspect his rights and told him that he could withdraw his consent. Needless to say, the sleeping suspect did not withdraw his consent. The blood draw revealed a blood alcohol content (BAC) of 0. 222%. The man was charged with OUI and got convicted. Implied Consent Laws Back in the Spotlight... --- ### Can An OUI Affect My Career? - Published: 2019-04-13 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/can-an-oui-affect-my-career/ - Categories: Commercial License, OUI / DUI / DWI Many people operate under the assumption that their business and personal lives are separate, with little to no impact from one on the other. This isn't the case in many situations, however. For example, a conviction for operating a motor vehicle under the influence of alcohol or drugs may have a serious effect on your career. Employer Policies in Maine The professional consequences for a conviction for OUI in Maine will depend on your job and your employer's policies. Many companies view such a conviction as a sign that you are a safety risk when driving or operating equipment and they may not be willing to take that risk. Others are not willing to pay for the increase in their insurance premiums if they employ someone with such convictions. In addition, your driver license will likely be suspended; if your job includes driving, like making deliveries or other similar tasks, you won't be able to perform your duties, and your employer may not be willing to reassign you or hold your job until your license is restored. In Maine, the legal blood alcohol limit is also much lower for a commercial driver license, with 0. 04 percent being enough to result charges. For a first violation, your commercial driving license can be suspended for a year; if you were driving hazardous materials, the suspension increases to three years. A second violation can result in lifetime suspension. Learn More → What Happens to Your CDL in Maine if You Get an... --- ### OUI Refusal: How You Can Refuse a Chemical Test while still Saying Yes - Published: 2019-02-01 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/oui-refusal-how-you-can-refuse-a-chemical-test-while-still-saying-yes/ - Categories: OUI / DUI / DWI A charge and conviction of Operating Under the Influence (OUI) can have significant consequences for anyone who is unfortunate to receive one. Refusing to submit to and comply with a chemical test elevates these consequences even more. The standard way to refuse a chemical test is to just say no when requested by law enforcement, but there are other actions that the Court will recognize as a refusal, even if you say you are willing to take the test. Knowing what constitutes a refusal of a chemical test can mean the difference between freedom and jail. If you are found to have refused to submit to a chemical test and convicted of OUI, you will face potentially harsher consequences and mandatory minimum sentences. A first offense Operating Under the Influence conviction is a Class D misdemeanor, which means the maximum sentence a court could impose would be three hundred sixty four (364) days in jail, and a two thousand dollar fine. The State Legislature has created a mandatory minimum sentence for a first offense OUI, meaning the court must at least impose this minimum if someone is convicted. The mandatory minimum sentence is a five hundred dollar fine, and a license suspension of one hundred fifty (150) days. If you are found to have refused a chemical test, the maximum sentence stays the same, but the mandatory minimum sentence is elevated to a six hundred dollar fine, and a jail sentence of ninety-six (96) hours. Additionally, the license suspension must... --- ### The Future of Past Marijuana Crimes - Published: 2019-01-25 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/the-future-of-past-marijuana-crimes/ - Categories: OUI / DUI / DWI With recreational marijuana now legal in Maine, Maine's government must ask about what to do to those who were convicted of crimes associated with marijuana possession in the past. This year, there is pending legislation that, if passed, would allow either expunging (removing) records of past marijuana convictions, or allow those convictions to be sealed from public view, visible only to law enforcement. Criminal convictions from marijuana possession are deceptively complex thanks to the split between state and federal law, and there are currently very few ways to protect yourself once you are convicted. Maine currently allows possession of recreational marijuana for those who are twenty-one years or older. Mainers are legally allowed to possess up to two and half ounces of marijuana. If someone possesses more than this, up to eight ounces over the limit, they face a Class E criminal conviction, facing up to six months in jail and a $1,000. 00 fine. Possessing over a pound of marijuana in excess of two and a half ounces is a felony, with significant penalties if you are convicted. Most drug related offenses also carry a mandatory minimum four hundred dollar fine for each drug offense you are convicted of. Anyone between eighteen and twenty-one who possesses any amount of marijuana will receive a civil violation, and may have to pay a fine. If they possess more than two and a half ounces, they will face criminal consequences. Anyone who is convicted of a drug related offense would face consequences... --- ### Criminal Law and the New Government Leadership - Published: 2019-01-04 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/criminal-law-and-the-new-government-leadership/ - Categories: Criminal Defense The year 2019 brings a political change in Maine, and potentially in criminal law. With a former prosecutor in the Blaine House, and a politically unified leadership in the Executive and Legislative branches, criminal law may begin to fundamentally change. While the counties, through district attorneys, are the primary law enforcement officers for state crimes, criminal laws are created through the Legislature. It is difficult to say how criminal law will change, but by analyzing the Governor's history and positions on criminal law issues, we may have some guidance into future laws and enforcement. For the first time since Governor Joseph Brennan was in office in the 1980's, Maine has a former prosecutor as Governor. Governor Janet Mill's most recent job was serving as Maine's Attorney General. The Attorney General's office, among other things, prosecutes Maine's most serious crimes. Mills also served as a District Attorney and held other prosecutorial offices during her career. With a governor with extensive practice in criminal prosecution, Maine could see support for strict criminal laws and harsher penalties. This may conflict with the general views of the Democratic party, of which Mills is a member, and who holds a majority in both houses of the Maine Legislature. The Democratic party is historically known for more rehabilitative focuses when looking at criminal justice. Mill's long history as a prosecutor and her political ideology will likely resolve in a focus on rehabilitation for those with addictions or for less serious crimes but will also mean strict... --- ### Secret License Suspensions for Criminal Convictions - Published: 2019-01-04 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/secret-license-suspensions-for-criminal-convictions/ - Categories: License Issues Title 29-A of the Maine Revised Statutes lists several driving related crimes with a list of minimum criminal consequences if you are convicted. Some of these consequences include a court ordered license suspension. For example, the minimum license suspension on a conviction for Operating Under the Influence is one hundred fifty days and Driving to Endanger carries a minimum thirty-day license suspension. There are some crimes that the State Legislature did not mandate a license suspension, but the Bureau of Motor Vehicles will automatically impose one anyway. Prosecutors and judges cannot advise you on these hidden license suspensions or may not even know they exist, and you will likely not realize there is a suspension until it is already imposed. The Bureau of Motor Vehicles will impose license suspensions ranging from thirty to ninety days for certain driving offenses. Considered most severe, the Bureau of Motor Vehicles will automatically impose a ninety-day license suspension for Eluding a Police Officer (high speed chase, for example) and Passing a Roadblock. Both crimes are class C felony offenses, with a maximum sentence of five years in prison, a five thousand dollar fine, and two years of probation. While the crime statute for these offenses does not include a license suspension, the Bureau of Motor Vehicles will impose a ninety-day suspension, effective either immediately after conviction or soon after. If the Court does not order a longer suspension for Operating After Suspension, a Class E misdemeanor, the Bureau of Motor Vehicles will impose a... --- ### If it's Free, is it Stealing? The Truth Behind Theft - Published: 2018-11-30 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/if-its-free-is-it-stealing-the-truth-behind-theft/ - Categories: Theft A theft charge may seem like a straightforward accusation, but there are some forms of theft that are not so obvious. While some cases involve taking things from stores or stealing cars, there are some actions that could be considered theft that the average person would not consider as theft. Situations involving free items, or where something was given mistakenly, can potentially lead to theft charges. Probably the most common type of a theft charge in Maine is called Theft by Unauthorized Taking or Transfer. This involves taking control over an item without authorization to do so, intending to deprive the owner of that property. The base offense is a Class E misdemeanor, with a maximum sentence of six months in jail and a one thousand dollar fine. You will often be required to pay for the stolen item if you are convicted. The penalties can increase depending on the value of the item, reaching potential felony charges if the item is worth more than one thousand dollars. Additionally, if you have two prior theft convictions in any state, you could face a Class C felony charge no matter what was stolen. Class C felony charges come with a maximum sentence of five years in prison, a five thousand dollar fine, and two years of probation. Theft by Unauthorized Taking or Transfer is the classic form of theft, taking something that does not belong to you. However, circumstances can make this type of theft not so clear. Oftentimes, people will... --- ### Immigration and International Consequences of Criminal Convictions - Published: 2018-11-22 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/immigration-and-international-consequences-of-criminal-convictions/ - Categories: Criminal Defense Immigration and international travel are two of the most significant collateral consequences of criminal convictions. However, most people charged with criminal offenses do not consider these issues until it is too late. Certain crimes affect immigration status depending on how serious the offense. Additionally, some offenses will trigger other countries to turn you away at the border, potentially banning you from traveling or working in the country for life. This is especially important to consider during the holiday travel season. Different types of crimes can cause serious immigration consequences, up to and including mandatory detention and deportation. Some crimes will require mandatory deportation regardless of immigration status. These include Domestic Violence Assault, Violating a Protection Order, Stalking and Harassment, or cases involving child abuse and neglect. Additionally, cases known as “Aggravated Felonies” will cause mandatory detention and deportation, including sexual assault, possessing child pornography, and sex trafficking. There are several other crimes that can affect immigration consequences called Crimes Involving Moral Turpitude. This is a broad category that is meant to incorporate many crimes. These include crimes where someone intentionally, knowingly or even recklessly injures or deprives people of property. The federal government has classified these crimes as depraved or immoral acts, with little guidance about what these definitions mean. Violent crimes, theft, obstructing government administration, and fraud cases are just a few crimes that are considered Crimes Involving Moral Turpitude. If you are convicted of one of these crimes within five years of arriving in the United States and... --- ### Halloween Crimes: Mischief and Trespass - Published: 2018-10-25 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/halloween-crimes-mischief-and-trespass/ - Categories: Criminal Defense As we get closer to Halloween, people are preparing to celebrate in many ways. Some dress up in their favorite costume, others decorate their houses, and some prepare for trick-or-treating around the neighborhood. However, there are some Halloween traditions that could result in a criminal conviction, and possibly in jail. Before you decide on how to celebrate Halloween this year, be sure it doesn't violate the law. One type of criminal charge people risk during Halloween is, fittingly, Criminal Mischief. Criminal Mischief involves damaging or destroying property that does not belong to you, or tampering with it to impair the use of that property. This is a Class D misdemeanor crime, which carries a maximum punishment of no more than one year in jail and a $2,000. 00 fine. Additionally, you would likely be liable to pay for any damages inflicted on the property, up to and including replacing the damaged property. How does this relate to Halloween? Pulling pranks is a time-honored tradition on Halloween, whether it includes “TPing” a house with toilet paper, throwing eggs at someone's house, or other types of Halloween mischief. In some extreme cases, if you are not careful, you could face a felony charge of Aggravated Criminal Mischief. This felony is for people who damage property worth more than $2,000. 00. Also, damaging law enforcement equipment, utilities, and other types of government property can result in a felony charge. This would include any damages to road signs, fire hydrants, public restrooms, etc. You... --- ### Sexual Assault Prosecution & Defense in the “Me Too” Era - Published: 2018-10-05 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/sexual-assault-prosecution-defense-in-the-me-too-era/ - Categories: Sex Crimes As a criminal defense attorney, I'm concerned about the potential impact that the Me Too movement may have on clients accused of serious crimes like sexual assault. In Maine, if you're convicted of the crime of Gross Sexual Assault, depending on the circumstances, you can be punished by up to 30 years in prison. For some people, that ends up being a slow death sentence because they may never see the other side of the prison wall before they die. The #MeToo movement is an important one and is shedding a much-needed light on survivors of sexual assaults. With the recent news, we've come to learn that actors, movie producers, US Senators, and even a nominee for the US Supreme Court have been accused of heinous acts against women. Many of these men have accepted responsibility as the evidence against them was overwhelming. But what about the men who may be innocent? How does this new movement affect juries and judges and their views of these cases? One of the concerns is with all of the high publicity of sexual assault cases proliferating the media is that juries will be poisoned against those who stand accused. Is this a valid concern you ask? Well, I think it's too early to tell as this movement began in 2017. However, for any cases that are going to trial, the juries will have to be questioned extensively about their knowledge of the movement and their exposure to social media and news stories surrounding... --- ### OUI: A Criminal Defense Specialty - Published: 2018-08-20 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/oui-a-criminal-defense-specialty/ - Categories: OUI / DUI / DWI One of the surprising facts about OUI cases is just how complex they are. Like any criminal case, a criminal defense attorney needs to determine if a violation of your constitutional rights occurred at any stage of the police investigation. Law enforcement can potentially violate your constitutional rights from the moment they pull you over to after you submit to a chemical test. However, OUI cases have many other issues that only pertain to OUI cases; issues that the standard criminal defense attorney has not taken the time to learn and litigate these issues. One of these issues involves field sobriety tests. There are at least a dozen different tests, both standardized and non-standardized, that law enforcement officers use to determine potential impairment. Each of these tests include specific instructions on how it must be administered, and each test's results signify a different indication of impairment to law enforcement. If law enforcement fails to perform these tests exactly as instructed, they can signal false clues of impairment, which law enforcement relies on when arresting someone for OUI. Only an experienced OUI attorney will take the time to study each individual field sobriety test to determine if they are performed correctly. An experienced OUI attorney will also know what outside factors (medical conditions, environmental conditions) can trigger false or exaggerated results on field sobriety tests. Another issue, which is often overlooked by inexperienced criminal defense attorneys involves breath tests and blood tests. These tests are regularly performed in OUI cases, whereas... --- ### Off-Road Rules: Recreational Vehicle Crimes - Published: 2018-07-19 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/off-road-rules-recreational-vehicle-crimes/ - Categories: Fish, Game, Boating & ATV Most people understand that operating a motor vehicle, like a car or truck, while under the influence of drugs or alcohol is a crime. There are also many other types of crimes and traffic infractions associated with motor vehicles, like Driving to Endanger, Failure to Maintain Registration, Reckless Conduct, and more. What some people fail to realize is that many of these same crimes can be charged when you are driving a boat, all-terrain vehicle (ATV), or a snowmobile. While technically not considered a “motor vehicle”, these recreational vehicle crimes have very similar consequences as motor vehicle crimes when convicted and as such, it is important to know the rules of the “off-road. ” Unlike Title 29-A of the Maine Revised Statutes, which lists crimes associated with motor vehicles, laws concerning recreational vehicles generally fall under Title 12. This is significant as the Maine Warden Service is the primary enforcement agency of Title 12 violations. Retaining the right attorney who has experience dealing with ATV, boat and snowmobile violations is crucial to defending your case. Like motor vehicles, it is a crime to operate an ATV, boat (called a “watercraft” in the statutes), or snowmobile while under the influence of drugs or alcohol. Just like a motor vehicle OUI, a conviction for an OUI on any one of these recreational vehicles will result in a permanent criminal record. In addition, these crimes have the same maximum sentence of 364 days of jail and a $2,000. 00 fine. These crimes may... --- ### Maine Criminal Statutes of Limitations > Learn about Maine's statutes of limitations for criminal offenses, including time limits for prosecution and how they vary by crime. Call us. - Published: 2018-06-12 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/maine-statute-of-limitations-criminal-charges/ - Categories: Criminal Defense, Statute of Limitations Updated: January 10, 2025 Oftentimes, when someone allegedly commits a crime, that person may not be immediately arrested or given a summons to appear in court. This can be for a number of reasons. For example, no one may know that a crime was committed, or there is an investigation still pending to determine whether there is enough proof to charge someone with a crime. In 2018, a Maine man was sentenced for a murder the jury believed he committed back in 1980. With such a large gap between the offense and his conviction, people may wonder how long do the police and the district attorney's office have in order to prosecute you for a crime? The answer varies based on the type of crime and the particular circumstances of the case. What is Statute of Limitations? Maine law, as per Title 17-A, §8, describes the time someone has to prosecute someone for a crime as the Statute of Limitations. In order to meet the deadline, the prosecution must file a criminal complaint, return an indictment, or file an Information (charging instrument) if an indictment is waived prior to the deadline. Generally speaking, there are three groupings of crimes where the law sets deadlines for prosecution. The first category contains crimes where there is no deadline to file criminal charges. These crimes include murder, and sexual contact and abuse where the victim was under the age of sixteen years old. The prosecution may file charges for these types of crimes... --- ### Jury Trial: What Does Your Day in Court Look Like? - Published: 2018-05-10 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/jury-trial-what-does-your-day-in-court-look-like/ - Categories: Criminal Defense You and the District Attorney were unable to resolve your case, so your case has proceeded to trial. Jury selection has wrapped up and now your big day has arrived. Depending on the number of witnesses and complexity of the legal issues, a jury trial can last anywhere from a few hours to several days. Prior to beginning the trial, any unresolved evidentiary issues must first be addressed. Oftentimes, attorneys will file motions to address certain evidentiary issues prior to the trial, so both sides know whether or not a specific piece of evidence will be admitted or excluded for trial. The purpose is to ensure that neither side is unduly prejudiced by surprise with an unexpected ruling at trail. Evidentiary issues could relate to whether evidence is relevant, whether evidence is prejudicial, or if there is a legal basis for the evidence being excluded. It's important to note that I'm referring to evidentiary issues, not constitutional violations, as those issues would have been resolved long before the trial at a motion to suppress evidence hearing. After all evidentiary issues are discussed, the jury is brought into the room, and the clerk an oath, obligating the jurors to remain impartial in your case. This oath is important, as once the jury takes the oath, issues like Double Jeopardy come into play. Essentially, Double Jeopardy is a legal concept that states you cannot stand trial twice for the same crime. Double Jeopardy “attaches” once a jury is sworn in, but not... --- ### Jury Selection: Your Day in Court - Published: 2018-05-10 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/jury-selection-your-day-in-court/ - Categories: Criminal Defense If you and the District Attorney's office cannot agree on a resolution in your criminal case, the Court will prepare for your trial by setting a jury selection date. The actual trial will likely be set sometime in the weeks following your final court appearance, which is normally the dispositional conference. The trial dates and jury selection dates should be known to both you and your attorney, far enough in advance that he/she can prepare a proper criminal defense of your case. Maine Juror Questionnaire Potential jurors are contacted months in advance from all over the county and asked to fill out questionnaires about themselves. Those questionnaires include questions about past and present employment, relationship to members of law enforcement, any medical issues the would prohibit them from serving on a jury and any additional information the court should know about in advance, such as issues with serving as a juror that weren't covered in the questionnaire. Your attorney should access these questionnaires in advance of jury selection in order to get an idea of which, if any, potential jurors may pose a problem in your case. By reviewing the questionnaires in advance, your attorney will be better prepared for the fast pace of jury selection. Day of Jury Selection On the day of jury selection, potential jurors enter the courtroom, where the judge, the State's attorney, you, and your own attorney are waiting. The judge then asks the jurors a series of questions about their knowledge of the case,... --- ### What’s Hearsay? A basic overview of a complicated legal concept - Published: 2018-04-23 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/whats-hearsay-a-basic-overview-of-a-complicated-legal-concept/ - Categories: Criminal Defense Non-lawyer friends and family will often approach me and ask me to parse through hypothetical legal situations to further understand my line of work. When discussing trials, they are very familiar with the word “hearsay,” thanks to shows like Law and Order, but do not understand what it is, and why we lawyers object to it. To ensure a fair process for everyone involved, the courts do not want people testifying to what they heard from someone else to show that what that person said is the truth. This is why hearsay evidence is not allowed in Court. The Maine Rules of Evidence 801 explains that Hearsay is a statement made by someone not currently testifying that is used to prove that the statement is the truth. For example, you are on the witness stand and you are telling a jury that your friend told you that she saw a guy break into the local gas station. You are talking about a statement (“I saw someone break into the gas station”) made by someone who is not currently testifying (your friend) to prove that someone did in fact break into the local gas station. This is hearsay. You testifying about what your friend said would not be admissible in Court under the rule of hearsay. The Court would allow your friend to testify that she saw someone break into the gas station. The Court has a problem with you testifying as to what your friend said, because it does not... --- ### Dispositional Conferences in Maine: Your Day in Court - Published: 2018-03-26 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/your-day-in-court-dispositional-conference/ - Categories: Criminal Defense This article deals with one of the most important proceedings in the Maine criminal system, the Dispositional Conference. The Dispositional Conference is usually at least a month out from your arraignment date, if not longer. By setting your Dispositional Conference further out, your attorney will have the time necessary to discuss the discovery with you and develop a defense strategy. This lead time also gives the District Attorney an opportunity to review the case and, if necessary, provide more discovery too your attorney. Finally, if someone goes to Court without an attorney for their arraignment, that person can hire an attorney with plenty of time before the conference, or can ask the court to appoint an attorney. What is a dispositional conference in Maine? During this "conference," the parties will meet with a judge to discuss the evidence's validity, the defense's arguments, and any pretrial motions. At the end of the conference, the case may be settled through a plea bargain, or it might proceed to a motion hearing docket, a miscellaneous docket, or a jury trial docket. The Dispositional Conference is usually your attorney's first real chance to discuss the case with the District Attorney's office. The ultimate goal of the Dispositional Conference is to resolve the case by agreement between you and the district attorney's office. The discussion takes place between your attorney and a prosecutor from the District Attorney's office. Here, the State will lay out its case against you, and discuss how it intends to prove... --- ### Your Day in Court: Day One – Initial Appearance and Arraignment - Published: 2018-03-25 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/your-day-in-court-day-one-initial-appearance-and-arraignment/ - Categories: Criminal Defense Unfortunately, if you're reading this blog, you've either been arrested or you received a criminal summons charging you with a crime. Somewhere on your paperwork shows a date and time where you need to appear in Court. What it doesn't say is what's supposed to happen that day. If this is the first time you've found yourself charged with a criminal offense, the added stress of not knowing what to expect when you get to court can be debilitating. Over the next few weeks, I will lay out what to generally expect during each step of the criminal court process, from the first day in court to your final day, which could end in a plea or trial. While everyone's case is different, understanding what to expect and what will (and will not) happen, will hopefully ease the stress of an already stressful situation. For most people, the very first court appearance is the “arraignment. ” If you are charged with a felony, your first appearance is referred to as the “initial appearance. ” I'll explain the difference between this and an arraignment below. Since this is the first court appearance, I'd like to take some time to describe what the courtroom will actually look like and who you'll see when you walk in. When you first walk into the courtroom on your arraignment, you'll see a number of benches near you. This will be where you sit until the judge calls your name. About halfway into the courtroom there... --- ### The Administrative OUI Case: The Proceeding That Is Most Often Neglected - Published: 2018-03-06 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/the-administrative-oui-case-the-proceeding-that-is-most-often-neglected/ - Categories: OUI / DUI / DWI Let's say you find yourself charged with Operating Under the Influence and you are given a court date by the police officer. Soon after, you either find out that your case is dismissed, or you managed to get your charge reduced so you are not convicted of Operating Under the Influence. This means you don't need to worry about this OUI charge again, right? Wrong. Many people I speak with do not realize that there are two distinct proceedings when you're charged with an OUI: the criminal side in the Courts and the administrative side with the Bureau of Motor Vehicles (BMV). More importantly, they don't realize that the proceedings in each area are completely independent of one another. This means that no matter what happens in the criminal courts with your case, the BMV will proceed with their hearings without any influence from the Courts, and vice versa. One of the biggest reasons you need an experienced criminal defense attorney who specializes in OUI defense is because of this two-part process with the courts and the BMV. The Court and BMV each look at a case from different perspectives and use different standards of proof that the State needs to prove their case against you. More notably, the Court looks at a number of issues in a criminal case, and the District Attorney needs to prove their case beyond a reasonable doubt. By contrast, the BMV only looks at a small number of issues, including probable cause and proper... --- ### Do Police Need a Warrant to Search a Covered Vehicle in your Driveway? Collins v. Virginia says Maybe Not - Published: 2018-01-25 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/do-police-need-a-warrant-to-search-a-covered-vehicle-in-your-driveway-collins-v-virginia-says-maybe-not/ - Categories: Criminal Defense What happens when the constitutional protections against searching your home without a warrant conflict with the automobile exception to a warrantless search? The case of Collins v. Virgina. Two classic doctrines in Fourth Amendment protections in searches collide in Collins v. Virgina, and on January 9, 2018, the United States Supreme Court heard oral arguments to help them sort out this conflict. In this case, law enforcement officers were investigating a report of a number of traffic infractions and a high speed chase by a black and orange motorcycle. Weeks later, they later approached a residence where Mr. Collins typically stays, and found a partially covered motorcycle parked a few feet from the home on the property. Without consent and without a warrant, law enforcement entered the property and uncovered the motorcycle. They later matched the license plate to the motorcycle, and charged Collins with a number of charges associated with the motorcycle. The highest court in Virginia found the search lawful because law enforcement had probable cause to believe the motorcycle was contraband, due to evidence of the motorcycle being previously stolen. Law enforcement usually must have a warrant when searching someone's property. This is especially emphasized when searching the home. Despite this rule, the Supreme Court has carved out a few exceptions for a warrantless search. One of these exceptions is known as the “automobile exception”. Because vehicles are readily mobile at any point, Courts have allowed a more relaxed standard in searching them to avoid them driving... --- ### Do You Have a Right to Privacy while Driving a Rental Car? Byrd v. United States may say No. - Published: 2018-01-25 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/do-you-have-a-right-to-privacy-while-driving-a-rental-car-byrd-v-united-states-may-say-no/ - Categories: Criminal Defense On January 9, 2018, the Supreme Court of the United States discussed an important question that could affect many tourists and the rental car industry. Does someone who's driving a rental car have an expectation of privacy of what's in the car when that person is not an authorized driver in the rental agreement, but had permission from the person who signed the agreement? Byrd v. United States attempts to answer that very question. In Byrd, law enforcement noticed a rental car pass by with an unusually reclined seat. The driver was pulled over for violating a passing law, and he produced a license with the name William Byrd with no photo and a rental agreement, assigned to James Carter. After doing a search on Byrd's name, police noticed Byrd had a warrant for his arrest in New Jersey, and found other information regarding his criminal record. After asking if he had anything illegal in the vehicle, officers searched the vehicle, claiming that they had consent, and that they did not even need consent, as Byrd was not on the rental agreement as someone authorized to drive the vehicle. Officers later found a flak jacket and forty-nine (49) bricks of heroin. The lower federal courts found that Byrd did not have an expectation of privacy inside the car because he was not authorized to drive the vehicle under the rental agreement. Generally speaking, police officers must have a warrant to search a person's property. While there are exceptions to needing... --- ### Three Different Models of OUI Breath Testing Devices Used in Maine - Published: 2017-12-26 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/three-different-models-of-oui-breath-testing-devices-used-in-maine/ - Categories: OUI / DUI / DWI In a recent blog post, we explained how – technically speaking – there's no such thing as a “breathalyzer. ” Instead, the word “breathalyzer” is a brand name for some of the chemical breath testing machines on the market used in determining a driver's blood alcohol level, much like a Kleenex is a brand name for some of the facial tissues you can buy. In fact, there are scores of “breathalyzers” that have been approved for police use by the National Highway Traffic Safety Administration(NHTSA), like the Lifeloc Technologies Phoenix 6. 0BT, the Lion Laboratories Intoxilyzer 200D, or the Intoxiimeter 3000 DFC. While there are plenty of possible breath testing kits to choose from, however, they all fall into one of the three following categories, based on how they work: Breathalyzers, which uses chemicals that change colors when they interact with alcohol, Intoxilyzers, which detect alcohol through infrared spectroscopy, and Alcosensors, which uses a fuel cell's chemical reaction to alcohol. Breathalyzer Models: Using Color Changes to Detect Alcohol The original Breathalyzer, one of the earliest chemical breath testing kits, invented in 1953, used the color changes from a specific chemical reaction to determine the alcohol content of an air sample. Many current breath testing kits are based on this system, as well. The chemical process that these models use is a color change in potassium dichromate. Alone, this chemical is reddish-orange. When it is mixed with alcohol, it turns green. Models based on the original Breathalyzer keep two vials of... --- ### Per Se OUI Laws Fail to Account for Gender Differences - Published: 2017-12-22 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/per-se-oui-laws-fail-to-account-for-gender-differences/ - Categories: OUI / DUI / DWI A per se law is makes something illegal, regardless of whether it is dangerous, or not. Oftentimes, instead of criminalizing an act, it criminalizes a status, punishing people who have that status even if it has caused no harm and even if they did not intend to have that status. Laws that outlaw operating under the influence (OUI) are per se laws because they punish anyone with a particular status – they were driving with a blood alcohol content (BAC) at or above 0. 08% – regardless of whether they were too impaired to drive safely. Unfortunately, the problem with per se laws is that they are too simple, actively ignoring complications that should be accounted for in order to prevent gross injustice. When it comes to OUI laws, one of those complications is that alcohol affects women more than men. Alcohol Impairs Women Quicker than Men On a medical and physiological level, biological sex makes a huge difference. One way sex plays a role is a person's ability to consume alcohol without losing their ability to function: Women tend to get impaired by the effects of alcohol far more quickly than men do. In fact, this difference has been known for nearly as long as OUI laws have been strictly enforced. As early as 1964, one study had found that men were two times as likely to be involved in a crash when they had a BAC of 0. 08%, while women were nine times as likely. More recent... --- ### There Are Many Kinds of "Breathalyzers," and That's a Problem - Published: 2017-12-20 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/there-are-many-kinds-of-breathalyzers-and-thats-a-problem/ - Categories: OUI / DUI / DWI The world of operating under the influence (OUI) is full of surprises. People who have been arrested and charged with OUI in Maine are surprised and often confused to find out that there are two different processes that happen at the same time – a criminal one and an administrative one. The per se nature of the legal alcohol limit may also be a surprise for people who handle their alcohol well because it can mean they're driving “under the influence” even though they feel perfectly sober. Another surprising fact in OUI law is that “Breathalyzer” is actually a brand name for a certain handheld chemical breath testing machine, much like a Kleenex is a brand name for a kind of facial tissue or a Frisbee is a brand name for a type of flying disc. Technically, There's No Such Thing as a Breathalyzer There are actually dozens of different “breathalyzers” in use, today. The National Highway Traffic Safety Administration (NHTSA), the federal agency in charge of conducting studies and passing regulations meant to keep our roads safe, is responsible for making sure that the handheld chemical testing kits that police use to detect drunk driving are adequately reliable. The rules for the NHTSA's process are outlined at 73 Fed. Reg. 16956. It is then up to businesses to try making a portable chemical breath testing machine that conforms to the NHTSA's requirements. Corporations from across America and even outside of the country – some from Sweden, England, and Japan... --- ### An Increased Body Temperature Can Increase a Breathalyzer's Results - Published: 2017-12-18 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/an-increased-body-temperature-can-increase-a-breathalyzers-results/ - Categories: OUI / DUI / DWI While breathalyzers are a core aspect of how police officers in Maine and elsewhere in the U. S. enforce operating under the influence (OUI) laws, they are easily manipulable and dangerously unreliable. Unfortunately, they are also seen as highly reputable sources of OUI evidence by prosecutors, police, and many jury members, making breathalyzer results crucially important if you've been arrested and charged with OUI. Worse, if a breathalyzer says you have a blood alcohol content (BAC) of 0. 08% or above, it's a per se violation of the law, making it difficult to defend against drunk driving allegations. This is why a breathalyzer's results should be scrutinized for any sign of a potential error, including an erroneously high reading that comes from you having an increased body temperature. Your Body Temperature Can Fluctuate Breathalyzers assume that your breath that is 98. 6 degrees Fahrenheit – the average body temperature of a human being. However, while the alcohol solution standard for the Intoxilyzer 8000 is kept at a constant 34 degrees Celsius (98. 6 degrees Fahrenheit), a person's breath temperature can fluctuate greatly because the human body isn't a closed system. However, 98. 6°F is just the average body temperature of a person: Some people have body temperatures that tend to be higher, while others have body temperatures that tend to be lower. Additionally, a single person's body temperature can fluctuate by as much as 1. 8°F over the course of a single day. It can also go much higher if... --- ### Civil Asset Forfeiture Has Become a Monster - Published: 2017-12-15 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/civil-asset-forfeiture-has-become-a-monster/ - Categories: Civil Offenses Civil asset forfeiture is one of the most terrifying and out of control aspects of law enforcement today. The original intention of civil asset forfeiture was to allow police to seize property that was used in the commission of a crime, giving them an important weapon against organized street gangs that were supposedly “running amok” back in the 1980s. Regardless of whether it worked back then, it has become a monster, now: Police use it to seize anything of value that they have probable cause to believe was related, however remotely or tangentially, to an alleged crime. People who are eventually found to be completely innocent have, in essence, found themselves robbed by police. A new example of just how civil asset forfeiture is abused by police has surfaced, this time from the state of Wyoming. Traffic Stop Turns Costly Phil Parhamovich, a 50-year-old musician from Wisconsin, was driving through Wyoming while on tour with his band. He had just saved up enough money to buy a music studio of his own in Madison, Wisconsin, and had $91,800 in cash in his car, hidden in a speaker cabinet. At 6 pm on March, 13, though, Mr. Parhamovich was pulled over by Wyoming State Police, who claimed the traffic stop was for a pair of minor infractions – improper lane and seat belt use. The officer, however, began asking questions that were meant to intimidate Mr. Parhamovich, who didn't have a criminal background. The officer asked Parhamovich if he had any... --- ### How Breathalyzers Have Influenced OUI Laws Across the Country - Published: 2017-12-13 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/how-breathalyzers-have-influenced-oui-laws-across-the-country/ - Categories: OUI / DUI / DWI In a recent blog post, we delved into the history of the breathalyzer, one of the biggest developments in the history of the enforcement of operating under the influence (OUI) laws. In fact, the breathalyzer has been so important that it has even changed OUI laws in Maine and elsewhere, despite its unreliability. Early OUI Enforcement The first OUI law was passed in New Jersey in 1906, but enforcing it was tricky: People were aware that you could have trace amounts of alcohol in your blood after drinking, but there was no practical and safe way for police to draw blood during a traffic stop. This meant police had to rely on the testimony of the arresting officers or witnesses to “prove” that an OUI defendant was driving drunk. Of course, this testimony was inherently unreliable, as it's widely known that different people act differently when they're drunk, making it almost impossible for officers and random bystanders to know for sure if someone – who they've only seen for a matter of minutes – was under the influence at a given time. Additionally, signs of inebriation could also be blamed on numerous other factors, like a driver's nervousness or their physical abilities. The unreliability of this law enforcement technique, however, wasn't considered a major problem: Cars moved slowly before 1920, and then Prohibition made alcohol a crime from 1920 until 1933, so drunk driving was not considered a serious social issue. OUI Laws Changed to Adopt Breath Testing In 1926,... --- ### Unscientific and Now Stagnant: A Brief History of the Breathalyzer - Published: 2017-12-11 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/unscientific-and-now-stagnant-a-brief-history-of-the-breathalyzer/ - Categories: OUI / DUI / DWI Breath testing devices are a huge part of enforcing Maine's laws for driving under the influence (DUI). Unfortunately, when you start delving into how they work, it's clear that they're not actually scientific or reliable: They need constant recalibration or their results get skewed, Police can manipulate results by, for example, skipping the observation period, and Breathalyzers only determine breath alcohol content (BrAC); an imprecise way of proving blood alcohol content (BAC). When compared to the early forms of the breathalyzer, the current devices are far better. However, few changes have been made in the past half-century. The Beginning: Officer Testimony In the very beginning, the only evidence available to convict suspects of drunk driving was the testimony of police officers. However, this was at the beginning of the 20th century, when cars were slow, drunk driving accidents rarely deadly or even serious, and police officers were trusted by the community. Despite these factors, the fact remained that different people act differently when they're drunk, making the testimony of the arresting officer unreliable. The Discovery of Alcohol on the Breath The breakthrough that made breathalyzers possible happened in 1926. Emil Bogan, a doctor from California, did an experiment: He took urine samples of people suspected of being drunk – a crime in 1926, the heart of the Prohibition Era – and then had the suspects inflate a football. He then compared the alcohol content of the air from the footballs with the alcohol content in the urine and found that... --- ### 120 Years Since First DUI Arrest - Published: 2017-12-08 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/120-years-since-first-dui-arrest/ - Categories: OUI / DUI / DWI It would be a shame to let the year end without noting that 2017 marked 120 years since the first arrest and conviction for driving under the influence (DUI). 120 Years Since First DUI Case According to the History Channel, the first arrest for DUI happened in London, England, at just before one in the morning of September 10, 1897. As reported in The Morning Post, George Smith had been seen losing control of his cab – something so new back then that the newspaper had to describe it for readers: “A motorcar – a four-wheeled electric cab. ” The Post described the scene: “Suddenly the vehicle swerved from one side of the road to the other, and ran across the footway into 165, New Bond-Street, breaking the water-pipe and the beading of the window. ” Back in 1897, there were no breath or blood tests to determine if a driver was drunk. Smith, however, confessed to it at the police station, admitting that he'd had “two or three glasses of beer. ” However, he denied allegations that he was “driving furiously”: While the constable on the case claimed he was going “about eight miles an hour,” Smith argued that he couldn't have been going more than six – “the fastest these cars can travel is eight,” he said, and he had been “going up an incline” at the time of the crash. Seemingly, no one was hurt in the accident. Nevertheless, he was fined £1, or a little over... --- ### More Breathalyzers Have Been Miscalibrated, This Time in New Jersey - Published: 2017-12-06 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/more-breathalyzers-have-been-miscalibrated-this-time-in-new-jersey/ - Categories: OUI / DUI / DWI If you get pulled over on suspicion ofdriving under the influence (DUI), you might provide a breath sample. If the results are incriminating, you'll be arrested, booked, and will probably faceDUI charges. From the perspective of a defendant, it seems like the evidence against you is incontrovertible, and is put in a drawer somewhere to be kept until your trial. However, there's far more to the story than that. And now the entire state of New Jersey is hearing about that story. Police Officer Found Recalibrating Breathalyzers Improperly In nearby New Jersey, one police sergeant, Marc Dennis, has been recalibrating breathalyzer machines in five central New Jersey counties since 2008. Last year, Mr. Dennis' supervisor discovered that he was skipping a crucial step in the recalibration process: He wasn't making sure that the internal temperature of the machine was 100 degrees Fahrenheit before testing it. This was not a small mistake – if the machine is a different temperature, the chemical reactions that determine your breath alcohol content (BrAC) work differently, and produce imprecise results. Worse, Mr. Dennis claimed to be performing this step on the paperwork associated with the recalibration. Other signs also suggested that he was deliberately skipping the recalibration step. Mr. Dennis, a police officer, wascharged with tampering with public recordsin the third degree, and with falsifying records in the fourth degree. Uncalibrated Breathalyzers Throw Thousands of Cases in Doubt It was unclear when Mr. Dennis had started improperly calibrating the machines. However, prosecutors in the five... --- ### Oral Arguments in Carpenter v. U.S. Show How Justices are Leaning - Published: 2017-11-27 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/oral-arguments-in-carpenter-v-us-show-how-justices-are-leaning/ - Categories: Criminal Defense The Supreme Court caseCarpenter v. U. S. is shaping up to be one of the most important criminal cases in years. On November 29,the Court heard oral arguments from both sides, providing important insight into how they would rule on the case. Here's how the Justices on the Court seem to be leaning. Justice Sotomayor Out of all of the Justices on the Court, Justice Sotomayor islikely the easiest to read. She has voiced her displeasure with thethird party doctrinein a 2012 case,U. S. v. Jones, which did not even implicate the doctrine directly. It would be a shock to see her vote for the prosecution inCarpenter,which is a quintessential third party doctrine case. Nothing in the oral arguments suggested anything otherwise. Justice Gorsuch Justice Gorsuch seems to be leaning towards the defense, as well. He asked pointed questions during oral argument that suggested he was seeing the cell phone records as, at least partially, the property of the person carrying the cell phone. If the records are property of the cell phone holder, then theFourth Amendment'sprotections of someone's “papers and effects” apply to those records. This would require thepolice to get a warrantin order to conduct a search, which the police inCarpenterdid not do. This idea follows in the Court's decision inU. S. v. Jones, which stressed that the Fourth Amendment protects not just someone's privacy, but their property, as well. Justice Roberts Justice Roberts seems to be following Gorsuch's lines of thinking. Roberts even characterized cell phone records... --- ### Multiple OUI Arrests in the Same Day Don't Violate Double Jeopardy Clause - Published: 2017-11-22 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/multiple-oui-arrests-in-the-same-day-dont-violate-double-jeopardy-clause/ - Categories: OUI / DUI / DWI A new ruling from the Maine Supreme Court on November 28, 2017, Maine v. Martinelli, highlights how the Double Jeopardy Clause works, in the context of operating under the influence (OUI). What Happened in Maine v. Martinelli Shortly after midnight on Wednesday, May 6, 2015, Michael Martinelli was pulled over on suspicion of drunk driving. He refused to submit to a breath or blood test and was arrested and booked for violating Maine's implied consent law and for OUI under 29-A M. R. S. § 2411(1-A)(C)(1). At 11:30 pm on Wednesday, May 6, 2015 – just short of 24 hours after the first arrest – Martinelli was pulled over for drunk driving again. He again refused to take a breath or blood test and was again arrested and booked under Maine's implied consent law and for OUI. However, in Maine, criminal charges are filed by date, not by time. Therefore, both of the OUI charges against Mr. Martinelli had the same date, even though they were separate incidents. Soon after Mr. Martinelli was convicted of the first OUI and sentenced to four days in jail, a $600 fine, and a 150-day license suspension, he filed a motion to dismiss the other OUI charge, claiming that it violated the Double Jeopardy Clause of both the Maine and the U. S. constitutions. He had, after all, already been convicted for OUI on May 6, 2015, so the other charge for the same day violated his rights. The Double Jeopardy Clause The Double... --- ### 3 Ways for Avoiding an OUI Traffic Stop - Published: 2017-11-20 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/3-ways-for-avoiding-an-oui-traffic-stop/ - Categories: OUI / DUI / DWI Getting pulled over for operating under the influence (OUI) in Maine is stressful, even if you haven't been drinking at all. Field sobriety tests and breathalyzers are notorious for giving “false positives” that can get you in legal trouble, even if you've done nothing wrong. Staying composed during an OUI traffic stop is crucial. However, avoiding the traffic stop entirely is even better. Contrary to popular belief, there are things that you can do to minimize the odds of getting pulled over by a cop who suspects that you're driving drunk. Here are 3 of them. Keep Your Vehicle in Working Condition When it comes to enforcing Maine's drunk driving laws, a police officer's best friend is the pretextual search. Until you've been pulled over, there is very little evidence that police can gather for an OUI crime. Therefore, police look for any reason they can to initiate a traffic stop and get a closer look at you. While the condition of your vehicle does not have anything to do with drunk driving, a police officer who is even remotely suspicious that you're driving while impaired will use a minor vehicle infraction – like a broken taillight – to pull you over. Once you're on the side of the road, the officer will do all they can to find evidence of an OUI crime. If they can, they'll arrest you. If they can't, they can still give you a ticket for the broken taillight. Therefore, making sure your car has... --- ### How Police Hide Body Camera Footage in Maine - Published: 2017-11-17 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/how-police-hide-body-camera-footage-in-maine/ - Categories: Criminal Defense When they first starting coming out, police body cameras were supposed to transform law enforcement and policing by increasing the transparency needed to hold officers accountable for their actions. Transparency, however, was not something that the police wanted, so they erected procedural obstacles that made it incredibly difficult for outside parties to get access to the footage captured by those cameras. These obstacles have minimized any positive impact that body cameras could have had on the criminal justice system. Excellent examples of two of these obstacles come from right here in Maine. Footage-Capture Policies Limit Body Camera Recording in Maine One of the ways that police departments across the country have limited the impact of body cameras is by adopting recording policies that limit when body cameras have to be on and recording. The South Portland Police Department was caught red-handed by the Press Herald using this obstacle. At first, the Department refused to disclose its policies for when its officers would have to turn their body cameras on, vaguely citing the “operational impact” of releasing details of its recording policy to the public. But when, after lots of public blowback, the police did release their recording policy, it was clear how little the Department cared about transparency and police accountability. The policy gave wide latitude for officers to turn their cameras off or to never turn them on in the first place. The policy adopted by the South Portland police went against both the recommendations of the Department of... --- ### Body Cameras Catch Police in a Lie - Published: 2017-11-15 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/body-cameras-catch-police-in-a-lie/ - Categories: Criminal Defense A new instance of police misconduct has arisen, this time out of Los Angeles. A man suspected of committing a hit-and-run was arrested. During the arrest, police claim that they found drugs in his pocket, but their body cameras show that was not the case. What Happened During the Arrest, According to Police According to the police, they responded to a hit-and-run accident and arrested a suspect, Ronald Shields, back in April. In their report, police claim that, while they were searching Shields incident to the arrest, they found a small bag of cocaine in his front left pocket. He was subsequently charged for a felony hit-and-run, drug possession, and a weapons charge. Police Body Cameras Tell a Different Story However, the body cameras that the police were wearing tell a different story. Crucially for this case, in Los Angeles, police body cameras take video constantly, even when they're “off. ” When an officer turns their camera on, the camera starts recording audio, as well, but also saves the previous 30 seconds of video, to provide context to the rest of the recording. When Shields' defense attorney obtained and then presented that footage of the arrest at trial, it showed that police officers didn't find the drugs in Shields' pocket – they found the bag of cocaine on the ground. A police officer then put the drugs in Shields' wallet, which was also on the ground at the beginning of the video. Only after putting the drugs in the suspect's... --- ### Why Are the Earliest Fourth Amendment Cases from the 1960s? - Published: 2017-11-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/why-are-the-earliest-fourth-amendment-cases-from-the-1960s/ - Categories: Criminal Defense The Fourth Amendment is the most constitutional protection for people who are being investigated for a crime. However, if the Fourth Amendment has been around since 1792, why are the oldest cases that deal with it from the 1960s? The answer takes us from the American Revolution through the First Amendment, the Fourteenth Amendment, the Civil War and slavery, and a little-known legal concept called the Incorporation Doctrine. The Bill of Rights and the Federal Government After the American Revolution was won, the colonies joined together into a country, the United States of America. However, a big concern among the politicians of the time was how much power this newly centralized government would have. To appease those who were worried about the government becoming too powerful, the Bill of Rights was added to the U. S. Constitution. The Bill of Rights includes the first ten amendments. However, possibly the most important phrase in the entire Bill are the first five words: “Congress shall make no law... ” This phrase, which is technically in the First Amendment, makes an important statement about what all ten of these amendments can do: They can limit the federal government, which acts through Congress. The Civil War and the Fourteenth Amendment For nearly a hundred years, the Bill of Rights was known to only apply to the federal government, not to the state governments. Importantly for the Fourth Amendment, this meant that only the federal government was prohibited from conducting unreasonable searches and seizures. State... --- ### Renewal of Warrantless NSA Surveillance Program Making Its Way Through Congress - Published: 2017-11-08 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/renewal-of-warrantless-nsa-surveillance-program-making-its-way-through-congress/ - Categories: Federal Charges A federal law that could have significant repercussions on your privacy and your Fourth Amendment rights is in a tricky state of limbo in the U. S. Congress. The N. S. A. and Section 702 At issue are the National Security Agency's (NSA) warrantless surveillance program and the so-called Section 702 law, both of which are set to expire at the end of 2017. Section 702 is the part of the law behind the NSA that allows the Agency to record the emails and phone calls of foreign spies, terrorists, and other foreign targets who are not in the U. S. at the time of the communication. Importantly, though, if those communications are between targeted foreigners and U. S. citizens inside the United States, Section 702 also allows the NSA to collect information on those U. S. citizens. This information is said to be gathered “incidentally” to the investigation of the foreign party. As it stands, Section 702 grants federal law enforcement access to all of this information, including details about U. S. citizens. This is likely a violation of the Fourth Amendment, because the NSA never obtained a warrant in collecting the data, and federal investigators are not required to have a warrant to search that data, once it's been collected. However, the data that Section 702 collects from foreign agents is useful for the country's national security interests. The “U. S. A. Liberty Act” In an attempt to renew the NSA's warrantless surveillance program and Section 702, the... --- ### Maine Supreme Court: Indecent Conduct Requires Physical Presence - Published: 2017-11-06 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/maine-supreme-court-indecent-conduct-requires-physical-presence/ - Categories: Federal Charges The Maine Supreme Court has made an important distinction regarding one of the most important parts of the state'ssexual crimeslaws:Indecent conductunder17-A M. R. S. §854(1)(B). What Happened in Maine v. Legassie In late 2013, 21-year-old Andrew Legassie sent sexually-explicit images over Facebook to a handful of girls, who were then between the ages of 14 and 17. Legassie was arrested and charged for numerous crimes, including sexual exploitation of a minor. However, despite the fact that there was never any physical presence, Legassie was also arrested and charged for five counts of indecent conduct. Legassie confessed to sending the images of himself to the underage girls, and was convicted on all charges. Court Rules Indecent Conduct Requires Presence The case ofMaine v. Legassiemade it to the Maine Supreme Court, where the judges there determined that the statute for indecent conduct cannot be violated when all of the conduct happened online and there was no physical presence. Importantly, the statute in question, 17-A M. R. S. §854, doesn't specify whether the suspect had to be physically present to violate the law. Instead, it merely required that “the actor exposes the actor's genitals with the intent that the actor be seen. ” Noting that a reasonable reading of the statute could either convict or acquit Legassie, the court deemed it ambiguous and looked past the plain language of the law for other clues on what it meant. One place they looked was to how indecent conduct statutes were used, in the past.... --- ### No, the Eyewitness Rule Does Not Solve Carpenter v. U.S. - Published: 2017-11-02 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/no-the-eyewitness-rule-does-not-solve-carpenter-v-us/ - Categories: Criminal Defense The upcoming Supreme Court case Carpenter v. U. S. has gotten lots of attention recently. It is, after all, likely to be the biggest criminal defense case of the next decade because it might put a long overdue limitation on the third party doctrine or even overrule it, altogether. One of the more vocal supporters of the prosecution in the case, law professor Orin Kerr, recently wrote a blog post on SCOTUS Blog that, he thinks, wraps the case up nicely. He's horrendously wrong. Orin Kerr: Simply Apply the Eyewitness Rule Kerr's article, Carpenter and the Eyewitness Rule, synthesizes the amicus brief he filed in favor of the prosecution. In his article, Kerr argues that the eyewitness rule – which says that the government can always talk to eyewitnesses – applies to Carpenter. Based on the eyewitness rule, the police in the case could talk with Carpenter's cell phone carrier and gather evidence that he'd committed several theft crimes. “These interviews,” according to Kerr, “whether voluntary or compelled, don't trigger the Fourth Amendment. ” Why Kerr Is Wrong Paradoxically, from a practical standpoint, if Kerr's article was correct, then he'd never have had to write his article because Carpenter would never have made it to the Supreme Court. Cases don't go to the highest court in the country if they have solutions that can be written in a single paragraph. The Supreme Court only takes cases that are going to have a big impact, like reexamining the third party doctrine... --- ### Amicus Briefs in Favor of the Prosecution in Carpenter v. U.S. - Published: 2017-10-20 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/amicus-briefs-in-favor-of-the-prosecution-in-carpenter-v-us/ - Categories: Criminal Defense In our last blog post, we examined the amicus curiae briefs that were filed for the defense team in Carpenter v. U. S. , what is likely to be the most important criminal defense case heard by the U. S. Supreme Court in at least the next few years. However, not all of the amicus briefs came out in support of the defendant, who'd been convicted of a theft crime on evidence that relied on his cell phone location, which the police had obtained using the third party doctrine. Four of the 21 amicus briefs urged the Court to side with the government, presenting arguments and viewpoints that might be overlooked by the federal prosecutor. Crime Victim Submits Brief to Supreme Court One of those amicus briefs was submitted by a Virginia patent attorney, Michael Varco. Varco claimed that people who were victims of a crime – as he'd once been – depended on the third party doctrine and the ability of police to access a suspect's cell phone records. However, Varco's amicus brief proves that lawyers who know patent law do not necessarily know criminal law, as well. His brief repeatedly insists that law enforcement should be able to access someone's cell phone records “pursuant to a court order. ” However, the whole point of the third party doctrine is that police can access information that has been voluntarily given to a third party, like a cell phone provider, with court orders that are almost freely given out by... --- ### A Rundown of the Amicus Briefs for the Defense in Carpenter v. U.S. - Published: 2017-10-18 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/a-rundown-of-the-amicus-briefs-for-the-defense-in-carpenter-v-us/ - Categories: Criminal Defense When a case reaches the United States Supreme Court – or, less often, a state supreme court – the judges on that court can make it known that they are willing to accept input from people or organizations that are not a party in the case. That input comes in the form of amicus curiae briefs, or papers written by “friends of the court,” to help the court come to the correct decision. These amicus curiae briefs (or “amici curiae” brief, if there's more than one person or group behind it) can shed light on the complexities of a particular case and make arguments that might not otherwise be made by the parties who are involved. The upcoming Supreme Court case Carpenter v. U. S. has garnered 21 separate amicus briefs. Here are some of the most interesting that either side with the defense, or do not take an official stance on either side in the case. Carpenter v. U. S. Recall that Carpenter is a criminal defense case about whether police could use the third party doctrine to gather information about the location of your cell phone without obtaining a search warrant, first. This gives police access to lots of potentially personal information that you wanted to keep private, without technically conducting a “search” that triggers the Fourth Amendment. Technology Giants Weigh In One of the amici curiae briefs that the Supreme Court received for Carpenter came from a not-insignificant group of technology companies, including: Google, Apple, Microsoft, AirBnB,... --- ### Cop Who Arrested Nurse While Trying to Conduct an Unlawful Search Has Been Fired - Published: 2017-10-16 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/cop-who-arrested-nurse-while-trying-to-conduct-an-unlawful-search-has-been-fired/ - Categories: Criminal Defense Back in early September, a viral video hit the internet of a Utah detective roughly arresting a nurse after she refused to let him conduct an unlawful blood alcohol content (BAC) test. Now, that detective has been fired from the police force. Nurse Arrested for Preventing Unlawful BAC Search We've covered the incident on our blog before, but the facts of the case bear repeating. After a police chase led to a horrific crash that killed the suspect and severely hurt the driver of a tractor-trailer, a police officer went to the hospital to conduct a BAC test on the trucker. The officer, 27-year veteran Jacob Payne, didn't have a warrant, so he needed his search to fit into one of the exceptions to the warrant requirement. The trucker was unconscious, so Payne couldn't get his consent to search, and not only was there no probable cause that the trucker had committed the crime of operating under the influence (OUI); Payne even admitted that the trucker wasn't even being investigated. Despite the fact that Payne's BAC test would've violated the trucker's constitutional rights, he pressed for one, anyway. Nurse Alex Wubbels, however, stopped him with her hospital's policy: No warrant or consent means no BAC test. Payne responded by roughly arresting her, claiming she was “interfering with a police investigation” – an investigation that, moments before, Payne had explicitly stated was not going on. Detective Fired for Arrest On October 10, the Salt Lake City Police Department fired Payne after... --- ### An Example of the Supreme Court Stumbling Over Itself in a Seizure Case - Published: 2017-10-13 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/an-example-of-the-supreme-court-stumbling-over-itself-in-a-seizure-case/ - Categories: Federal Charges While the Fourth Amendment prohibits searches or seizures that are “unreasonable,” first, there has to be a search or seizure. Unfortunately, when it comes to seizures, this is not always clear. Granted, there are a few hard and set rules, like: It's a seizure when police use deadly force, It's a seizure if you've been brought to the police station against your wishes, It's a seizure if you've been stopped by a police roadblock or sobriety checkpoint, You and everyone else in the car has been seized during a traffic stop , and It's not a seizure if police ask you a question in public. However, in between these extremes, the law is a mess, as exemplified by the Supreme Court of the United States' difficulty in articulating a rule that's remotely useful . The seminal case from 1968, Terry v. Ohio, which was the first time the Supreme Court dealt with a “stop and frisk,” highlights the difficulties inherent in pointing to the exact moment in time that someone gets “seized,” and then backing that decision up with a rational explanation. Terry v. Ohio In Terry, a detective saw two men who, from his three decades of working that particular area of Cleveland, “didn't look right. ” One would walk past a storefront, look in, and walk back to his companion at the street corner, where a third would later join them. This happened a few times before the detective, thinking that they were “casing” the store and might... --- ### How Dodging a Seizure Issue Made the Maine Supreme Court Look Foolish - Published: 2017-10-11 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/how-dodging-a-seizure-issue-made-the-maine-supreme-court-look-foolish/ - Categories: Federal Charges Many of our recent blog posts have dealt with when, exactly, you've been “seized” by police. While this issue is not always clear, in large part because there's a huge spectrum of police detentions, there have been a small set of bright-line rules that have come up over the years: It's a seizure when police use deadly force, You've been seized when police bring you to the police station against your will, Police roadblocks and sobriety checkpoints are seizures, Everyone in the car is seized during a traffic stop, but It's not a seizure when police question you in public. Between these extreme cases, though, whether you've been seized by a law enforcement officer is tricky. Unfortunately, it's also crucially important because only after you've been seized do your Fourth Amendment rights get triggered, potentially invoking the exclusionary rule for an unreasonable seizure. However, rules from the Supreme Court regarding seizures are murky. How they apply to the recent case Maine v. Blier highlight how difficult they can be to use, in real life, and how far state courts are willing to go to avoid them. The Murky Rules Regarding Police Seizures In the leading Supreme Court case dealing with police seizures, the Court laid out what it means to be “seized” by law enforcement: “A person is ‘seized' only when, by means of physical force or a show of authority, his freedom is restrained. ” U. S. v. Mendenhall. This means that a person “has been ‘seized' within the... --- ### The Murky Law of Seizures at the Supreme Court - Published: 2017-10-09 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/the-murky-law-of-seizures-at-the-supreme-court/ - Categories: Federal Charges Lately, we've been delving into the law that deals with whether you've been “seized” by police, thereby invoking your constitutional rights under the Fourth Amendment. Because there is a huge spectrum of police detentions, the exact moment that you were arrested is not always clear. Unfortunately, it can make a huge difference: If the seizure is unreasonable, the exclusionary rule keeps all evidence obtained out of the courtroom. However, despite the general confusion on this subject, there are still a small handful of cut-and-dried situations that lead to seizures under the Fourth Amendment: If police use deadly force, you've been seized, If you're brought involuntarily to the police station, you've been seized, Police roadblocks and sobriety checkpoints are seizures, and Traffic stops, which seize both the driver and any the passengers in the car . On the other hand, police are allowed to question you in public without it amounting to a seizure. In between these extremes, though, is a mess of ambiguity. An Alleged “Rule” of Seizures Numerous times, the Supreme Court of the United States has been called on to deal with the issue of whether a Fourth Amendment seizure has occurred. The rule that the Court has settled on has been that which they stated in U. S. v. Mendenhall: “A person is ‘seized' only when, by means of physical force or a show of authority, his freedom is restrained. ” Importantly, this means that, “in view of all of the circumstances surrounding the incident, a reasonable... --- ### Traffic Stops are Seizures Under the Fourth Amendment - Published: 2017-10-04 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/traffic-stops-are-seizures-under-the-fourth-amendment/ - Categories: OUI / DUI / DWI In recent blog posts, we've delved into the important legal question of whether you've been “seized” by police, thus triggering your Fourth Amendment rights. Knowing the exact point when you were seized by police can make a huge difference because, if the seizure was unreasonable, any evidence obtained after the seizure happened will be excluded from trial. While there's a broad spectrum of possible police detentions that often makes it unclear whether you've been “seized,” some police actions, like the use of deadly force, a roadblock or sobriety checkpoint, or bringing a suspect into the police station for questioning, have been settled as “seizures. ” Another definitive seizure under the Fourth Amendment is a traffic stop. Traffic Stops Are Seizures Under the Fourth Amendment When you are driving along the roads of Maine, minding your own business, and a police officer appears behind you and makes it known that he or she wants you to pull to the side of the road, you know and understand that, if you keep driving, there will be legal consequences. The show of authority that the police use to make you pull over – the sirens, the flashing lights, and their very presence behind you – make it clear that you are not free to leave, making it a seizure in the eyes of the Fourth Amendment. Delaware v. Prouse The United States Supreme Court case that decided traffic stops were Fourth Amendment seizures was Delaware v. Prouse. In that case, a Delaware cop... --- ### Police Can Question You in Public Without Implicating Your Fourth Amendment Rights - Published: 2017-09-29 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/police-can-question-you-in-public-without-implicating-your-fourth-amendment-rights/ - Categories: Criminal Defense In several recent blog posts, we've dealt with the issue of what police have to do in order to initiate a “seizure” that triggers your Fourth Amendment rights. While the broad spectrum of possible police detentions means that it's not always clear whether you've been seized by police, there are some situations that are clearly seizures, like when police use deadly force on a suspect, bring a suspect to the police station for questioning, or when they erect roadblocks or use sobriety checkpoints. However, there are also some cut-and-dried cases that are decidedly not seizures. One of them is when law enforcement officers ask someone – whether that someone is suspected of a crime or is just an innocent bystander – a question. Being Questioned by Police is Not a Seizure The whole point of the Fourth Amendment is to protect your rights as a citizen from the government, while still allowing law enforcement personnel the leeway that they need to investigate crimes and keep people safe. Out of the many tools that police use to find and investigate a crime, one of the most effective is simply talking to people. Bystanders and community members who are not being suspected of doing anything wrong often have valuable information for police officers that can lead to evidence and arrests. Additionally, when police talk to suspects, those suspects often confess to a crime or provide other crucial evidence against themselves or others. Additionally, when police ask people questions out in the field... --- ### Police Roadblocks and Sobriety Checkpoints are Seizures, Too - Published: 2017-09-26 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/police-roadblocks-and-sobriety-checkpoints-are-seizures-too/ - Categories: OUI / DUI / DWI In recent blog posts, we've been discussing what constitutes a “seizure” under the Fourth Amendment. If police “seize” you and that seizure turns out to be unreasonable, then the exclusionary rule applies and any evidence obtained from that seizure can't be used against you at trial. Unfortunately, whether there has been a “seizure” is not always clear, in large part because there's a whole spectrum of police detentions that can occur in a variety of different situations. Over the course of decades of court rulings, though, some police detentions have decidedly become “seizures” under the Fourth Amendment, such as when police use deadly force on a suspect, or when police move a suspect, against his or her will, to the police station for questioning. Another definitive seizure, though, is when police make certain kinds of traffic stops, including roadblocks and sobriety checkpoints. Police Roadblocks are Seizures Under the Fourth Amendment When police are pursuing a suspect in a car chase, they frequently funnel them into a chokepoint where other police officers are prepared to make the stop. In some high speed chases, though, this can lead to a devastating car accident if the suspect tries breaking through. The Supreme Court of the United States, in the 1989 case Brower v. County of Inyo, decided that this police tactic constituted a “seizure” under the Fourth Amendment, if the suspect collided with the police cars forming the roadblock. This was because such roadblocks are “designed to produce a stop by physical impact... --- ### Police Use of Deadly Force is Always a Seizure - Published: 2017-09-20 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/police-use-of-deadly-force-is-always-a-seizure/ - Categories: Criminal Defense In the past few blog posts, we've started talking about what it means to be “seized” by police. Determining the precise moment when a seizure occurred is crucial because, if the seizure was unlawful under the Fourth Amendment, evidence obtained after it happened can be excluded from trial under the exclusionary rule. As we've stressed in these earlier posts, there are many situations where it's unclear if a seizure occurred, or exactly when it occurred. The new Maine Supreme Court case Maine v. Blier is a prime example, as we discussed in this earlier post. However, not all seizures are complex. There are some police apprehensions that are quite clearly seizures under the Fourth Amendment. For example, if that apprehension involves deadly force, courts are in general agreement that it is a seizure. However, depending on the facts of the case, it can still be deemed a “reasonable” seizure that does not violate the Fourth Amendment and trigger the exclusionary rule. Use of Deadly Force is Always a Seizure It might seem painfully obvious, but the Supreme Court of the United States found it necessary, in Tennessee v. Garner, to point out that fatally shooting someone constitutes a seizure under the Fourth Amendment. In Garner, police were called to the scene of a burglary to find the suspect trying to scale a fence to escape. Despite his belief that the suspect was unarmed, one of the officers drew his gun and fatally shot the suspect to prevent him from getting... --- ### Seizures, Your Fourth Amendment Rights, and the Exclusionary Rule - Published: 2017-09-18 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/seizures-your-fourth-amendment-rights-and-the-exclusionary-rule/ - Categories: Criminal Defense, Exclusionary Rule In our recent blog posts, we've begun delving into the can of worms that is arrest and police seizure law. We've been over some examples that show the complexity of what a “seizure” is, and have used the recent Maine Supreme Court case, Maine v. Blier, to highlight the spectrum of police detentions. One important question remains, though: So what? Why is there all of this splitting of hairs over whether a suspect has been “seized” or not? What difference does it make? The answer is threefold: Only once there has been a seizure does the Fourth Amendment apply, If violated, the Fourth Amendment triggers the exclusionary rule, and When the exclusionary rule applies, the evidence from the unreasonable seizure gets thrown out. The Fourth Amendment to the U. S. Constitution is the friend of everyone in the country because it prohibits police searches and seizures that are deemed “unreasonable. ” However, the Fourth Amendment doesn't apply unless and until there is either a legitimate “search” or an actual “seizure. ” If there's no “seizure,” then the Fourth Amendment's protections can't help you. Fourth Amendment Violations Trigger the Exclusionary Rule If there has been an actual “seizure” that triggers the Fourth Amendment's protections, and that seizure is unreasonable, it means the police have done something illegal – they've violated the Constitution. There are repercussions for these violations. If there weren't, it would leave a hugely important piece of the Constitution empty of meaning or substance. In the United States, we've... --- ### Maine v. Blier and the Spectrum of Police Detentions - Published: 2017-09-15 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/maine-v-blier-and-the-spectrum-of-police-detentions/ - Categories: Criminal Defense In our last blog post, we ended with a real-life situation from a Maine Supreme Court case, Maine v. Blier, which provides an excellent example of how the wide spectrum of possible police detentions makes talking about unreasonable seizures under the Fourth Amendment very difficult. What Happened in Maine v. Blier A man was driving his car and was almost home when a police officer behind him noticed that his license plate lights weren't working. The officer turned on his “wig wag” lights, but not his police lights or his sirens. The driver didn't think he was being pulled over, so continued driving the remaining 860 feet into his driveway. The officer pulled into the driveway behind him, turning on his police lights as he did so, the driver had entered his enclosed porch and had just keyed into and entered his house when the cop caught up to him, telling the driver that he “needed” to provide his vehicle registration. When the driver went with the officer back to his car, the officer smelled alcohol, administered field sobriety tests, and arrested the driver for operating under the influence (OUI) when he failed them. The Fourth Amendment and Seizures The Fourth Amendment prohibits both searches and seizures that are deemed “unreasonable. ” However, just like when it comes to a police search, exactly when a police seizure turns from one that is “reasonable” to one that is “unreasonable” is not an easy subject. The Spectrum of Detention Perhaps the most... --- ### Whether You've Been Seized By Police Is Not Always Clear - Published: 2017-09-13 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/whether-youve-been-seized-by-police-is-not-always-clear/ - Categories: Criminal Defense The Fourth Amendment, one of the keystones of all criminal defense work, prohibits searches and seizures that are “unreasonable. ” In the past on our blog, we've gone time and time again into the search aspect of the Fourth Amendment, from what searches are to the third party doctrine to the exclusionary rule. Whether a seizure is reasonable or not, however, is no less complex. Some of our past blog posts highlight just how tricky they can be, and are useful examples to think about as we delve into the efforts of courts to come up with rules for police to follow. Are Sobriety Checkpoints Seizures? In one of our blog posts from over a year ago, we discussed the complicated legality of sobriety checkpoints. A sobriety checkpoint involves a group of police officers pulling cars to the side of the road to look for evidence of operating under the influence (OUI). Importantly, this means they have no probable cause to suspect you of being under the influence, but still ends with you getting pulled over, which is a “seizure” under the Fourth Amendment. The Supreme Court of the United States, however, has determined that this seizure is reasonable. In Michigan Department of State Police v. Sitz, the Court decided that, despite the lack of probable cause, the importance of keeping the roads free of drunk drivers made the seizure fine. Some state courts have since disagreed, and expanded the rights of their state constitutions to outlaw sobriety checkpoints. Maine,... --- ### You've Been Seized if You're Brought to the Police Station Involuntarily - Published: 2017-09-12 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/youve-been-seized-if-youre-brought-to-the-police-station-involuntarily/ - Categories: Criminal Defense In our recent blog posts, we've started delving into the maddeningly nuanced law of seizures by law enforcement officers. Crucially, the Fourth Amendment requires a police seizure to be “reasonable. ” If it isn't, then any evidence that is obtained from the seizure will be excluded from trial under the exclusionary rule. What constitutes a “seizure,” however, is not always clear, as there is an entire spectrum of police detentions, from an officer simply looking at you, to an officer clapping handcuffs on you and saying, “you're under arrest. ” In our last post, we dipped our toe into these murky waters by discussing an obvious example of a Fourth Amendment seizure: When police use deadly force on a suspect. Here, we inch towards the gray area with another definite seizure under the Fourth Amendment: Apprehending a suspect and bringing them into the police station for questioning. Bringing a Suspect to the Police Station is a Seizure Repeatedly, the Supreme Court of the United States has decided that there is a seizure – thereby triggering the protections of the Fourth Amendment – whenever a police officer brings a suspect into the police station without their consent. The first of these cases came from 1979, Dunaway v. New York. Dunaway started with the robbery of a pizza joint in which the owner of the store was killed. Police, acting on a tip, found the suspect, Dunaway, in his neighbor's house. Without telling Dunaway that he was under arrest, they brought him... --- ### Influential Judge Richard Posner Calls It Quits - Published: 2017-09-11 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/influential-judge-richard-posner-calls-it-quits/ - Categories: Criminal Defense Richard Posner, one of the most important judges of the past fifty years – perhaps even more important than some of those who have sat on the Supreme Court of the United States – has suddenly declared that he is retiring. For better or for worse, Posner's influence has been felt far and wide. Career of Judge Posner Judge Richard Posner started out as a clerk for Justice William Brennan of the Supreme Court before becoming an attorney at the Federal Trade Commission (FTC) back in 1964, and then a law professor in 1968. He was nominated by then-President Ronald Reagan to a seat on the federal appellate court out in Chicago, the Seventh Circuit Court of Appeals, serving there from 1981 until announcing his retirement on September 2, 2017, effective the very next day. How Judge Posner Became Famous As a judge and as a law professor – he continued to teach at the University of Chicago while being a judge – Judge Posner became famous as the pioneer of the law and economics movement, which aimed to resolve court cases based on economic principles, particularly on the efficient allocation of resources. This had more of an impact in civil cases than criminal ones and created a host of strange outcomes that almost always favored business interests at the expense of the little guy. Posner's Impact on Criminal Law Posner's viewpoints on criminal law were mixed: While he had what could only be called “bogus” ideas on law enforcement... --- ### How Police Overreach Backfires on Law Enforcement - Published: 2017-09-07 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/how-police-overreach-backfires-on-law-enforcement/ - Categories: Criminal Defense This is the second and final blog post that deals with a recent viral video, showing a nurse in Utah getting violently arrested for refusing to let a detective perform a blood alcohol content (BAC) test on an unconscious driver. In our first post, we discussed how the BAC test would actually have been an illegal search. Here, we'll show how every time a police officer overreaches in his or her attempts to enforce a law, it makes law enforcement much more difficult in the future. Utah Incident Showcases Heavy-Handed Law Enforcement The viral video caught an incident that happened on July 26, 2017, in Salt Lake City, Utah. A detective wanted to conduct a BAC test on a truck driver who had been involved in an accident with a suspect who had been fleeing police. The officers, however, didn't have a warrant, didn't have the trucker's consent to take a blood sample, and didn't have probable cause to think that the trucker had been operating under the influence (OUI). The nurse on duty, Alex Wubbels, followed hospital policy and refused to let the detective near her patient. So the detective arrested Wubbels, dragging her from the hospital. How Overreaching Law Enforcement Backfires in the Long Run It is the job of police to root out crime and apprehend those who are committing it. However, police frequently get carried away with their job of enforcing the law, making arrests for no reason, conducting searches that violate someone's civil rights and... --- ### Viral Video Shows Police Trying to Perform Illegal Search - Published: 2017-09-05 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/viral-video-shows-police-trying-to-perform-illegal-search/ - Categories: Criminal Defense A recent viral video from Utah shows a detective unjustifiably trying to perform a blood alcohol content (BAC) test on an unconscious driver and arresting the nurse that stood up for that driver's rights. The situation highlights the cavalier attitude that many cops take to enforcing laws dealing with operating under the influence (OUI). In this blog post, we'll explain why the cop was violating the unconscious driver's rights. In the next, we'll show why the heavy-handed arrest of the nurse to try to enforce the law actually makes it far more difficult to enforce any law, in the long run. Nurse Arrested by Overreaching Police Officer The incident, which was caught on camera, happened on July 26, 2017, in Salt Lake City, Utah. There had been a terrible car accident in which a suspect fled police in a pickup truck and then slammed head-on into a tractor trailer. The suspect died in the accident. The truck driver, however, was severely burned and had to be sedated on his way to the University of Utah Hospital, arriving in a coma. Nevertheless, police wanted to perform a BAC test on the unconscious trucker. They claimed that it was to exonerate him in the accident, but that's not what police do – police search for evidence that a crime was committed, not for evidence that it wasn't. The officer who went to the hospital, detective Jacob Payne, admitted to hospital personnel that he didn't have a warrant, that the trucker wasn't under... --- ### New Executive Order Gives Police Access to Military-Grade Weapons - Published: 2017-08-29 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/new-executive-order-gives-police-access-to-military-grade-weapons/ - Categories: Criminal Defense Back in 2015, then-President Obama signed an executive order banning or restricting the kinds of military-grade equipment that police forces could buy from the federal government. However, President Trump has signed a new order that reverses the prior one, allowing police to get powerful weapons, like grenade launchers and tanks, that have no place outside of a war zone and are completely excessive for regular police activities. Growth of Militarized Policing in the U. S. The interest of local police departments using military weapons started in the mid-1990s, but accelerated rapidly after the terrorist attacks of September 11, 2001. Politicians at all levels wanted local police forces to have the ability to deal with potential terrorist attacks, and gave them the opportunity to obtain surplus military equipment straight from the armed forces. The key provision allowing this to happen was Program 1033, named after the section of the National Defense Authorization Act that permitted it. Needless to say, this spun out of control quickly, especially as spending for police grew as more politicians who were “tough on crime” got elected to office. Police departments bought so much military equipment that many police activities, even mundane ones, looked like military operations. President Obama Restricts Military Equipment in Police Work The aggressive posture that all of this military gear gave to police work became a serious problem during the period of time that saw numerous young and unarmed black men being shot and killed by police. Riots erupted in places like Ferguson,... --- ### When Police Can Cross Town Lines: The Fresh Pursuit Rule - Published: 2017-08-25 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/when-police-can-cross-town-lines-the-fresh-pursuit-rule/ - Categories: Criminal Defense There's a common misconception that police officers from one town have absolutely no power in another town. The truth, though, is far more nuanced in Maine. To make matters worse and more complicated, different municipalities can provide more or less authorization for their police to take action in neighboring localities. Thankfully, a recent Maine Supreme Court case provides an excellent example of how complicated this issue can be. Here, we'll go over what happened in the case, as well as the first layer of nuance in the issue of whether a police officer can enforce a law outside of their own jurisdiction. In a future blog post, we'll delve into the problem that arises with different towns giving different rules for their police force. What Happened in State v. Turner A Winslow police officer saw someone committing a traffic violation in Winslow, and put on his lights and sirens to initiate a traffic stop. However, the driver of the car didn't stop until passing over the border into neighboring Waterville. While in the middle of this traffic stop, the Winslow officer was distracted by a loud noise: Another car, further into the town of Waterville, was driving on the curb before disappearing down Front Street. The Winslow cop left the first driver and went into Waterville, looking for the car that had been on the curb. He found it, damaged, in a parking lot. The driver seemed to be drunk, so the Winslow officer took his license and registration before... --- ### Police Have to Wait Fifteen Minutes Before Administering a Breath Test - Published: 2017-08-23 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/police-have-to-wait-fifteen-minutes-before-administering-a-breath-test/ - Categories: OUI / DUI / DWI In a recent blog post, we focused on a recent Maine Supreme Court case that upheld a conviction for operating under the influence (OUI) based solely on evidence from field sobriety tests. A crucial piece of the case, though, was tucked away in a footnote: Evidence from a breathalyzer had been thrown out because police didn't comply with the required observation period for breath tests. This observation period is one of the ways that a skilled OUI-defense attorney can get breath test evidence thrown out. The Science of Breath Tests As we detailed in an earlier blog post, the science behind breathalyzers is not simple. It involves alcohol seeping into the blood stream only to get dropped off in your lungs as that blood passes through them. Every time you exhale after drinking, some of this alcohol comes out your mouth or nose and can be read using a breathalyzer. However, there's a lot that can happen to those wisps of alcohol between them leaving your lungs and going into a breathalyzer that can make the breathalyzer's readings unreliable. How Breath Alcohol Content Gets Contaminated There are numerous ways for the true amount of alcohol on your breath to get contaminated on its way from your lungs to the reader in a breathalyzer. For example, using mouthwash is a common way for latent alcohol to sit in your mouth. If you take a breath test soon after using mouthwash or drinking anything with alcohol in it, the results of the... --- ### Maine Supreme Court Upholds OUI Conviction on Field Sobriety Tests, Alone - Published: 2017-08-21 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/maine-supreme-court-upholds-oui-conviction-on-field-sobriety-tests-alone/ - Categories: OUI / DUI / DWI A new ruling by the Maine Supreme Court highlights how important it is to know your rights during a traffic stop for operating under the influence (OUI) and to remember that field sobriety tests are both voluntary and woefully unscientific. OUI Conviction Based on Field Sobriety Tests On November 17, 2015, just before 10 pm, a police officer in Kittery watched a car leave a bar and speed – going 42 in a 25 miles per hour zone. The officer pulled the car over and smelled alcohol, so he asked if the driver had been drinking. The driver said he had been drinking, but stopped nearly 5 hours before. When the officer asked if he would step out of the car and perform some field sobriety tests, the driver agreed. The driver was put through the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test, failing all of them. The driver also was given a breathalyzer test before being arrested for OUI. As the case moved towards a trial, the driver challenged the breathalyzer results and managed to get them thrown out on a technicality: The officer did not wait fifteen minutes before administering the breath test, raising the possibility of the driver's breath test result is scientifically unreliable. Getting a breath test thrown out is usually a big deal because prosecutors rely heavily on it as evidence of an OUI. Nevertheless, when the case went to trial, the driver was convicted of drunk... --- ### Predictive Policing Contest Fraught With Problems - Published: 2017-08-16 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/predictive-policing-contest-fraught-with-problems/ - Categories: Criminal Defense The National Institute of Justice (NIJ), the agency of the U. S. Department of Justice that's responsible for research and development of law enforcement techniques, recently named the winners of its “Real-Time Crime Forecasting Challenge,” a data science contest for predictive policing with over a million dollars in prize money available. However, even more than the skills and talents of the contestants, the contest showcased the pitfalls and the dangers of using data science, algorithms, and predictive policing as a law enforcement tool. Instead of serving as an insight into the powers of predictive policing, the Real-Time Crime Forecasting Challenge was a disturbing example of how algorithmic law enforcement solutions are fraught with crippling biases and state-sponsored discrimination, even before it ever gets off the ground. The Real-Time Crime Forecasting Challenge The NIJ's challenge sought submissions from students and businesses, and had three aims: Harness data science advances in other fields to crime forecasting, Encourage scientists from all fields to consider the challenges of crime and justice, and Conduct the most comprehensive comparative analysis of crime forecasting software and algorithms to date. Contestants were presented with a problem: Submit a prediction of crimes that would happen in certain areas of Portland, Oregon, for the period of March through May 2017, based on five years of past crimes, as reported by the city's police department. Winners would bring home a share of the prize money. The loser, however, was already determined: It would be all of American society. Predictive Policing Uses... --- ### Tiger Woods Takes OUI Diversion Program in Plea Deal - Published: 2017-08-14 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/tiger-woods-takes-oui-diversion-program-in-plea-deal/ - Categories: OUI / DUI / DWI Back in June, legendary golfer Tiger Woods was arrested for operating under the influence (OUI) in Florida. As we detailed in our blog back then, he'd been found asleep in his car on the side of the road, was disoriented when police apprehended him, and seemed impaired, despite blowing a 0. 00% on a breathalyzer. He was arrested and charged for OUI as it came out that he was taking several medications for his back pain, which led to an unexpected reaction. Now, Woods has entered into a diversion program in Florida as a part of a plea deal. OUI Diversion Programs A diversion program is a way for OUI offenders – often first time offenders who otherwise have a clean criminal record – to avoid the penalties that come with an OUI conviction that often decimate their driving privileges. Instead, OUI defendants plead to a lesser charge, typically reckless driving, and agree to complete the numerous requirements of the diversion program, which often include alcohol or drug classes, community service, and paying fines. Typically, if an OUI defendant takes a diversion program but then fails to complete the requirements, the lower charge disappears, the OUI charge comes back, and the defendant has to plead guilty to it. However, not all states have a diversion program, and each state's program is slightly different. The diversion program that Woods entered into in Florida involves: A guilty plea to one charge of reckless driving, One year of probation, 50 hours of community... --- ### Alternative Charges and Lesser Included Offenses - Published: 2017-08-11 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/alternative-charges-and-lesser-included-offenses/ - Categories: Criminal Defense In a recent blog post, we discussed lesser included offenses and the merger doctrine. Together, these two legal ideas prevent you from being convicted under different criminal statutes for the same act, in violation of the Double Jeopardy Clause of the U. S. Constitution. However, this only applies to criminal convictions. You can still be charged for both a crime and for all of that crime's lesser included offenses. In fact, criminal suspects in Maine are frequently charged for all of these infractions: It is a very common prosecutorial tactic, meant to provide law enforcement a kind of safety net if they are not able to prove everything necessary for the most serious offense they're charging. Lesser Included Offenses Some crimes in Maine are, in essence, made up of a different crime, plus an additional factor. Some others are basically just two different crimes, rolled into one. For example, murder is basically manslaughter, plus the intent to kill, while robbery is essentially theft and assault, rolled into one act. A “lesser included offense” is one of those smaller crimes that is a necessary component of a larger crime. In the case of robbery, for example, both theft and assault are lesser included offenses. Alternative Charges Can Be for Lesser Included Offenses If you get arrested for a crime, you can find yourself being charged for that crime, as well as any lesser included offenses of that particular crime. This can create an overwhelming feeling of being charged for everything in... --- ### The Fourth Amendment and Dorm Rooms - Published: 2017-06-28 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/the-fourth-amendment-and-dorm-rooms/ - Categories: Criminal Defense Over the course of your daily life, the rights guaranteed to you by the Fourth Amendment are constantly helping you. Were it not for your rights to be free from unreasonable searches and seizures, you could never rest assured that police and other law enforcement officers would not barge into your house or detain you on the street for a pat-down. However, the Fourth Amendment does not prevent police from searching for evidence of a crime in all situations. Instead, it only covers “persons, houses, papers, and effects. ” This raises an interesting issue that is especially for college students and high schoolers who are on their way to college – is a dorm room considered a “house” and therefore covered by the Fourth Amendment's protections? The answer is yes, but with one important caveat. The Fourth Amendment and Dorm Rooms The very text of the Fourth Amendment extends its protections to your house. However, not everyone owns a house. Many people live in different situations, from renters to boarders to guests to students in a dorm room. This is why the protections of the Fourth Amendment have been extended beyond just the “house” – courts have focused less on whether you own the house involved and more on whether it's reasonable for you to expect to private there. As a result, the Supreme Court of the United States has extended the Fourth Amendment's protections against unreasonable searches and seizures to people who are in hotel rooms and to people... --- ### Supreme Court Raises Materiality Requirement for Brady Disclosures - Published: 2017-06-27 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/supreme-court-raises-materiality-requirement-for-brady-disclosures/ - Categories: Federal Charges A new decision on an old case from the Supreme Court of the United States makes it more difficult for criminal defense attorneys to do their jobs by allowing prosecutors to withhold crucial evidence under the guise that it's not “material” enough for disclosure. The Case of Turner v. U. S. The case all started back in 1984 when a woman, Catherine Fuller, was found dead in an alley by a parking garage in Washington, D. C. Seven young men, including Christopher Turner, were arrested and convicted for her murder one year later. Prosecutors managed to convince a jury that the seven teens attacked Fuller as a group in an attempt to rob her, but that the robbery went awry. In 2010, though, new details began to emerge that might have changed things at trial. Prosecutors had found several witnesses who claim to have seen one man – not a group of teens – in circumstances that suggested that he was the one who committed the murder. Additionally, prosecutors had found reasons to doubt the testimony of several of the witnesses that were crucial in the convictions of the seven teens. None of that evidence, though, had been disclosed to the defense teams because prosecutors had decided that it wasn't important enough. Brady Rules and Evidence Disclosure Under the Brady Rule, prosecutors are supposed to disclose evidence that is favorable to the defense. However, only evidence that is “material” – that which has a “reasonable probability” of changing the outcome... --- ### Blue Lives Matter Laws Abuse the Very Essence of Hate Crime Legislation - Published: 2017-06-23 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/blue-lives-matter-laws-abuse-the-very-essence-of-hate-crime-legislation/ - Categories: Criminal Defense Another state has passed reactionary legislation that makes it a hate crime to assault a police officer. This worrisome trend not only has serious repercussions that go against someone's civil liberties but also grossly misunderstands how hate crimes actually work. Texas Passes Hate Crime Law for Police The state legislature in Texas recently passed a bill that made it a hate crime to attack a police officer or other first responder. Governor Greg Abbott signed the law on June 6, making Texas one of a handful of states to have passed so-called “Blue Lives Matter” laws since Louisiana paved the way in 2016. Like others, Texas' version drastically increases the penalties that someone can face for assaulting or for even threatening a police officer. Under the new law, doing so would be a felony in the state, and can lead to life in jail if it results in serious bodily injury. Numerous other states, including Maine, are considering similar laws. Reactionary Nature of “Blue Lives Matter” Laws The popularity of these laws has swept the nation in the past year, largely since the Dallas shooting, which left a pair of uniformed police officers dead. States – especially conservative states who favor “hard on crime” tactics – have raced to be the first to pass laws protecting law enforcement officers. Unfortunately, these emotional races to enact these laws perverts the meaning of what a hate crime means, and will only increase the animosity that the public has against the police. New... --- ### Totally Banning Sex Offenders from Accessing Social Media Violates First Amendment - Published: 2017-06-21 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/totally-banning-sex-offenders-from-accessing-social-media-violates-first-amendment/ - Categories: Sex Crimes The Supreme Court of the United States has just made a landmark ruling in a case that we covered in an earlier blog post, protecting the First Amendment rights of people who have been charged with a sex crime. Supreme Court Hears Case Barring Sex Offenders from Social Media The case, Packingham v. North Carolina, dealt with a 21-year-old man from North Carolina, Lester Packingham, who pleaded guilty in 2002 to having sex with a 13-year-old. Under North Carolina's law, he had to register as a sex offender. Then, in 2008, North Carolina enacted a law making it a felony for a registered sex offender to use a handful of websites, including social media sites like Facebook and Twitter. In 2010, Packingham was caught using Facebook and charged with a felony. He was convicted, and his appeals got all the way to the Supreme Court. Total Bans on Access to Social Media Violate the First Amendment The Supreme Court was unanimous is deciding that Packingham's First Amendment rights had been violated by North Carolina's criminal statute. While some of the Justices disagreed on why this was the case, they all agreed on one thing: A total ban went too far. One of the key issues with North Carolina's law was that the kind of websites that it barred registered sex offenders from using was very broad, going well beyond just traditional social media sites like Twitter. Even though the whole point of the law was to prevent sex offenders from... --- ### Teen Arrested Twice for OUI Within Three Hours - Published: 2017-06-19 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/teen-arrested-twice-for-oui-within-three-hours/ - Categories: OUI / DUI / DWI A driver in Wisconsin was arrested for operating under the influence (OUI) twice in the span of three hours. The situation highlights the importance of letting alcohol dissipate after being arrested, and shows how other people can be pulled into the criminal justice system in an OUI case. Two OUI Arrests in Three Hours The incident happened in Ashwaubenon, Wisconsin. At 4:20 am on June 4, 2017, 18-year-old Preston Bierhals caused a car accident when he lost control of his vehicle and slammed into a light pole. He was on his way back from a high school graduation party. When police came to the scene, Bierhals said he was trying to make a phone call on his cell phone when he lost control. However, the police thought that he was under the influence and gave him field sobriety tests, which he failed. A subsequent test for blood alcohol content (BAC) found that Bierhals' was at 0. 157%. This was above the legal limit of 0. 08% for adults, though Bierhals was only 18, so his legal limit was 0. 00%. After processing Bierhals for a first-offense OUI, police released him when an adult came to the station and signed a Responsibility Agreement for Bierhals. One aspect of the Agreement was that the adult signing it promised not to let Bierhals drive a vehicle for the next twelve hours. At 7am, though, a police officer who was familiar with Bierhals' first OUI arrest saw him driving another car. The officer pulled... --- ### Court Allows Probation Condition that Waives Fourth Amendment Rights - Published: 2017-06-15 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/court-allows-probation-condition-that-waives-fourth-amendment-rights/ - Categories: Criminal Defense One of the greatest protections guaranteed to you by the Fourth Amendment is your freedom from warrantless searches unless they fit within a handful of exceptions. However, prosecutors and law enforcement continually try to squeeze everything they can into those exceptions, and judges don't want to seem “soft on crime,” so they allow it to happen. An excellent example of this in action comes from a recent case from upstate New York, where an appeals court just rubber stamped a juvenile's agreement to let police search him, as a part of his probation. Teen's Probation Included Agreement to Consent to Searches In New York v. King, a 16-year-old with a history of drug and alcohol abuse pled guilty to a charge of attempted sexual abuse. Importantly, the charge he pled guilty to included allegations that he'd exposed his 10-year-old victim to pornography and drugs. During the sentencing phase of his trial, the defendant agreed to conditions attached to his probation. One of these conditions was that the boy, who was still underage at the time of the appeal court's decision, sign an agreement to waive his Fourth Amendment rights and allow law enforcement to search him, his home, and his belongings for evidence of a similar crime he'd been convicted for. This effectively gave the police his consent to search whenever they wanted, without having to go through the process of getting a warrant. Appeals Court Finds Agreement Reasonable Unfortunately, the court of appeals that heard the case decided that... --- ### Supreme Court Might Be About to Change the Third Party Doctrine in Criminal Cases - Published: 2017-06-12 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/supreme-court-might-be-about-to-change-the-third-party-doctrine-in-criminal-cases/ - Categories: Criminal Defense In a handful of last year's blog posts, we detailed the third party doctrine, and how it allowed police to gather evidence that you committed a crime, without a warrant, if you voluntarily provided that information to third parties. This allows police to search through your garbage (you're voluntarily giving it to the garbage collectors) and your cell phone records (your cell phone provider stores this information for its billing process) without getting a warrant, first. Now, though, the Supreme Court of the United States has agreed to take another look at this flawed concept. It could signal a huge shift in criminal defense law. Supreme Court Accepts Case Dealing with the Third Party Doctrine The case, Carpenter v. United States, involves a suspect who the police linked to a handful of theft crimes by using his cell phone calls. Police officers – acting without a warrant – obtained cell phone information for Timothy Carpenter from his cell phone provider. This information revealed that he was in the vicinity of numerous robberies in the Detroit area. During trial, Carpenter argued that this information violated his Fourth Amendment rights because it was a warrantless search that did not fall within one of the few exceptions to the warrant requirement. However, the court – both at trial and on appeal – said that it was not technically a “search” because of the third party doctrine. Carpenter appealed from the appellate court to the U. S. Supreme Court and, on June 5, the... --- ### Tiger Woods' Arrest for OUI Highlights Draconian Laws - Published: 2017-06-09 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/tiger-woods-arrest-for-oui-highlights-draconian-laws/ - Categories: OUI / DUI / DWI At this point, nearly everyone has heard of the legendary golfer Tiger Woods being arrested for operating under the influence (OUI) in Florida. The incident, however, highlights two important things about OUI law – it applies to people who innocently take medications that can have serious side-effects, and that it can have draconian repercussions to people who have actually done nothing wrong. Tiger Woods Arrested for OUI The incident happened early in the morning of Memorial Day in Juipter, Florida. Police officers there found the former professional golfer asleep in his Mercedes Benz, which was improperly parked on the side of the road. After being woken up, Woods was groggy, had difficulty talking or interacting with the police, and was unable to pass any field sobriety tests. However, when he took a breathalyzer, he blew a 0. 00%, confirming his claim that he hadn't been drinking. During the police stop, though, Woods admitted that he'd been taking prescription medications – presumably for a back surgery he'd had a month earlier – and that he was suffering from an unexpected reaction to them. However, because Florida's OUI law prohibits both drunk and drugged driving, Woods was arrested and charged with OUI. Prescription Medications Can Lead to an OUI An important takeaway from Tiger Woods' OUI situation is that prescription drugs – even if they are being taken according to doctor's orders – can be the basis for an OUI charge. The OUI laws in many states, including the OUI law in... --- ### Can You Be Too Drunk to Consent to a BAC Test? - Published: 2017-06-07 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/can-you-be-too-drunk-to-consent-to-a-bac-test/ - Categories: OUI / DUI / DWI A recent case in Colorado dealt with that state's implied consent and operating under the influence (OUI) laws, and decided that, no, a driver can't be too drunk to consent to a blood alcohol content (BAC) test. People v. Simpson The case, People v. Simpson, involved a driver, William Paul Simpson, who was pulled over in Colorado. The police officer had noticed that he'd hit the curb four times, turned across a median, and then oversteered into oncoming traffic. When the officer asked Simpson if he'd been drinking, he said that he had. Simpson was unable to get out of his pickup truck without help, so the officer brought him straight to the hospital for medical assistance. Just like in Maine, Colorado has an implied consent law, which states that anyone who drives on the state's roads consents in advance to a BAC test if a police officer requests one. The officer requested that Simpson take a blood test at the hospital, and asked him to give his written consent on an official form. Simpson signed it, and then took the test, which revealed that he had a BAC of 0. 448%, more than five times the legal limit. At Simpson's trial for OUI, he tried to claim that he had been too drunk to consent to the BAC test, and that this meant that the results of it should be thrown away. Can You Be Too Drunk to Consent to a BAC Test? The case reached the Colorado Supreme... --- ### Maine Supreme Court Allows Traffic Stop Without Lights or Sirens - Published: 2017-05-31 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/maine-supreme-court-allows-traffic-stop-without-lights-or-sirens/ - Categories: Federal Charges A new ruling by the Supreme Court of Maine deals with the kinds of signals that police have to send in order to conduct a traffic stop. Unfortunately, the decision protects cops who make confusing signals, putting people in a difficult position where they don't know what's going on, but could face legal trouble for acting improperly. Cop Conducts Traffic Stop Without Turning Lights On The case, Maine v. Blier, dealt with a traffic stop at 10:30 pm on June 14, 2015. A Fort Kent police officer saw a car, driven by Dale Blier, with defective license plates. Instead of turning out his sirens and flashing lights, though, the officer turned on his cruiser's “wig wag” lights. These alternately flash the cruiser's headlights, first on one side of the car, then on the other. Like many people in this situation, Blier didn't think he had to pull over. He continued to drive for about 860 more feet and then turned into his driveway. The officer followed him, only turning on the flashing blue lights on top of his cruiser when he was in Blier's driveway. The officer never turned on the sirens. When the officer caught up with Blier, Blier had keyed into his home and was over the threshold. The officer told Blier that he “needed” to return to his car to show his license and registration. While Blier did this, the officer noted the smell of alcohol, conducted field sobriety tests, and made an arrest for operating under... --- ### When Courts Have to Guess What the Law Says: Implying a Culpable State of Mind - Published: 2017-05-29 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/when-courts-have-to-guess-what-the-law-says-implying-a-culpable-state-of-mind/ - Categories: Criminal Defense With the huge impact that they can have on your life, you would expect criminal statutes to be meticulously crafted and carefully written so that there was no doubt what they meant. The reality, though, is very different. The ability of lawmakers to make and then pass statutes that are clear and unambiguous runs completely across the spectrum of competence. Unfortunately, if you've been charged with the crime of violating a statute that was poorly written, it can create confusion and ambiguity that can impact your life. One way that this can happen is when a criminal statute fails to state a culpable state of mind. Luckily, the Maine State Legislature has accounted for this. Here's what happens. The Problem: No Culpable State of Mind in a Criminal Statute As a society, we tend to agree that it's worse to do something bad, intentionally, than it is to do it unintentionally. That's why the law looks at intent so closely when it hands out criminal penalties. However, breaking all conduct down into things that were done intentionally or unintentionally doesn't account for a lot of nuances. That's why the law in the state of Maine recognizes four culpable states of mind. In descending order of criminality, these are intent, knowledge, recklessness, and negligence. Criminal laws, like murder or manslaughter, require prosecutors to prove that the defendant did the act with the specified mental state. Unfortunately, poorly worded criminal laws sometimes skip this step, but nevertheless seem to suggest that a... --- ### Deer Driving Case Makes it to the Maine Supreme Court - Published: 2017-05-25 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/deer-driving-case-makes-it-to-the-maine-supreme-court/ - Categories: Federal Charges The Maine Supreme Court recently handed down a decision on an issue near and dear to many Mainers, but that almost never gets any attention in the court system: Deer hunting. The case involved the controversial strategy of “deer driving,” and the level of intent necessary to support a conviction. What Happened The case, Maine v. Siracusa, came from a hunting party in November 2014. Four people, including Michael Siracusa and an undercover game warden, went hunting in Parsonsfield, Maine. Siracusa and another hunter stood near a pit in the woods while the other two started from other areas of the woods and walked towards the pit. The result was a “deer drive” – the walkers herded any deer in the area towards the pit, where Siracusa and the other hunter were waiting. Deer Driving is Illegal in Maine Unfortunately, in Maine, driving deer is illegal. Title 12 §11453 makes it a Class E crime to even participate in a deer hunt when there is an organized or planned effort to drive deer, and specifies that four or more people “working together to move deer” constitutes a drive. What §11453 does not specify, though, is whether someone has to have a culpable state of mind in order to be convicted. That became one of the focuses of the case surrounding Siracusa – while prosecutors argued that deer driving was a strict liability crime and that Siracusa could be convicted simply for being present, Siracusa argued that he could only be... --- ### New Case Strengthens Harmless Error Rule, Making Appeals More Difficult to Win - Published: 2017-05-15 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/new-case-strengthens-harmless-error-rule-making-appeals-more-difficult-to-win/ - Categories: Criminal Defense In a recent blog post, we discussed the harmless error rule. This rule makes a difference if you've been convicted for a crime and want to appeal your case. Even if the appellate court decides that your constitutional rights to a fair trial were violated, the harmless error rule requires the court to also determine whether the violation was the difference between your conviction and another outcome. This adds another obstacle to the appeal process. A new case, though, can make this obstacle even steeper. Case Makes Harmless Error Rule Even More Difficult to Overcome The case started at a trial for a sex crime in Florida. There, the prosecutor was questioning one of its witnesses when, suddenly, the criminal defense attorney entered the courtroom. He'd stayed out for the lunch recess for a few minutes too long, and no one had noticed his absence before resuming the trial. The defense attorney missed seven minutes of the trial and the answers to 18 of the prosecutor's questions. When he was convicted, the defendant appealed his case, claiming that he was denied a fair trial because of the absence of his attorney. Presumptions in the Harmless Error Rule Previous cases dealing with the harmless error rule have carved out automatic exceptions to the rule. These exceptions are when the constitutional violation during trial was so severe that there's a presumption of prejudice against the defendant that requires the appellate court to take action. One of these exceptions is when the defense... --- ### The Harmless Error Rule: An Overview - Published: 2017-05-11 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/the-harmless-error-rule-an-overview/ - Categories: Criminal Defense Out of all of the ways that the criminal justice system is stacked against someone who's been charged with a crime, the harmless error rule is one of the worst. As we'll point out in this blog post, the harmless error rule makes it far more difficult to overturn a criminal conviction on an appeal. As we'll point out in our next blog, a recent court case has made the harmless error rule even stronger, making it somehow even worse for criminal defendants. The Harmless Error Rule The U. S. Constitution guarantees your right to a fair trial, if you should ever face one for a criminal charge. However, because lawyers and judges are not superhuman, it is often said that this guarantee is for a fair trial, and not a perfect one. Sometimes, mistakes are made during a trial, and these mistakes can result in your conviction when you should really have been acquitted. This is why criminal convictions can be appealed to a higher court, and where your criminal defense attorney can argue your case that the mistake made in trial changed the outcome of it. If the appellate judges agree, your conviction can be thrown out, or the case can be sent back down for another trial. The harmless error rule, though, rests on the idea that not all mistakes made in trial – even if those mistakes infringed on your constitutionally guaranteed rights – will make the difference between a conviction and an acquittal. Some mistakes... --- ### Protester Convicted for Laughing During Sessions' Confirmation Hearing - Published: 2017-05-09 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/protester-convicted-for-laughing-during-sessions-confirmation-hearing/ - Categories: Criminal Defense In one of the most shocking verdicts of the last few years, a protester was convicted for laughing too hard at the confirmation hearing of Senator Jeff Sessions. However, while many people see this as nothing but an outrage, there are several important facts to remember before damning the verdict and the whole process. What Happened On January 10, 2017, President Donald Trump's nominee for the Attorney General of the United States, Jeffrey Sessions, had a confirmation hearing at the U. S. Senate. Republican Senator Richard Shelby introduced Sessions at the hearing, saying that Sessions had an “extensive record of treating all American equally under the law. ” This statement is, indeed, laughable, and a 61-year-old protester in the gallery of the hearing room, Desiree Fairooz, laughed out loud. Her laughter – which can be heard in the sequence starting at the 1:13 mark in this video – didn't impact the hearing, but her later conduct did. Fairooz was arrested by a rookie police officer – in her second week on the job – and ended up being charged for disorderly conduct and for demonstrating inside a building on Capitol Hill. She was subsequently convicted, making many political pundits claim Sessions was abusing his power at Attorney General by censuring dissent. However, while this might seem to be the case at first sight, there are several factors to keep in mind. Conviction Was Handed Down by a Jury The first thing to remember is that the conviction was given by... --- ### Supreme Court Seems to Admit Distrust of Law Enforcement Requires Judicial Intervention - Published: 2017-05-08 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/supreme-court-seems-to-admit-distrust-of-law-enforcement-requires-judicial-intervention/ - Categories: Federal Charges A new legal article deals with an important issue that we discussed in our blog back in October, 2016: A Supreme Court case that dealt with implied consent crimes. In that case, Birchfield v. North Dakota, the Supreme Court of the United States was faced with a difficult decision – whether police could conduct a warrantless blood or breath test on drivers they suspected of operating under the influence (OUI) when a refusal was a crime. The law review article, however, focuses on how the Court's decision relies on a deep distrust of law enforcement. Birchfield v. North Dakota The Birchfield case involved two different OUI charges – one person was arrested for OUI in North Dakota, but refused to submit to a blood test, while another was arrested in Minnesota but refused to take a breath test. Importantly, in both of these states it's a crime to refuse to take one of these blood alcohol content (BAC) tests. The Supreme Court heard these cases and decided that, when it was a crime to refuse the tests, it violated the Fourth Amendment to conduct a warrantless blood test, but was okay to do a warrantless breath test. The crux of its decision was based on a person's expectation of privacy: Blood testing was more invasive than a breath test, gathered far more information, and was more readily storable. However, a new law review article uncovers a different facet to this rationale. Anxiety and Distrust of Law Enforcement The article, which... --- ### Apparent Intention to Speed Does Not Support a Traffic Stop - Published: 2017-05-04 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/apparent-intention-to-speed-does-not-support-a-traffic-stop/ - Categories: Criminal Speeding If a police officer is going to pull you over for drunk driving, they need to have probable cause that you're violating the law before they put on their lights and sirens and conduct a traffic stop. What “probable cause” means, though, is a difficult question to answer, and is often left for courts and judges to decide on a case-by-case basis, with each decision being used as an example of when the probable cause requirement was met, and when it wasn't. A recent case out of Kansas, for example, provides another clear instance of when police do not have probable cause to pull someone over for operating under the influence (OUI). Driver Pulled Over for Looking Like He Was About to Speed One January evening in 2013, a Kansas police officer was at a red light when he saw another vehicle “power braking” – hitting both the gas and the brake pedals at the same time to make the rear wheels spin without the car going anywhere. Knowing that power braking was a sign of a drag race, the officer prepared to conduct a traffic stop as soon as the light turned green and the car sped away. However, when the light turned green, the other car didn't race off. Instead, it drove along at a very normal speed. Nevertheless, the officer pulled him over, anyway for violation of a Kansas law prohibiting and unlawful “exhibition of speed or acceleration. ” During the traffic stop, the driver took and... --- ### Thousands of Cases Dismissed for Relying on Tampered Evidence - Published: 2017-04-26 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/thousands-of-cases-dismissed-for-relying-on-tampered-evidence/ - Categories: Criminal Defense Neighboring Massachusetts is still dealing with the repercussions of their rogue state chemist, Annie Dookhan. This past week, prosecutors took the next step in the process: They filed a list of the people whose case could be dismissed because of Dookhan's conduct. Massachusetts State Chemist Tampers With Evidence The whole situation started back in 2003. Annie Dookhan strove to impress her supervisors as a state chemist working in Boston, Massachusetts. Her job was to analyze samples from people who were charged with drug crimes, and regularly outpaced the other workers in the lab. Unfortunately, Dookhan's impressive performance was not because of her work ethic or skills. They were because she simply wasn't testing all of the samples. One of her favorite tactics was “dry labbing,” where she would test a couple of samples and then report the same results for numerous other samples, as well. Those untested samples, therefore, were labeled as positive for drugs, resulting in criminal charges being filed against innocent people. Dookhan's evidence tampering went on for years, putting thousands of people into the criminal justice system who did not deserve it. Her actions only came to light in 2012. In all, her conduct cast doubt on 40,000 cases, including 20,000 convictions. Prosecutors Throw Out Thousands of Cases After Dookhan's conviction for evidence tampering and numerous other charges in 2013, judges in Massachusetts had to review the cases her evidence had been used for. After prosecutors dragged their feet, the courts forced them to make two lists... --- ### Arkansas Shows Off the Horrors of the Death Penalty - Published: 2017-04-25 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/arkansas-shows-off-the-horrors-of-the-death-penalty/ - Categories: Criminal Defense Arkansas has been in the headlines recently for its unprecedented decision to execute no fewer than 8 death row inmates in a span of just 11 days. The sudden flurry of executions is chilling. However, it is even more bothersome because the reason for the furious pace is simply that one of the chemicals used in Arkansas' lethal injection cocktail – one that is already controversial – is about to expire. The issues surrounding the situation implicate numerous aspects of the Eighth Amendment's prohibition against cruel and unusual punishments. Already, several inmates have been executed. One of them had even maintained his innocence all the way up to the execution. The Arkansas Execution Process Unlike Maine, Arkansas is one of the 31 states in the U. S. that uses capital punishment for certain crimes. The most common execution method in the United States is lethal injection, though many states, including Arkansas, also use others, as well. Different states use different injection methods, though. According to the Death Penalty Information Center, six states use a lethal injection that consists of an overdose of a single anesthetic drug, pentobarbital. Arkansas, however, is one of the numerous states that use a combination of three drugs for their lethal injection process. However, numerous companies have refused to sell their drugs to states for use in executions, forcing states to scramble for other sources, stockpile chemicals, or use alternatives. One of the alternatives that Arkansas has adopted is the drug midazolam, which is used as... --- ### The Lack of Science Behind Marijuana Laws - Published: 2017-04-24 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/the-lack-of-science-behind-marijuana-laws/ - Categories: Drug Crimes One of the most polarized and confusing aspects of the American criminal justice system today has to do with marijuana. In the past 20 years alone, 28 states in the U. S. have legalized marijuana for medicinal uses. A small handful has legalized it for recreational use, as well. However, the federal government insists that it's one of the most dangerous drugs out there and, with Jeff Sessions as the U. S. Attorney General, is vowing to step up its enforcement of federal drug laws. How can different governmental agencies have such radically different ideas on marijuana? The answer is actually astoundingly simple: No one knows much about the drug, because research into its benefits or harms is often actively squelched by the government. There's a Lack of Research When it Comes to Marijuana The amount of scientific evidence surrounding marijuana, its effects on people, and whether it's a benefit or a harm in certain medical situations is shockingly slim. While there have been more than 10,000 studies published on the drug since 1999, many of them are poorly done, have small sample sizes, or rely on anecdotal or other non-scientific evidence. The National Academies of Sciences, Engineering, and Medicine recently reviewed these studies in an attempt to accumulate and evaluate all of the evidence that scientists have found out about marijuana. Their report, which is nearly 400 pages long, highlights how little is actually known about the drug. For example, the report only found that there was “conclusive evidence”... --- ### Addiction Should Not Be Treated as Voluntary Intoxication - Published: 2017-04-21 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/addiction-should-not-be-treated-as-voluntary-intoxication/ - Categories: OUI / DUI / DWI The American criminal justice system makes a point of punishing people more if they intentionally do something that breaks the law. When a criminal act is done intentionally, it means that the person doing it considered other options, and yet still decided to take the course of action that they did. The law thinks that this is more of a problem than when people do something illegal without really intending to do it. This is why Maine and many other states in the U. S. use four different mental states in their criminal laws – intent, knowledge, recklessness, and negligence. Most criminal statutes require a defendant to commit the crime while under one of these mental states in order to be guilty of the crime. However, one problem with these states of mind is that alcohol or drugs can drastically impact someone's ability to function. That's why, as we discussed in a recent blog post, Maine allows voluntary intoxication to be a defense to criminal charges if the crime requires you to act intentionally or knowingly, but not if it only requires you to act recklessly or negligently. Now, though, there is a movement to recognize the fact that intoxication and addiction are two different things, and that addiction should be treated differently. Intoxication and Addiction A key piece of how Maine handles intoxication for criminal charges is that it differentiates between voluntary and involuntary intoxication. Being involuntarily intoxicated – if someone else drugs you and you then commit a... --- ### The Intoxication and Mens Rea Defense in Maine > Intoxication can impact mens rea in Maine criminal cases, potentially affecting intent and culpability. See if this defense may apply to you. - Published: 2017-04-19 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/the-intoxication-defense-in-maine/ - Categories: OUI / DUI / DWI In the United States, our criminal justice system makes a point of focusing more on criminal acts that were intentionally done than on those that were accidental. Because of this focus on a defendant's mental state, many crimes in the U. S. and in Maine have a mens rea requirement. Latin for “guilty mind,” the mens rea component of a particular crime depends on the criminal statute or on prior cases interpreting the statute, and requires the prosecutor to show that the defendant had a culpable mind while committing the allegedly criminal act. However, an important issue is the effect that intoxication has on mens rea. After all, one of the crucial components of drugs or alcohol is that it alters your state of mind, making it more difficult for you to create an intention or to knowingly do something. Intoxication and Mens Rea in Maine Crucially, Maine recognizes that there are four different levels of mens rea – you can act intentionally, knowingly, recklessly, or with criminal negligence. Different crimes require different mental states. For example, murder requires you to act intentionally or knowingly, while manslaughter only requires you to act recklessly or negligently. This often results in harsher penalties for crimes that are committed with highly culpable minds than for those that are committed accidentally. When you get intoxicated, though, determining your mental state becomes more difficult. You're less able to make decisions or appreciate the consequences of your actions when you drink heavily or do drugs. Intoxication... --- ### Your Car Can Be Seized If You Get Convicted for OUI in Maine - Published: 2017-04-10 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/your-car-can-be-seized-if-you-get-convicted-for-oui-in-maine/ - Categories: OUI / DUI / DWI If you get pulled over for operating under the influence (OUI) in the state of Maine, you could face criminal charges and severe penalties if you get convicted on them. However, the penalties of an OUI conviction can go beyond just a fine, license suspension, and potential jail time. In some cases, your car can be seized by law enforcement through civil asset forfeiture and sold by the state of Maine. Civil Asset Forfeiture In several of our recent blog posts, we covered the practice of civil asset forfeiture. The controversial method of law enforcement allows police to seize cash and other things that were used in furtherance of an alleged crime and later sell it at auction, even if no one ever gets convicted for the crime. While Congress is considering a bill that would rein in the practice, it's still an unfortunate part of our criminal justice system. Vehicle Forfeiture for OUI Offense in Maine In Maine, police have the legal authority to seize your vehicle after arresting you for OUI. In fact, under Maine law, police are required to seize your car if you're driving while under the influence and currently have your license suspended for a prior OUI offense. However, even though they technically can seize your car in these circumstances, police rarely do so. This is often because the process of seizing and then selling a vehicle through civil asset forfeiture becomes complicated or even worthless, depending on who owns the car. For example, cars... --- ### Report Shows How Bad Civil Asset Forfeiture Has Become - Published: 2017-04-07 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/report-shows-how-bad-civil-asset-forfeiture-has-become/ - Categories: Criminal Defense In one of our recent blog posts, we discussed how several politicians in Congress were finally pushing for civil forfeiture reform. The practice of taking property associated with a suspected crime had blown out of control, with law enforcement agencies taking more and more property that was only tenuously related to a crime. Now, a report by the Department of Justice sheds light on just how bad the practice has become. Civil Asset Forfeiture Civil asset forfeiture is a law enforcement technique that allows police to seize property – from cash to cars to drugs – that they suspect of being used in a past crime or will be used in one in the future. In theory, the goal is to better hamper large-scale crime rings by taking their assets. In reality, though, civil asset forfeiture has turned into a way for local police departments to make money. New Report Shows Abuse of Civil Forfeiture A new report by the Department of Justice shows just how badly civil asset forfeiture has strayed from its purported goals. The report, which came out in March, looked into what little-reported data there was that dealt with the effectiveness of civil asset forfeiture, and found that, more often than not, assets were taken from people who never got charged with a crime. Focusing on one agency – the Drug Enforcement Administration (DEA), which conducts most of the cash forfeitures in the country – the report honed in on a judgmental sample of 100 cash... --- ### When Handcuffs Do Not Put You in Custody - Published: 2017-04-05 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/when-handcuffs-do-not-put-you-in-custody/ - Categories: Criminal Defense In a pair of last year's blog posts, we talked about Miranda warnings, and how they're only required after you've been taken into “custody,” which is not a simple concept. Now, a new case out of Maine showcases just how complex the idea of custody can become. Traffic Stop, “Detention,” and Arrest In April, 2016, police had found evidence that Luis Medina was committing identity fraud by using a different name to get a driver's license. When they saw his car on the road, police conducted a traffic stop. The police officer conducting the stop immediately asked Medina to turn off the engine and get out of the car. Noting that Medina was “in very good physical shape,” the officer put him in handcuffs. Because the officers didn't think that this was “custody,” they didn't tell Medina of his Miranda rights, including the right to be silent. The police then questioned Medina through an interpreter. What Medina said was used as evidence that he was committing identity fraud. Medina was then fingerprinted before the police, finally, gave him his Miranda warning. Medina was charged with identity fraud, and his criminal defense attorney argued that, because he was in custody but hadn't been Mirandized, what Medina said couldn't be used in trial. However, in United States v. Medina, the federal court in Maine disagreed. When Being Handcuffed Does Not Put You in Custody As soon as you get put in custody, police have to tell you of your Miranda rights before... --- ### What's the Difference Between Gross Sexual Assault & Unlawful Sexual Touching in Maine? > Whether you've been charged with gross sexual assault or unlawful sexual touching in Maine, both are serious crimes. Call before it's too late. - Published: 2017-04-03 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/what-is-the-difference-between-gross-sexual-assault-and-unlawful-sexual-touching-maine/ - Categories: Gross Sexual Assault, Sex Crimes, Unlawful Sexual Touching Updated: May 15, 2024 Sex crime laws in Maine can be complex and confusing—especially when it comes to distinguishing between charges like gross sexual assault and unlawful sexual touching. While both offenses fall under Maine’s criminal code and involve non-consensual sexual contact, they differ significantly in terms of legal definitions, severity, and potential penalties. Understanding these distinctions is crucial—whether you’re under investigation, have been formally charged, or are simply trying to make sense of the law. The consequences of a conviction can be life-altering, ranging from misdemeanor penalties to decades in prison and mandatory sex offender registration. In this article, we’ll break down the key differences between gross sexual assault and unlawful sexual touching under Maine law, explain what each charge involves, and outline why securing experienced legal representation is essential if you’re facing allegations. What is gross sexual assault in Maine? Under Maine law, gross sexual assault is one of the most serious sex crime charges a person can face. It typically involves engaging in a sexual act with another person without their consent, often through force, threats, coercion, or manipulation. This offense can also be charged when the alleged victim is physically or mentally incapacitated, such as when drugs, alcohol, or a cognitive disability render them unable to consent or resist. If the accused is aware of the victim’s inability to consent and proceeds with the sexual act, it qualifies as gross sexual assault. Depending on the circumstances, gross sexual assault may be classified as a Class A felony—the most severe level... --- ### Poorly-Calibrated Breath Test Machines Throw Thousands of Massachusetts Cases into Doubt - Published: 2017-03-27 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/poorly-calibrated-breath-test-machines-throw-thousands-of-massachusetts-cases-into-doubt/ - Categories: OUI / DUI / DWI If you get pulled over by a police officer in Maine who suspects you're operating under the influence (OUI), you'll be asked to take a breathalyzer test right on the spot. If you then get brought into the police station, you'll often be requested to take another breath test there. If you go through this process, one thing that you might find striking is how differently the two breathalyzer machines look. The one that the police officer has at the side of the road is a hand-held device that, when you stop and look closely, seems kind of cheap. The one in the police station, on the other hand, is larger, stationary, and looks like it may be more accurate. Unfortunately for many people who were charged and previously pled guilty in Massachusetts, that is not always the case. Massachusetts Breath Testing Machines Improperly Calibrated A crucially important aspect of a breath testing machine is that it can, under optimal conditions, accurately detect how much alcohol is on your breath. If it can't, it's worse than useless – it's dangerous. A breathalyzer that spits out incorrect readings puts innocent people into serious legal trouble. However, breath testing machines – even the more precise ones in police stations – don't recognize how to measure alcohol in a breath sample on their own: They need to be calibrated properly in order to produce accurate results. If they're not calibrated properly, all of the machine's readings will be skewed. In Massachusetts, the department... --- ### Unreasonable Seizures After the Legal Process Has Begun: Manuel v. City of Joliet - Published: 2017-03-23 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/unreasonable-seizures-after-the-legal-process-has-begun-manuel-v-city-of-joliet/ - Categories: Criminal Defense The Supreme Court has finally made it official: The Fourth Amendment prohibits unreasonable seizures, even if they happen after the legal process of a case has begun. The case, Manuel v. City of Joliet, was just released on March 21, 2017. What Happened in Manuel Because of the status of the case, the Supreme Court assumed that everything in Manuel's complaint was true: He was the passenger in a car when it was pulled over by the police in Joliet, Illinois. He was dragged from the car, called a racial slur, and assaulted while he was on the ground. Despite a lack of probable cause, he was searched and police found a vial of pills, which they were convinced were ecstasy. Even though a field test came back negative, Manuel was arrested for drug possession. At the police station, the pills were tested again. Even though the test came back negative, the technician reported that one was “positive for the probable presence of ecstasy. ” One of the arresting officers agreed, saying that his “training and experience” taught him that the pills were ecstasy. Relying exclusively on these statements, the county judge determined that there had been probable cause to arrest Manuel, and he was held in jail to await trial. Manuel spent 48 days in jail before the pills were tested – negative, again – and the prosecutor got around to dropping his case. Detention After Legal Process Has Begun The Fourth Amendment prohibits unreasonable seizures, including those that... --- ### Congress Finally Considers Curbing Civil Forfeiture Abuse - Published: 2017-03-22 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/congress-finally-considers-curbing-civil-forfeiture-abuse/ - Categories: Criminal Defense If you get arrested for a crime, police have the ability to confiscate any property of yours that they claim was related to the crime you're being arrested for. This is called civil forfeiture. It was first used as a police tactic back in the “war on drugs” in the 1980s as a way for police to deal with large-scale drug trafficking rings. However, in the past years it has been blown way out of proportion, with law enforcement on the local and federal levels using civil forfeiture to make millions of dollars. Now, members of Congress are finally moving to put an end to it. Civil Forfeiture In theory, civil forfeiture allows police to hamstring large-scale criminal activities by taking their stuff once the police start making arrests, even if those arrests are low on the organization's totem pole. By seizing the equipment that criminal rings use to commit crimes, police could do more to put them out of business. In practice, though, police departments use civil forfeiture to pad their budget. By seizing any and all property that can even remotely be tied to the crime they're investigating, police can impound cash and lots of valuable items that they then sell off in forfeiture sales. If state forfeiture laws allow it, these funds then get funneled back into the department. If the state's laws don't allow it, then the property gets passed to the federal government through “equitable sharing. ” Once there, federal law applies, and allows the... --- ### Should You Testify in Your Own Defense? - Published: 2017-03-20 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/should-you-testify-in-your-own-defense/ - Categories: Criminal Defense If you're facing a criminal charge in the state of Maine, whether it be for operating under the influence (OUI), or a drug crime, or any other type of crime, one of the most important questions you'll face as you get to trial is whether to testify on your own behalf. Without the help of a skilled criminal defense attorney like William T. Bly, this can be a crippling decision to make, with serious repercussions if you make a mistake. You Can't Be Forced to Testify at Your Trial One of the most important facts in this decision is that you cannot be forced to take the stand and testify at your trial. The Self-Incrimination Clause of the Fifth Amendment prohibits this from happening. Instead, you are guaranteed to have the choice of whether to take the stand in your own defense. The reason for this is simple: Taking the stand and answering tough questions in a court of law, with the threat of criminal conviction hanging over your head, is not something that even completely innocent people can do all the time. Testifying is nerve-wracking, and forcing someone to do it could result in innocent people looking guilty enough for a jury to convict them. Reasons Not to Take the Stand There are numerous reasons why you shouldn't take the stand in your defense at your own trial. One of the main reasons is that cross-examinations can be incredibly difficult. Prosecutors have one job to do: Put you behind... --- ### Department of Justice to Strictly Enforce Federal Drug Law - Published: 2017-03-20 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/department-of-justice-to-strictly-enforce-federal-drug-law/ - Categories: Drug Crimes While policy decisions from the White House have been vague or difficult to follow, the new statement on the enforcement of federal drug laws is pretty clear: The Department of Justice will ignore state laws that decriminalize marijuana. While this does not come as much of a surprise – especially after Senator Jeff Sessions was confirmed as the U. S. Attorney General – the clarity of the announcement seals the deal. Federal Drug Laws to be Strictly Enforced The announcement was made in a press conference with White House press secretary Sean Spicer. When asked about how the federal government would handle the enforcement of federal drug law, Spicer said, “I do believe you will see greater enforcement of it. ” Despite there being no scientific evidence to support it, Spicer went on to say that the change in policy was because of the heroin and opioid epidemic. “When you see something like the opioid addition crisis blossoming in so many states around the country, the last thing we should be doing is encouraging people,” Spicer stated. “There is still a federal law that we need to abide by when it comes to recreational marijuana and drugs of that nature. ” Whether the change in policy is actually because of the increase in deaths after opioid overdoses or because of Senator Sessions' longstanding advocacy against marijuana is unclear. Claiming that marijuana use is somehow responsible for heroin deaths is flimsy, at best. Federal Enforcement Staying Away from Medical Marijuana However,... --- ### How Police Stretch the Scope of a Permissible Search - Published: 2017-03-17 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/how-police-stretch-the-scope-of-a-permissible-search/ - Categories: Criminal Defense The scope of a police officer's search might not seem like something you should have to care very much about. However, in the criminal defense world, it can make all of the difference between being let go and being arrested and later convicted of a serious crime. Unfortunately, police know this, as well, and often stretch the scope of where they can search to look for evidence in violation of your Fourth Amendment rights. A new case out of neighboring New Hampshire shows how this can happen. How Police Can Stretch the Scope of Their Search A New Hampshire police officer spotted a van on I-95 with a license plate that was registered to a different vehicle. This was a motor vehicle violation, so the officer put his lights on and pulled the van over. The van took awhile to pull to the side of the road – nearly an eighth of a mile – and the officer suspected that they were hiding something inside. Inside the van were five people. The driver was an adult male, the passenger was an adult female, and the three in the back seat of the van were all children. One of the children needed a child's seat, but didn't have one. When the officer talked to the driver, he found that the van had only recently been registered to the passenger. This did away with the motor vehicle violation. According to the police officer, the lack of a child's seat wasn't something they... --- ### Supreme Court Throws Out Verdict for Racial Bias - Published: 2017-03-14 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/supreme-court-throws-out-verdict-for-racial-bias/ - Categories: Federal Charges One of the most important parts of the criminal justice system in America is the jury system. By leaving the verdict up to the jury, we ensure that normal people play a crucial role in how we treat people who have been charged with a crime. By preventing anyone from hearing or seeing what goes on in the deliberation room, we can ensure that the members of the jury who issue the verdict are not influenced by anyone on the outside. However, there are times when this is not enough to keep the jury insulated from improper influences, like racial bias. A new Supreme Court case, though, now makes it easier to correct this, if it does happen. Supreme Court Corrects Racial Bias in Jury Verdict After a criminal trial by jury, the jury goes into the deliberation room to talk about the case. While in the deliberation room, they figure out, amongst themselves, whether the defendant is guilty for the crimes charged. When the jury makes its verdict, it is absolute, final, and cannot be impeached, or called into question. The only exceptions to this no-impeachment rule were when the jury considered evidence that wasn't presented at trial, or when there was some other sort of outside influence. This no-impeachment rule was the problem in the case Pena-Rodriguez v. Colorado. A man of Mexican descent was charged for harassment and unlawful sexual conduct. He had an alibi, though: He was with his friend, who was also of Mexican descent.... --- ### Why Maine v. Boyd Is Not a Game-Changer - Published: 2017-03-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/why-maine-v-boyd-is-not-a-game-changer/ - Categories: Criminal Defense In our last blog post, we discussed a new case from the Maine Supreme Court dealing with operating under the influence (OUI). While that case, Maine v. Boyd, might seem like it makes a huge difference in how police can gather evidence of drunk driving, the reality is far more muted. Because the only changes that it makes are within police control, you probably won't notice any changes at all if you get pulled over for OUI in Maine. Case Changes How to Consent to a Blood Test The case was handed down on March 2, 2017, and changes what police have to do if they want to get consent to conduct a blood test to determine your blood alcohol content (BAC). In the case, Robert Boyd was arrested for OUI and brought to the police station for further testing. After problems with the breath test machine at the station, the arresting officer found a paramedic to perform a blood test, instead. However, the officer never asked Mr. Boyd for consent to take a blood sample, and while Mr. Boyd didn't object to the blood test, he also didn't affirmatively allow it, either. That lack of affirmative consent was what made the Maine Supreme Court side with Mr. Boyd. Because it's the prosecutor who has the burden of proving that someone broke the law beyond a reasonable doubt, it was the prosecutor in the case who had to show that Mr. Boyd “consented” to the blood test. Therefore, even though... --- ### OUI Case Focuses on What Consent Means - Published: 2017-03-08 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/oui-case-focuses-on-what-consent-means/ - Categories: OUI / DUI / DWI If you get pulled over and arrested for operating under the influence (OUI) in Maine, you'll probably get brought to the police station for additional testing. Police want to get as much evidence against you as possible, so they'll try to get a blood alcohol content (BAC) reading from a breath or blood test at the station, in addition to whatever breathalyzer or field sobriety testing you took on the road. However, just like any other search for evidence of a crime, the police have to comply with the Fourth Amendment. This prohibits any searches that are “unreasonable. ” When they don't have a warrant to get you to take a BAC test, though, police have to make their search fit into one of the warrant exceptions. One of these exceptions is when you consent to the search. However, a new case from the Supreme Court of Maine changes what it means to “consent” to a search in the OUI context. Consenting to an OUI Test The case, Maine v. Boyd, was handed down on March 2, 2017. In the case, Robert Boyd was pulled over and arrested for OUI after failing a field sobriety test. However, when the police officer brought Mr. Boyd to the police station, the breath testing machine malfunctioned. When Mr. Boyd was brought to another station, he kept coughing. Because this could invalidate the BAC reading, the police officer found a paramedic to do a blood test, instead. The officer, however, never asked Mr. Boyd... --- ### Utah Lowers Legal Limit for Drunk Driving - Published: 2017-03-04 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/utah-lowers-legal-limit-for-drunk-driving/ - Categories: OUI / DUI / DWI The state of Utah is plowing ahead with a huge change to their law dealing with operating under the influence (OUI). While all of the other states in the U. S. make it illegal to drive with a blood alcohol content (BAC) of 0. 08% or above, Utah's new law would make it illegal to drive with a BAC of 0. 05% or higher. Not only is it unlikely that the new law will prevent drunk driving crashes and save lives on the road, it will also infringe on many people's ability to enjoy themselves in a safe and responsible way. It may also have a net negative effect on the restaurant industry. Utah Adopts New OUI Law The bill managed to pass through Utah's state house and get signed by Governor Gary Herbert on March 23, 2017. The effect of Utah's new law on drunk driving is simple – it lowers the legal BAC limit for drivers in the state down to 0. 05%, down from the 0. 08% legal limit used by all the other states in the country. Safety Advocates Support the New Law The National Transportation Safety Board has come out in support of the new law. According to them, it would save nearly 1,800 lives every year if all of the states followed Utah's lead. They also argue that 85% of the world's population lives in areas that use a 0. 05% standard or lower, though this point is fraught with problems: Alcohol is outlawed... --- ### When Collateral Consequences Go Too Far: Social Media Prohibitions - Published: 2017-03-03 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/when-collateral-consequences-go-too-far-social-media-prohibitions/ - Categories: Criminal Defense Being convicted of a crime – especially a serious crime like sexual assault – can come with significant penalties. These include a stint in jail, hefty fines, and lengthy probation period. However, there are countless other ways that a criminal conviction can make your life more difficult, even years after your sentence has ended. These are called “collateral consequences,” and can impact your life in some of the smallest ways. In one case that's currently before the Supreme Court of the United States, a North Carolina man's conviction for a sex crime even prevented him from creating a Facebook account. Sex Offenders Prohibited from Social Media The case involves Lester Packingham Jr. who, when he was 21, was convicted in North Carolina for having indecent liberties with a minor. He served ten months in jail and then had to register as a sex offender when he was released. His name would remain on the sex offender registry for 30 years afterward. Then, in 2008, North Carolina passed a law that prohibited sex offenders from using social media accounts that minors use, like Facebook. Lester, however, got a Facebook account. When police found out that he was on Facebook, Lester was convicted and got a suspended sentence. There was no evidence whatsoever that Lester had used his Facebook account to contact any minors. Lester's case got appealed, and now it's being heard by the Supreme Court. Collateral Consequences Make It Difficult to Lead a Normal Life North Carolina's law prohibiting sex... --- ### How New Immigration Guidelines Obliterate Probable Cause - Published: 2017-02-23 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/how-new-immigration-guidelines-obliterate-probable-cause/ - Categories: Criminal Defense In our last blog post, we pointed out how the newest immigration orders from the current administration could impact U. S. citizens as well as illegal immigrants. Now that these orders have been on the books for a few days, it's becoming clear exactly how this can happen. What Changed Since taking office, President Donald Trump has followed through on his campaign promise to crackdown on illegal immigration. While his travel ban was quickly deemed unconstitutional because it targeted Muslims, his other orders and guidelines are going into effect. One of these guidelines grants federal agents from the Immigration and Customs Enforcement agency (ICE) the power to arrest people for violating immigration laws, even if they haven't violated any other law. Regardless of what you think about illegal immigration, this expansion of ICE's powers is scary, especially now that they're utilizing that power. Why This Change Matters: Probable Cause Before police can arrest you for a crime, they need probable cause that you committed one. For example, if a police officer wants to pull you over to see if you're driving under the influence (DUI), first they need a reason to make the traffic stop. So they'll wait until you make a mistake, like turning without signaling or touching the centerline with one of your wheels, before putting on their sirens and pulling you to the side of the road. When it comes to a crime like DUI, there are signs that police use to determine whether they have probably... --- ### The 13th Amendment: A Documentary About Our Failing Criminal Justice System - Published: 2017-02-21 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/13th-a-documentary-about-our-failing-criminal-justice-system/ - Categories: Criminal Defense Issues in our criminal justice system have become a heated discussion in recent years. Problems like police brutality and the racist undertones of the system of law enforcement have been brought to light by movements like Black Lives Matter. Other issues like private prisons and corporate legislation have gotten away with lighter criticism, but have still seen the limelight in shows like John Oliver's Last Week Tonight. The new documentary, 13th, however, nicely encapsulates all of these issues with our criminal justice system in one place. By covering all of this ground and more, it provides a very accessible source for all of the things wrong with our law enforcement system, and how we got here. The fact that the film has been nominated for an Academy Award is refreshing to see: Getting the film's message out for a broader audience to see is something that will have to happen in order for anything to change. 13th: The Movie The story of 13th begins at the end of the Civil War, with the passage of the 13th Amendment. This Constitutional Amendment prohibits slavery in the United States but comes with an important loophole that the documentary spends the next hour and a half pursuing: “Neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States. ” The core nugget of the documentary is that this all-important caveat in the 13th Amendment has been used since its passage to justify unequal treatment on racial grounds.... --- ### Are Sex Crimes Misdemeanors or Felonies in Maine? > Explore the Classification of sex crimes in Maine and gain insight into whether they are misdemeanors or Felonies. Call for help now! - Published: 2017-02-20 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/are-sex-crimes-misdemeanors-or-felonies-maine/ - Categories: Sex Crimes If you have been charged with a crime alleging some kind of sexual offense, it could be a misdemeanor or a felony. There are many factors that go into determining which type of crime it is, because there are some crimes that could be a misdemeanor but depending on the age of the victim could be put into the category of a felony. For example, if the victim of unlawful sexual touching or unlawful sexual contact is of a certain age, those will be misdemeanors. The unlawful sexual contact will be a registrable offense. Then of course there are sex crimes that could be felonies. One of the most severe sex crimes that is almost invariably a class A felony, meaning it involves a maximum penalty of up to 30 years in prison, is gross sexual assault. That is the most serious of all sexual assault cases. What penalties can a person convicted of a sex crime expect in Maine? When it comes to sex crime convictions in Maine, the penalties can vary significantly based on several crucial factors: Class A (Felony): The most severe sex offenses fall under Class A felonies, potentially resulting in up to 30 years in prison and fines of up to $50,000. Gross sexual assault offenses often fall into this category. Class B (Felony): Class B felonies for sex crimes can lead to sentences of up to 10 years in prison and fines reaching $20,000. Gross sexual assault is typically classified as a Class B... --- ### Complexities in Maine's Shoplifting Law - Published: 2017-02-17 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/complexities-in-maines-shoplifting-law/ - Categories: Shoplifting We all know that shoplifting is a crime. However, what many people don't know is that you can be accused of doing it even though you only shoplifted by accident. There are numerous situations where this can happen, and it can lead to a lot of confusion and could drastically impact your life if you don't get legal help. This is because you can't accidentally shoplift in the state of Maine. To shoplift, you have to intend to do it. But proving you didn't intend to shoplift can be difficult. Maine's Shoplifting Law Back in 2007, Maine changed how a lot of its laws were organized. Instead of having one law for every different kind of theft – which include property crimes like larceny, embezzlement, and shoplifting – Maine consolidated them all into one category: Theft. In order to commit theft in Maine, you have to intentionally take control of someone else's belongings, without having their permission. When it comes to shoplifting, there are some clear situations where this is happening. For example, you can grab something off a shelf, hide it in your coat, and walk out of the store. Or you could grab something and then make a sprint for the exit. However, there are also some situations where it's less clear that you're shoplifting. These situations are surprisingly easy to get caught up in. Worse, they could carry severe repercussions if you don't get the legal help you need to fight off a criminal conviction. Gray Areas... --- ### Self-Incrimination, Testimonial Evidence, and OUI Charges - Published: 2017-02-16 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/self-incrimination-testimonial-evidence-and-oui-charges/ - Categories: OUI / DUI / DWI In our recent blog posts, we've delved into some of the details of the Fifth Amendment's self-incrimination clause. While the implications of the self-incrimination clause are wide-reaching, they only apply to evidence that is “testimonial. ” Self-incriminating evidence that is “real” or “physical” can be used against you. Our last blog post showed one way that this can impact a criminal investigation for a property crime, like burglary. In wrapping up our long discussion about the self-incrimination clause, here's how compulsory self-incrimination can come into play for a charge of operating under the influence (OUI). Blood or Breath Testing in OUI Cases If a police officer thinks you're driving under the influence of alcohol or drugs, they'll pull you over and push you into taking a breath test. Regardless of whether you do or not, you could be arrested and brought to the police station for an additional blood test. The results of the breath or blood tests can then be used as evidence that you were under the influence. But isn't using this evidence against you an example of self-incrimination? Testimonial Evidence, Self-Incrimination, and OUI According to the Supreme Court in Schmerber v. California, a crucial case from back in 1966, blood or breath tests do not run against the self-incrimination clause of the Fifth Amendment. The Court in Schmerber paved the ground for the “non-testimonial evidence” distinction that has emasculated the self-incrimination clause. Noting that the Fifth Amendment did not stop police from using other physical evidence –... --- ### Testimonial Evidence, Fingerprints, and Self-Incrimination Rights - Published: 2017-02-15 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/testimonial-evidence-fingerprints-and-self-incrimination-rights/ - Categories: Criminal Defense The Fifth Amendment's self-incrimination clause, as we discussed in our last blog post, only applies to “testimonial” evidence. This distinction means that you can be compelled by police to provide evidence against yourself if that evidence is “real” or “physical. ” A recent case out of Minnesota reveals why this is a terrible rule. Not only does it fly in the face of the whole point of the self-incrimination clause, but it's also an impossible one to apply on a case-by-case basis. The Case of Matt Diamond The Minnesota case involved a burglary. Police arrested the defendant in the case, Matt Diamond. When they arrested Diamond, they took his cell phone and got a warrant to search it. However, police weren't able to unlock it – they needed Diamond's fingerprint to get access – so they obtained a court order to compel Diamond to unlock his phone. Diamond refused, claiming he was protected by the Fifth Amendment's self-incrimination clause, and was held in contempt of court until he complied. Evidence from the cell phone was used against Diamond in trial, and he was convicted of several property crimes. He appealed his case to the Minnesota Court of Appeals. Self-Incrimination Clause, Testimonial Evidence, and Fingerprints On appeal, the court examined Diamond's self-incrimination claim. The court started by noting that the point of the self-incrimination clause of the Fifth Amendment was to require the state to “produce the evidence... by the independent labor of its officers, not by the simple, cruel expedient... --- ### Self-Incrimination Rights and the Trainwreck of Testimonial Evidence - Published: 2017-02-14 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/self-incrimination-rights-and-the-trainwreck-of-testimonial-evidence/ - Categories: Criminal Defense The Fifth Amendment covers a lot of ground, guaranteeing you a lot of different rights. One of these is your right to be free from compelled self-incrimination. However, this right is a complex one, with lots of nuances and exceptions to it. One of the strangest complexities in your self-incrimination rights is that it only covers “testimony,” creating a minefield of confusion. Self-Incrimination Clause and Testimonial Evidence The self-incrimination clause prevents law enforcement from ever forcing you to provide evidence against yourself. There are a lot of different ways that this could happen. For example, police could put you on the stand in trial and ask you a question that makes you either admit to a crime, lie under oath and perjure yourself, or say nothing and risk contempt of court. The Fifth Amendment prevents law enforcement from doing this. But what about compelling you to provide other kinds of evidence? For example, imagine you're being investigated for a crime. A witness at the crime scene saw that the culprit had a distinctive tattoo on their right bicep. Can police compel you to show your right bicep? Unfortunately, the answer is yes: The Fifth Amendment's self-incrimination clause doesn't stop them from forcing you to show your bicep. Testimonial Versus Physical Evidence The lynchpin in whether the self-incrimination clause protects you is whether the evidence being compelled is “real or physical evidence,” on the one hand, or “testimonial evidence,” on the other. The Fifth Amendment's self-incrimination clause only prevents law enforcement... --- ### Self-Incrimination and Written Documents - Published: 2017-02-13 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/self-incrimination-and-written-documents/ - Categories: Criminal Defense The Fifth Amendment guarantees a lot of rights to people who are being investigated for a crime. While law enforcement and other anti-crime advocates see these rights as frivolous and silly, in reality, they are some of the only things keeping the government from watching everything we do and becoming a police state. One of these Fifth Amendment rights is the one against compelled self-incrimination. There are a lot of ways that you can provide evidence that you've committed a crime. One of them is by writing it down. However, just because you wrote something that could be used against you does not mean that law enforcement can force you to turn it over. Instead, the self-incrimination clause of the Fifth Amendment can protect you. Protections of the Self-Incrimination Clause The whole point of the Fifth Amendment's self-incrimination clause is to prevent law enforcement from being able to force you to use your own words against yourself in court. This strips police of any ability to use torture to bring out evidence of a crime, which was something that terrified the Founding Fathers. It also allows suspects a way to avoid a situation where they can either admit to a crime, lie under oath, or refuse to answer a question and risk being in contempt of court. Your own words, however, do not have to be spoken to potentially incriminate you for a crime, though. Luckily, courts have recognized this, and have applied the Fifth Amendment's protections to written words,... --- ### A Witnesses' Self-Incrimination Rights - Published: 2017-02-10 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/a-witnesses-self-incrimination-rights/ - Categories: Criminal Defense You have a right to not be forced to say something that could incriminate yourself for a crime. This is your right against self-incrimination, and is one of the biggest, but also one of the most confusing, parts of the Fifth Amendment. One of the confusing aspects of your right against self-incrimination is when you can invoke it. The reality is that you can incriminate yourself for a crime even before police suspect that you've done something illegal. This can happen if you get called to testify at someone else's trial as a witness. Luckily, just because you aren't the defendant in a trial does not mean that you can't invoke your Fifth Amendment rights. A Witnesses' Self-Incrimination Rights A common situation where you might want to invoke your Fifth Amendment right against self-incrimination is if you are being used as a witness in someone else's trial. For example, if one of your friends is on trial for assault, the prosecutor might try to use you to challenge your friend's alibi. You might get asked what you were doing at the time of the assault. Unbeknownst to the prosecutor, though, it was at that exact time that you were trafficking drugs. This would leave you in the catch-22 that the Fifth Amendment was designed to avoid: You can either say the truth and admit to drug trafficking, tell a lie and face a perjury charge, or say nothing and be held in contempt of court. Pleading the Fifth is one... --- ### The Right Against Self-Incrimination and Why We Have It - Published: 2017-02-09 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/the-right-against-self-incrimination-and-why-we-have-it/ - Categories: Criminal Defense If you're being investigated for a crime in the state of Maine, the Constitution of the United States gives you some additional rights. One of these is in the Fifth Amendment, and protects you from being forced to incriminate yourself. Pleading the Fifth This is the right against self-incrimination, and is what people are referring to when they are on the stand in a trial or other official proceeding and they “plead the Fifth. ” Invoking your right to not incriminate yourself is a crucial part of your privileges as a criminal defendant. However, your right against self-incrimination is a tricky one, with lots of nuances to it. Understanding where it comes from and why it exists lets you see what it does and how it can help. Self-Incrimination and the Inquisition The Fifth Amendment's rights against self-incrimination have a long history, going all the way back to England's use of a version of the inquisition in the 1600s. Back then, the Star Chamber was England's version of the inquisition. It investigated heretics and alleged criminals, but used inquisitorial, rather than accusatorial, tactics. Instead of gathering evidence of a crime from objects and testimony by other people, the Star Chamber investigated wrongdoing by bringing the defendant in, personally. Once the defendant was before the Chamber, he or she would be required to take an oath – the oath ex officio – swearing they would tell not only the truth, but the whole truth. The Star Chamber pushed defendants to swear... --- ### Court Reins in Prosecutors in Massachusetts Evidence Tampering Case - Published: 2017-02-08 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/court-reins-in-prosecutors-in-massachusetts-evidence-tampering-case/ - Categories: Criminal Defense In today's professional world, it is often a struggle just to tread water, let alone get ahead. However, just because it can be difficult to move your career forward does not make it permissible to put the lives and well-being of others at risk. Nowhere is this more important than for government employees, especially those who have a hand in the criminal justice system. Nevertheless, that's exactly what has happened in Boston, Massachusetts. Thousands of people ended up with potentially wrongful convictions for drug crimes after a state chemist put her own professional ambitions over their rights to a fair trial. But now, even after discovering the terrible problem, Massachusetts prosecutors are doing all they can to prevent their cases from taking a step backwards. State Chemist Alters Drug Samples The fiasco began back in 2003, when Annie Dookhan tried to impress her supervisors with her diligent work as a state chemist in Boston, Massachusetts. Tasked with analyzing samples of those charged with drug crimes, Dookhan regularly managed to test 500 samples in the span of time that it took her coworkers to test 150. Supervisors and peers thought Dookhan was just exceptionally good at her job. In reality, she just wasn't testing the samples. Instead, she was just slapping a label on them and moving on. Those drug samples were used as evidence in 24,000 cases, impacting 20,000 people who were arrested for drug crimes between 2003 and 2011. Many of them faced charges for distribution, which came with... --- ### How the Police Can Manipulate Your Possible Sentence Even Before Your Trial - Published: 2017-02-07 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/how-the-police-can-manipulate-your-possible-sentence-even-before-your-trial/ - Categories: Criminal Defense When the police investigate a suspected crime, how they conduct their investigation can have a huge impact on what they find. Not only do their investigation tactics make a huge difference in whether they find evidence of a crime, but they also impact what kind of crime they detect. Sometimes, by investigating a crime in a certain way, police can find evidence of a more severe crime than they might otherwise have found. This is called sentencing manipulation, and is a serious problem. One example of it happening in real life is in the recent case that we talked about in our last blog post, United States v. Rivera-Ruperto. What Happened in Rivera-Ruperto In the Rivera-Ruperto case, the Federal Bureau of Investigation (FBI) was conducting Operation Guard Shack, an investigation into Puerto Rico police officers who were suspected of helping drug traffickers. To do this, the FBI conducted a series of fake drug deals. Wendell Rivera-Ruperto was one of the people the FBI suspected of drug trafficking. To get evidence against Rivera-Ruperto, the FBI covertly asked him to provide security for one of these drug deals. However, that's not all the FBI did. They insisted that Rivera-Ruperto provide armed security. By carrying a gun at a drug deal, Rivera-Ruperto was committing a far more serious gun crime than he would have if he was unarmed. Having a firearm at a drug offense was a violation of 18 U. S. C. §924(c)(1)(C), which carried a minimum jail term of five years.... --- ### Is Shoplifting a Misdemeanor or a Felony? - Published: 2017-02-06 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/is-shoplifting-a-misdemeanor-or-a-felony/ - Categories: Shoplifting Is shoplifting a felony or a misdemeanor? Shoplifting in and of itself is a crime of theft, and theft can be charged as a felony depending on if you have prior convictions. If this is your first shoplifting charge – let's say you went to Walmart and you took about $35 worth of makeup – it's gonna be a Class E misdemeanor. But if this is your third time around and you've got a problem with shoplifting – there's something going on in your life; maybe there's an emotional problem – whatever it might be that's driving you to continue with this type of behavior and you have two prior convictions for shoplifting, you're now facing a felony. It doesn't matter if you lifted a $5 Christmas card. If it's your third offense, you're facing five years in prison. It's always best to nip this in the bud and not get a first time conviction. There is a big difference between a first offense and a third offense, because that's the difference between a misdemeanor and a felony. --- ### New Immigration Orders Spell Trouble for Everyone - Published: 2017-02-04 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/new-immigration-orders-spell-trouble-for-everyone/ - Categories: Criminal Defense After running his campaign on a strict immigration policy, President Donald Trump has wasted little time in rolling out new executive orders and enforcement guidelines aimed at deporting immigrants. After his travel ban was immediately ruled unconstitutional by numerous courts, Trump has issued new enforcement guidelines for the Department of Homeland Security (DHS), which allows immigration officials to arrest and deport immigrants with barely any hearings. Unfortunately, this kind of enforcement policy will have drastic impacts on not just immigrants, but U. S. citizens, too. Impact on Immigrants An important result of Trump's new enforcement guidelines is that immigrants – whether they are in the country illegally or through the legal visa process – need to avoid being convicted for a crime of any sort. In the past, only illegal immigrants who committed serious offenses were prioritized for deportation. Earlier administrations had decided that this had struck the delicate balance between enforcement costs and economic value, on the one hand, and security, on the other. Now, though, the current administration has promised to seek deportation for minor violations of the law, including the country's immigration law. This means that illegal immigrants could be deported, even if they haven't been convicted for anything. Breaking the immigration law by being in the country illegally is enough to get arrested and deported. Impact on U. S. Citizens As a criminal defense attorney, it's this last fact that's the most disturbing. It doesn't invite immigration officials to detain U. S. citizens who look like... --- ### Eighth Amendment and the Flaw of Legislative Deference - Published: 2017-02-02 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/eighth-amendment-and-the-flaw-of-legislative-deference/ - Categories: Criminal Defense In several of our recent blog posts, we've gone over a recent case that came out of the same federal appeals court that handles cases in Maine – United States v. Rivera-Ruperto. This case is hugely important for Mainers because it says a lot about the Eighth Amendment, which prohibits “cruel and unusual punishment,” and binds the federal courts in Maine. This case is an official statement about how hard it is to challenge extremely long prison sentences in Maine under the Eighth Amendment: It stated that 160 years in jail for providing armed security in a half-dozen drug deals was not “cruel and unusual. ” The decision in Rivera-Ruperto, however, is in large part based on a concept that has no place in any Eighth Amendment case: Legislative deference. The Eighth Amendment and the Bill of Rights When the Founders created the Constitution of the United States back in the 1780s, there were two groups of people. One group wanted to create a strong federal government. The other wanted to reserve lots of rights for the people, thereby creating a weak federal government. The Bill of Rights is how these two groups compromised: The rights set out in the Bill of Rights were guaranteed to never be infringed upon by the federal government. This included Congress. Among the rights in the Bill of Rights was the Eighth Amendment. Legislative Deference and the Eighth Amendment In the years since, numerous cases have come up that have dealt with the Eighth... --- ### What to do if Charged with Shoplifting - Published: 2017-01-23 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/what-to-do-if-charged-with-shoplifting/ - Categories: Shoplifting You've been charged with shoplifting. What's going to happen next? The first and best piece of advice I can give you is you really should get an attorney. People think, "It's shoplifting. Is it really that big a deal? " It really is a big deal. This type of behavior costs merchants throughout the state of Maine a lot of money, and they're really looking to see people get convicted because they don't want these same folks coming back in and shoplifting. Shoplifting is a form of theft and it's punishable as a Class E misdemeanor on a first offense by up to six months in jail and $1,000. 00 fine. If you don't have an attorney and you go to court by yourself, you are now your own advocate and you are your worst advocate. People don't advocate well for themselves. So if you go to court and plead not guilty, you'll have to speak with a DA; you don't have an attorney. If you decide that you want to take responsibility for your actions and plead guilty, as a first offense you're probably looking at just a fine, but what you don't realize is the potential fallout in how this is going to follow you with a criminal record the rest of your life. Employers take shoplifting charges seriously. They are crimes of theft. It could affect your current employment situation or your future employment situation. So if you're planning on going to court by yourself, my suggestion... --- ### Scary Developments in Minnesota's IID Law - Published: 2017-01-23 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/scary-developments-in-minnesotas-iid-law/ - Categories: Criminal Defense The fiasco in Minnesota involving ignition interlock devices (IIDs) for people convicted for operating under the influence (OUI) took a strange turn recently that show how far some people are willing to go to punish even first-time offenders. Minnesota's Controversial IID Program Like many states in the U. S. , Minnesota allows some people who have been convicted for drunk driving to keep their driving rights if they install an IID in their vehicle. These devices require a breath sample that is devoid of alcohol before they let your car start. Things got controversial when Minnesota's Department of Public Safety (DPS) changed which IIDs could be used in the state. In order to provide real-time readings that could let them respond to violations quicker, the DPS required all the devices to have GPS capabilities in them. This effectively let them track the vehicles owned by people who'd been convicted for OUI. As we mentioned back in December, this likely constituted a warrantless search that violated the Fourth Amendment's prohibition against unreasonable searches and seizures. Since then, courts have stepped in and stopped the DPS from collecting any more GPS information. Now, though, it has come to light that the GPS information that has already been collected is not classified, and is available to the public. GPS Data Available to the Public In a recent hearing about Minnesota's IID program, Public Safety Commissioner Mona Dohman admitted that her department never even bothered trying to classify the GPS information they were receiving.... --- ### Eighth Amendment Trounced in Drug and Firearm Case - Published: 2017-01-20 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/eighth-amendment-trounced-in-drug-and-firearm-case/ - Categories: Criminal Defense Getting convicted for a crime is a life-changing event. However, just how life-changing it can be is determined in the next part of the process: Sentencing. This is where the Eighth Amendment, which prohibits cruel and unusual punishments, comes into play. However, exactly what amount to punishment that's “cruel and unusual” is up for debate. The most recent case in this debate, United States v. Rivera-Ruperto, is not a good one. What Happened On October 6, 2010, the Federal Bureau of Investigation (FBI) conducted Operation Guard Shack, the largest police corruption case in its history, arresting 133 suspects in Puerto Rico. Most of these suspects were police officers who had allegedly helped drug traffickers. To get evidence against these suspects, the FBI had conducted a series of fake drug deals. Wendell Rivera-Ruperto was one of those arrested: He'd provided armed security at six of these fake drug deals, and had sold a handgun at one of them. Rivera-Ruperto was put on trial in the Federal District Court of Puerto Rico, and was found guilty. The district court judge then sentenced Rivera-Ruperto to an absolutely astounding 161 years and 10 months in jail. Remember, Rivera-Ruperto hadn't even sold drugs in the deals – he'd only been a security guard. Rivera-Ruperto appealed the sentence, claiming, among other things, that the length violated the Eighth Amendment. Because his trial had been held in federal court in Puerto Rico, his appeal was handled by the First Circuit Court, which also has jurisdiction over the... --- ### Senator Sessions Vague on Federal Marijuana Enforcement - Published: 2017-01-13 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/senator-sessions-vague-on-federal-marijuana-enforcement/ - Categories: Drug Crimes Out of all of the cabinet appointments that president-elect Donald Trump has made, none is more important to the freedom of the people of Maine than that of Senator Jeff Sessions to the post of Attorney General. That's why his Senate confirmation hearing is so crucial: Listening to what he says he'll do in his role atop the Justice Department provides important clues on what we can expect for the next few years. One of the most important issues that Sessions can talk about is how the federal government will enforce its drug laws. After all, the recent increase of states, including Maine, legalizing marijuana for recreational or medicinal use was based in large part on President Obama's lax enforcement of these laws. If Sessions changes course, it can drastically alter how things are done in our state. Unfortunately, in his confirmation hearing so far, Sessions has been nothing but vague. Where Marijuana Laws Stand, Now Right now, Maine allows people in our state to legally possess and use marijuana for medicinal purposes. Medical marijuana is heavily regulated, with limitations on who can have it and how much they can have, but if you're following the rules then you cannot be convicted for a drug crime. The federal government, however, has its own set of drug laws. These laws trump conflicting state laws. According to the federal government, marijuana is still illegal. However, the federal government has decided not to vigorously enforce these marijuana laws, allowing states to legalize marijuana... --- ### Department of Justice Weighs in on Eyewitness Identifications - Published: 2017-01-11 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/department-of-justice-weighs-in-on-eyewitness-identifications/ - Categories: Criminal Defense In a refreshing sign of the times, the Justice Department's Deputy Attorney General Sally Yates released a memo on how to better handle eyewitness identifications. These identifications are the basis for many arrests and eventual criminal convictions, and yet are fraught with inaccuracies and manipulations. By issuing the memo, Ms. Yates and the Justice Department have provided a set of procedures to huge law enforcement agencies – including the FBI and DEA – that will hopefully reign in evidence abuses. The Importance of Eyewitness Evidence For many crimes, some of the most damning evidence against a suspect is simply someone else who was at the scene of the crime, saying that it was the suspect who committed the act. In some criminal cases, this is the only piece of evidence against a defendant. Nevertheless, it has been shown, time and time again, that juries are willing to convict someone of a serious crime on nothing more than the eyewitness testimony of someone who says they saw it all happen. Unfortunately, studies are coming out recently that show that eyewitness evidence is notoriously unreliable and easily manipulated. Unreliability of Eyewitness Evidence Despite its power in a criminal case, eyewitness evidence is unreliable. A witness is under a lot of stress that prevents them from observing well, and what they do remember can be tainted by an imperfect memory and confirmation bias. Additionally, the ways that law enforcement officers obtain eyewitness identifications – by using lineups or photo arrays – can push... --- ### What Makes a Crime a Hate Crime? - Published: 2017-01-09 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/what-makes-a-crime-a-hate-crime/ - Categories: Criminal Defense Especially in the recent weeks, we've been hearing a lot about hate crimes. However, exactly what constitutes a hate crime is not often obvious, is rarely explained, and can be difficult to understand. Unfortunately, every crime has the potential to be a hate crime, depending on who it was committed against, and why. Luckily, legally speaking, hate crimes work in some of the same ways that crimes of domestic violence work. These similarities make it easier to understand how hate crimes can impact a criminal charge against you. Crimes of Domestic Violence A crime of domestic violence is just any other crime – like assault, or battery, or sexual assault – that is done to a particular group of people: Household members. A “household member,” for purposes of Maine's domestic violence laws, includes blood relatives, current or former spouses, and most commonly, sexual partners. If the victim of a crime is not a household member, then the crime can't be one of domestic violence. When a crime has a domestic violence component to it, then it carries additional penalties. In this way, crimes of domestic violence are like “crimes plus,” because they have all of the repercussions of the original crime, plus another layer from the domestic violence element. Hate Crimes Hate crimes work in a similar way. A hate crime is any kind of crime that is done out of bias against someone. This means that any normal crime, from violent crimes like assault and manslaughter to property crimes... --- ### What is Driving to Endanger in Maine? > In Maine, driving to endanger is a class E offense is a serious charge that can lead to fines and possible jail time. Call us for help now. - Published: 2017-01-09 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/what-is-driving-to-endanger-in-maine/ - Categories: Driving Charges, Driving to Endanger, OUI / DUI / DWI, Reckless Driving What is driving to endanger? Can I get a driving to endanger charge if I have also been charged with an OUI? There's a common misconception out there that driving to endanger is an automatic drop down from an OUI. Driving to endanger is a Class E misdemeanor punishable by up to six months in jail and a $1,000. 00 fine. What it means if you have driven your car in a criminally negligent manner. You have essentially put yourself, property, or other people potentially in danger. So driving to endanger is a serious charge. It is oftentimes associated with a drop-down from an OUI, but it's by no means a guarantee. Again, it's a Class E offense. It's a motor vehicle offense, which means, if you are convicted, you have not only a criminal record, but you have the points and Bureau of Motor Vehicle record associated with that conviction. It is actually a fairly serious charge, though not to the same degree of severity as something like operating under the influence. For more information or to speak with an attorney regarding your "driving to endanger" charges, Call or email The Maine Criminal Defense Group today. --- ### Study Finding OUI Numbers at New Low Based on Faulty Stats - Published: 2017-01-05 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/study-finding-oui-numbers-at-new-low-based-on-faulty-stats/ - Categories: OUI / DUI / DWI A new report by the Federal government says that the drunk driving rate in the United States has fallen to a 13-year low. However, there are numerous reasons to be skeptical of the figures that were reported in the study: Not only do the numbers come from a self-reported survey, but the stats deal with 2014 numbers, which are well behind the times. New Survey Weighs in on OUI Numbers The new study, conducted by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the U. S. Department of Health and Human Services, tapped into survey numbers which asked drivers across the United States about operating under the influence (OUI). It found that, in 2014, 11. 1% of American drivers aged 16 or older had driven under the influence of alcohol in the past year. Another 4. 1% had said they'd driven under the influence of drugs. The study made a point of showing that the percentage of drivers who admitted to driving drunk was the lowest since data started being collected in 2002. However, the way the data was collected casts doubt on all of its conclusions. SAMHSA's study utilized numbers taken from the National Survey on Drug Use and Health (NSDUH). NSDUH's survey, however, is fraught with complications. Self-Reported Data Chief among the problems with the data collected by NSDUH is the fact that it was self-reported. When a government agency asks a random sampling of drivers if they have committed a crime in the past year,... --- ### How to Stay Safe on New Year's Eve - Published: 2016-12-30 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/how-to-stay-safe-on-new-years-eve/ - Categories: Criminal Defense New Year's is one of the most exciting times in the year. This is especially true after such a rough year that we had in 2016. Many people throughout Maine will be eager to blow off some steam and bring 2017 in with a bang. However, police know that this means that there will be a lot of people on the road who are in no condition to drive. You can count on the Maine State Police running several checkpoints throughout the state, particularly in the south around the city of Portland, where many of the festivities will be centered. Additionally, I-95 and other major thoroughfares are sure to have saturation patrols – police cruisers whose only worry is catching drunk drivers – up and down the state. Because of the increased patrols, it becomes especially important to be careful before getting behind the wheel after having a drink or two. Here are ways to enjoy New Year's without starting 2017 in the back of a police cruiser, facing a charge for operating under the influence (OUI). Use a Designated Driver One of the easiest ways to make sure everything stays safe after the party is to designate someone to be the driver after celebrating the New Year. If you and your friends all go to a party in one car and leave your keys with your driver, you won't have to worry about how you're all getting home safely. Get a Cab If you're celebrating the New Year's in... --- ### Operating Under the Influence of Caffeine - Published: 2016-12-29 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/operating-under-the-influence-of-caffeine/ - Categories: OUI / DUI / DWI Many people think that the only way to get charged for operating under the influence (OUI) in Maine is to drive while drunk. However, this is not the case. Instead, you can get arrested, charged, and convicted for OUI if you're under the influence of an intoxicant of any kind. This includes alcohol, marijuana, cocaine, or even prescription drugs. In theory, this could also include caffeine, because it's a drug that can impair how well someone can drive a car. In practice, though, no one had been arrested for being under the influence of caffeine. However, that's exactly what happened to a driver in California. Driver Arrested for Being Under the Influence of Caffeine The case began in August 2015, when Joseph Schwab was pulled over on the highway in Solano County, outside the city of San Francisco. The arresting officer, an agent for the California Department of Alcoholic Beverage Control, was driving an unmarked car when, according to her statement, Mr. Schwab cut her off and drove away erratically. When he was pulled over, Mr. Schwab consented to a breath test, but the results were negative. Because the officer decided that he was still under the influence of something, she arrested him and brought him into the station, where he gave a blood sample. The blood test confirmed the breathalyzer – there was no alcohol or any other kind of narcotics in his system. The only thing the blood test revealed was that Mr. Schwab had caffeine in his... --- ### A Rogue One: Juror Misconduct Leads to Mistrial - Published: 2016-12-28 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/a-rogue-one-juror-misconduct-leads-to-mistrial/ - Categories: Criminal Defense One of the things that courtroom dramas and movies don't capture about a trial is how structured and controlled they are. Everything that happens in a criminal trial is meticulously designed to ensure the truth comes out. Perhaps the most important aspect of this is how both the evidence and the jury pool are handled. All of the evidence is screened well before the trial by the judge, to make sure it's relevant to the case, that it is not overly prejudicial to someone involved, and that it doesn't have some sort of flaw that makes it inadmissible. Meanwhile, the jury is questioned extensively during the process of voir dire to make sure they don't have a prejudice or a personal interest in the case, and to make sure they will abide by the rules of impartiality. One of the men charged, Jalen Everett, was put on trial in October 2016, for his role in the murders. He ended up being convicted for second-degree murder. A day after the trial, though, a juror contacted the judge in the case: One of the other jurors had brought new evidence into the jury's deliberations that made Everett look bad. "http://www. democratandchronicle. com/story/news/2016/12/09/alleged-rogue-juror-caused-reversal-genesee-street-conviction/95195070/" target="_blank">A case from New York, however, showcases what can happen when these measures are ignored. Rogue Juror Brings in Inadmissible Evidence In August 2015, three men opened fire in a crowd in the city of Rochester, New York. Three people were killed in the a This evidence, however, was not... --- ### Finding the Evidence You Need: The Brady Rule - Published: 2016-12-26 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/finding-the-evidence-you-need-the-brady-rule/ - Categories: Criminal Defense One of the problems of living in a country with an adversarial justice system, rather than an inquisitorial one, is that you can count on the prosecutor doing all that he or she can to convict you and pursue the maximum sentence. In this kind of judicial system that is, quite literally, their job. But this fact raises an interesting question: If a prosecutor finds evidence that you didn't do the crime, what do they do? In theory, the answer is that the case can go on, but the prosecutor is supposed to turn that evidence over to your defense attorney. In reality, it's a bit more tricky than that. The Brady Rule The rule that requires prosecutors to turn over exculpatory or impeaching evidence – evidence that would either prove your innocence or throw doubt on one of the prosecution's witnesses – is called the Brady Rule. The Brady Rule comes from a case from back in 1963, Brady v. Maryland, which went to the Supreme Court of the United States. There had been a murder and two people, John Leo Brady and Donald Boblit, were charged for it. They were put on trial separately. During the investigation for his trial, Boblit admitted to police that he had done the killing. However, when Brady's attorneys requested Boblit's statements as evidence in Brady's trial, the prosecutor kept the one where Boblit admitted to the killing. Brady was convicted, sentenced, and lost on appeal before he ever learned of Boblit's statement.... --- ### Criminal Justice in Other Countries: The Inquisitorial System - Published: 2016-12-22 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/criminal-justice-in-other-countries-the-inquisitorial-system/ - Categories: Criminal Defense Anyone who has watched a courtroom drama like Law and Order on TV has a basic understanding of how the justice system in the United States is structured: There's the prosecutor or the plaintiff, on the one side, and on the other side is the defendant and criminal defense attorney. In between is the judge, acting as a neutral referee. The prosecutor makes their case why the defendant should pay for what happened. The defense responds, pointing out all the reasons why the prosecutor is wrong. Then the jury decides between the prosecutor and the defense. This adversarial set up is so ingrained in how Americans think about the criminal justice system that almost no one is aware that many other countries don't use it. Instead, they use an inquisitorial system that gives the judge much more power. Of course, this has its pros and cons. Inquisitorial Justice Systems The main difference between the adversarial system that we use in the States and the inquisitorial system is what the judge can do. In an adversarial system, judges sit on the bench and let the prosecution and the defense team duke it out in court. Perhaps more importantly, though, is the fact that judges in the adversarial system have almost no role in the investigation of crimes. At most, judges or magistrates are called upon to sign off on search or arrest warrants that police request. In inquisitorial systems, which are used in most of Europe, as well as many countries... --- ### Your Rights Don't Protect Themselves: Death Penalty Case in Alabama - Published: 2016-12-21 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/your-rights-dont-protect-themselves-death-penalty-case-in-alabama/ - Categories: Criminal Defense When the United States declared its independence from Britain, they created a new country. The rules for that new country were enshrined in the U. S. Constitution. Having just come out of a heated revolution, where even the act of dissenting from the crown of England was often criminally prosecuted in the courts, many of the rights that were guaranteed in the U. S. Constitution dealt with the rights of the criminally accused. Among these rights are those encapsulated in the Sixth Amendment, which guarantees a speedy and public trial by an impartial jury. Another is the Eight Amendment, which outlaws punishments that are “cruel and unusual. ” But these rights need to be fought for and, as an unfortunate case out of Alabama highlights, there can be setbacks. Man Sentenced to Death, Despite Jury Recommendation In the U. S. , there are still 31 states that use the death penalty. Alabama is one of them. When Ronald B. Smith was convicted of murdering a convenience store clerk by a jury in an Alabama courtroom back in 1994, the prosecutor on the case wanted the death penalty. The jury, however, refused to give it to him, instead recommending life without parole by a 7-5 vote. The judge on the case, however, overrode the jury's recommendation, sentencing Smith to death. Smith appealed the decision all the way through the system, throwing the book at the judge's decision. However, the case came to a close when the Supreme Court of the United... --- ### Searches, Privacy, and the Fourth Amendment - Published: 2016-12-19 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/searches-privacy-and-the-fourth-amendment/ - Categories: Criminal Defense As a citizen of the United States, the Constitution guarantees you numerous rights. On a daily basis, the most important of these rights is likely your Fourth Amendment right to be free from searches or seizures that are “unreasonable. ” This protects your privacy from law enforcement and ensures that they can only intrude on your life if they have an objectively good reason to do so. However, the words in the Fourth Amendment have some wiggle room in them that can complicate things. First, it only prohibits searches and seizures that are “unreasonable. ” Second, it only prohibits actions by law enforcement that constitutes a “search” or a “seizure. ” Both of these issues have created lots of court arguments between prosecutors and criminal defense attorneys. Here's why what constitutes a “search” under the Fourth Amendment is so complex. What is a Search Under the Fourth Amendment? When you think of the word “search,” you usually come up with the act of looking for something. However, in the context of the Fourth Amendment, that doesn't mean much – the primary purpose of this Constitutional right is to protect you, not handcuff law enforcement. So when the Fourth Amendment prohibits unreasonable searches, it focuses more on how police intrude on your life than on what they're doing, though both of these are often interrelated. Based on this idea, a “search” under the Fourth Amendment is, in essence, an intrusion into your expectation of privacy by law enforcement. What is an... --- ### How the Supreme Court's Insider Trading Ruling Can Impact You - Published: 2016-12-16 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/how-the-supreme-courts-insider-trading-ruling-can-impact-you/ - Categories: Criminal Defense The Supreme Court of the United States just expanded what it means to commit white collar crime by using insider information to make money. While this ruling will impact what business executives talk about, it also has the potential to impact the lives of regular people, as well. Relatives of Executive Convicted of Insider Trading The case dealt with two brothers and a brother-in-law. Maher Kara was an investment banker at Citigroup, giving him access to insider information on companies in the healthcare field. Maher started sharing insider information with his brother Michael, allowing Michael to make better investments. Michael, unbeknownst to Maher, was also passing this information along to their brother-in-law, Salman, who also used it to make investments. Salman ended up making $1. 5 million in profits on the insider information. When law enforcement caught on, both Maher and Michael plead guilty. The white collar crime charges against Salman, however, went to trial. After being convicted, Salman appealed and his case wound its way all the way to the Supreme Court. There, however, the Court ignored the elephant in the room – the distance between insider, Maher, and the person being charged, Salman. Supreme Court's Decision Complicates Insider Trading The Federal Securities Law that Salman was being charged for required that people who provided insider trading tips must receive some sort of benefit in return, and that people who received the tips not use them for trading. In deciding that Salman violated the law, however, the Supreme Court... --- ### What to do if I'm Charged with a Drug Crime? - Published: 2016-12-12 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/what-to-do-if-im-charged-with-a-drug-crime/ - Categories: Drug Crimes If you have been charged with a crime of possession of drugs, there may be programs available to you to help reduce your sentence or resolve the case more favorably. Let's look at the state side first. If you have been charged with a serious drug crime and you are facing jail time, depending on what your addiction issues are (if you have them), you may be eligible for the drug court program. The drug court program here in the state of Maine is an intensive, supervised outcome. You sign a contract where you have either a good outcome or a bad outcome. The good outcome is after a year if you have done everything you are supposed to do, successfully completed the drug treatment program for drug court, stayed clean, and done what you needed to do, that outcome could be a dismissal of charges, reduction of charges, or something as simple as not going back to jail. The bad outcome is you could be sentenced to the maximum sentence allowed by law. On the federal side, if you are convicted in federal court of a crime involving drugs, and you have a documented substance abuse issue, you may be eligible for the ARDAT program. It is a federal drug rehabilitation program. It is a 500 hour course, it is six months long, and it can knock off as much as a year from your sentence. That would be the only program available to you on the federal side. --- ### Road Fatalities Up Nationwide: Economy Most Likely Factor - Published: 2016-12-05 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/road-fatalities-up-nationwide-economy-most-likely-factor/ - Categories: Criminal Defense Advocacy groups that are against drunk driving, like Mothers Against Drunk Driving (MADD), often insist that their efforts are far more effective than they really are. This isn't surprising – they're advocacy groups, whose sole purpose is to convince others that they're right. However, when it comes to preventing people from dying in car accidents across the United States, the effect of passing more draconian laws that deal with operating under the influence (OUI) is often overblown. Now, researchers at the University of Connecticut are showing that road fatalities might have more to do with the economy than previously thought. After Decades of Decline, Road Fatalities in Sharp Climb Since the 1970s, the number of people who have been killed in car accidents has been in a steady decline. This graph, posted on Wikipedia, shows the total number of people killed in car accidents every year, according to stats gathered by the National Highway Traffic Safety Administration (NHTSA). Since the high point in the early 1970s, these numbers have dropped significantly, despite the fact that the population of the United States has increased by 52%. However, 2015 and the first months of 2016 showed a significant resurgence of road fatalities, both in total numbers and in fatalities per mile driven. Focusing on the first six months of each year, the National Safety Council found that nearly 18% more people died on the road in 2016 than in 2014. The sharp spike was a shock to many. Researchers Find Link to... --- ### Minnesota's Ignition Interlock Device Rule Likely Violates Fourth Amendment - Published: 2016-12-02 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/minnesotas-ignition-interlock-device-rule-likely-violates-fourth-amendment/ - Categories: OUI / DUI / DWI A recent development out of Minnesota shows how the witch hunt for drunk drivers can infringe on your constitutional rights, as guaranteed by the Fourth Amendment. Minnesota's Ignition Interlock Devices Like many states in the U. S. , Minnesota uses ignition interlock devices (IIDs) to penalize people who have been convicted for operating under the influence (OUI). Their law, which was passed in 2010, allows people convicted for drunk driving to use an IID in their vehicle rather than suffer from a lengthy license suspension. The IID requires people to provide a breath sample that is free from alcohol before starting their car. Recently, though, the Minnesota Department of Public Safety (DPS) passed a new regulatory rule that officially changed which IID machines would be used. These new machines included a GPS device that tracked where the car went. Subsequent investigations revealed that this change only made official what had been going on for some time – many of the IIDs that had been installed since 2011 included a GPS device. The DPS claimed that they were not collecting or analyzing the GPS data, but that they couldn't say the same for the companies who made the IIDs. However, the DPS supported the rule change by stating that collecting GPS information would help them respond to OUI violations far quicker. The Fourth Amendment Prohibits Unreasonable Searches Unfortunately for the DPS, the Fourth Amendment of the U. S. Constitution prohibits searches that are unreasonable. A search is a government action that... --- ### How Attorney General Sessions Could Impact Maine - Published: 2016-12-01 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/how-attorney-general-sessions-could-impact-maine/ - Categories: Criminal Defense It's always hard to say just how much a new federal official in a high-level office will change how things work on the ground. In reality, the typical answer is “not much”; the people who sit at the top of the government in Washington, D. C. tend not to influence much of what goes on in Maine's criminal justice system. However, when the president-elect made such a point about heavy prosecution and returning to the days of “law and order,” and then appoints someone like Jeff Sessions to run the Department of Justice, it's important to try predicting what will likely happen. Recent Department of Justice Policies The Department of Justice is basically the prosecutor's office of the federal government. Just like Maine's prosecutors, though, the Department of Justice has a lot of ground to cover and a limited amount of time and resources. Therefore, the person who runs the show – the United States Attorney General – has a lot of say in what gets done and what gets overlooked. The two attorney generals under President Obama – Eric Holder and Loretta Lynch – had focused on violations of civil rights by states. Notably, the Department of Justice under Obama had challenged Arizona's controversial immigration law, and had refused to enforce the Defense of Marriage Act, which had outlawed gay marriage. The Department of Justice Under Jeff Sessions With role of United States Attorney General transitioning to someone new, it's important to see what the incoming attorney general thinks... --- ### Study Ranking States By Safe Drivers Has Flaws - Published: 2016-11-30 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/study-ranking-states-by-safe-drivers-has-flaws/ - Categories: Criminal Defense A new study aiming to settle, once and for all, where the nation's worst drivers are not only managed to rank Massachusetts drivers as some of the safest in the country, but also used metrics so over-simplified that the results shouldn't be taken seriously. This is especially true for how the study handled drunk driving. New Study Ranks States by Driving Skill A car insurance website, CarInsuranceComparison. com, took data gathered by the National Highway Traffic Safety Administration (NHTSA) and used it to find which state had the best and worst drivers. Using five criteria, the study gave each state a rank between 1 and 51 – the District of Columbia was also in the study – with 1 being the worst, and 51 being the best. Once all states had been ranked in each criteria, their scores were added together. The overall scores were then ranked, with the lowest being the state with the most dangerous drivers, and the highest being the state with the safest drivers. The criteria that the study used were: Fatalities per 100 million miles traveled, Percentage of fatal crashes involving a traffic signal, seatbelt, or driver's license infraction, Percentage of fatal crashes that involved drunk driving, Percentage of fatal crashes that involved excessive speed, and The number of car accidents that resulted in a pedestrian and bicyclist fatality, per 100,000 people in the state. Study's Drunk Driving Scores Misleading The study, however, shouldn't be taken too seriously. The criteria that the study used are... --- ### The Holes in MADD's Newest State Report - Published: 2016-11-29 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/the-holes-in-madds-newest-state-report/ - Categories: Criminal Defense The Mothers Against Drunk Driving (MADD) recently released their 2016 State Report, detailing how well each state in the U. S. is dealing with drunk driving and operating under the influence (OUI). Using a set of criteria, MADD assigns each state a rating out of five stars. Our state of Maine got a rating of three stars out of five. However, the way that MADD hands out these ratings is oversimplified, overlooking the realities of how OUI laws and enforcement works, and how it should work. Here's why the 2016 State Report should be treated as the advocacy pamphlet that it is, and not as an objective rating of drunk driving in the United States. MADD's Rating System Makes Things Look Too Simple In their 2016 State Report, MADD gives five topics with two issues each. Each issue can score a state half a star in the ratings. One of these topics deals with Sobriety Checkpoints. MADD hands out half a star if a state conducts them, and another half a star if the state conducts them at least monthly. Of course, sobriety checkpoints are a serious constitutional issue. While the Supreme Court of the United States has deemed they don't infringe on the Fourth Amendment, states are free to strengthen these rights in their own state constitutions. Many of them do. MADD, however, sees this expansion of our Fourth Amendment liberties – some of the most basic in the whole Constitution – as being a negative. In another topic... --- ### Connecticut Police Sued for Fabricating Charges and Evidence - Published: 2016-11-28 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/connecticut-police-sued-for-fabricating-charges-and-evidence/ - Categories: Criminal Defense A developing situation out of Connecticut showcases just how important it is to know your rights, and just how willing police are to push you around to get their way and make their jobs easier. Man Protests OUI Checkpoint Just like in the state of Maine, sobriety checkpoints are legal in the state of Connecticut. However, just because the state of Connecticut has decided that the state's Fourth Amendment equivalent does not protect its citizens from the searches and seizures that a checkpoint entails does not mean everyone in the state is onboard. One particular person, Michael Picard, has taken it upon himself to protect sobriety checkpoints as often as possible. He's convinced that the checkpoints not only violate the Fourth Amendment but also are a waste of police time and public money. On the night of September 11, 2015, Picard protested a sobriety checkpoint in West Hartford by holding a handmade sign that said, “Cops ahead: Keep calm and remain silent. ” Picard also captured video of the checkpoint on his digital camera while legally standing on an island on the side of a highway on-ramp. Altercation With Police After an hour and a half, Picard was approached by two of the officers working the checkpoint. One of them immediately slapped Picard's camera out of his hand. Unaware that the camera was still recording, the cop confiscated it, claiming that Picard didn't have the right to videotape police while they were doing their jobs. The cop left the camera... --- ### How West Virginia's Decision Can Impact Maine's OUI Laws - Published: 2016-11-23 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/how-west-virginias-decision-can-impact-maines-oui-laws/ - Categories: OUI / DUI / DWI In our last blog post, we discussed how West Virginia had just joined California as one of the states where people could be arrested for operating under the influence (OUI) even though they'd never left their own property. Whenever this kind of action happens in other states, Mainers often wonder how it impacts their own lives. After all, each state has its own set of laws, so what happens in West Virginia stays in West Virginia, right? Not quite. In fact, there are several ramifications and nuances to this West Virginia case that can have an impact on our OUI laws here in Maine. West Virginia Thinks It's Following Maine When the Supreme Court of West Virginia was faced with the issue of whether OUI laws prevented people from driving drunk on their own farmland, the judges on the court did what is known as a “jurisdictional sweep” – they looked at other states to see how they handled the issue. Their research led them to believe that there were nearly two dozen other states in the U. S. that outlawed drunk driving on private property. According to the Supreme Court of West Virginia, Maine is one of those states. While West Virginia is not entirely right in this regard, they're also not entirely wrong, either. The Supreme Court of West Virginia pointed to a Maine case from back in 1987, State v. McDonald, as evidence that drunk driving on private land is illegal. However, McDonald dealt with an old... --- ### West Virginia Convicts Man for Driving Drunk on Private Property - Published: 2016-11-22 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/west-virginia-convicts-man-for-driving-drunk-on-private-property/ - Categories: OUI / DUI / DWI It seems like basic logic that the state police can only pull you over and arrest you for operating under the influence (OUI) if you're on a public road. When you're on your own property, they can't touch you because, so long as you're on your property, you can do pretty much whatever you want. Not so, in some other states. In fact, the West Virginia Supreme Court just joined California as one of the states where you can be arrested for OUI without ever leaving the bounds of your yard. Maine is also a state where you can be arrested for drunk driving on your home property. West Virginia Allows OUI Arrests on Private Property Late one night in February, 2012, Joshua Beckett was driving his ATV through his parents' farmland in Monroe County, West Virginia. Beckett crashed, got hurt, and was driven to the hospital in an ambulance. The emergency medical technician noted that Beckett's breath had the smell of alcohol on it, and Beckett admitted to having a few drinks before getting on his ATV. A blood test at the hospital showed that his blood alcohol content (BAC) was 0. 17%, over the amount required for an aggravated OUI charge in West Virginia. Beckett was arrested and charged for aggravated OUI, even though there was no evidence that he'd ever left his parents' farmland or entered a public road. Beckett's case got to the Supreme Court of West Virginia, which noted that the state's OUI law criminalizes... --- ### How Witnesses Work in OUI Cases - Published: 2016-11-21 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/how-witnesses-work-in-oui-cases/ - Categories: OUI / DUI / DWI If you get pulled over in the state of Maine, arrested, and charged with operating your vehicle under the influence of alcohol (OUI), then you'll find yourself being flung headlong into the criminal justice system. As your case winds its way through the system and you get closer to a trial, evidence that you did or did not commit the crime of OUI will come to light. For example, there will be the results of a breathalyzer or a blood test to show your blood alcohol content (BAC), or your refusal to take one. In addition to BAC evidence, though, there may also witness evidence from both police officers, lay witnesses and expert witnesses. Police Witnesses A police officer, of course, has direct knowledge of your case. He stopped your car, spoke with you, administered field sobriety tests and gave you a breath test. The officer must appear in court and testify against you in order for the state to prove their case. Lay Witnesses A lay witness is someone who has direct knowledge of your case other than the police officer(s). This includes you, a bystander who saw what happened, the bartender who served you and your friends or family members that were present during the arrest. If your case goes to trial, any one of these people can be called to the witness stand and made to answer questions about what they know. This means that the state can call them as witnesses, if they know their identities... --- ### Conditional Licenses Can Be Lost Even If You Didn't Drink - Published: 2016-11-10 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/conditional-licenses-can-be-lost-even-if-you-didnt-drink/ - Categories: License Issues If you've been recently convicted of operating a vehicle while under the influence of alcohol (OUI), then you probably had your license suspended. However, if you desperately need you driving rights to get to and from work, then you may have managed to get a conditional license. Conditional licenses, however, only let you drive in a small set of circumstances. One of the limitations that they impose is that you can't drive with any measurable alcohol in your system. What this limitation overlooks is the fact that you can have alcohol in your system, even if you haven't been drinking at all. Numerous innocuous and common things that we do in our daily lives can put alcohol in your bloodstream and put you at risk of losing your conditional license. Paint Thinners If you work as a painter or maintenance professional, one of the last things that you often do while on the clock is clean up your workplace. This often involves using paint thinners and other cleaning chemicals that have alcohol in them. When you're so close to these substances, you typically breathe them in, lodging latent alcohol fumes in yyzer's reading and get your conditional license in trouble is glue. Many of the glues and other adhesives that are used to keep dentures in place on your gums contain trace amounts of alcohol in them. Though small, these adhesives can be measured by a breath test, which is all that has to happen for your conditional license to... --- ### Does an OUI Show Up on a Background Check in Maine? > An OUI conviction in Maine is permanent and will show up on background checks, impacting jobs, housing, and more. Call us for help now. - Published: 2016-11-07 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/does-oui-show-up-on-maine-background-check/ - Categories: OUI / DUI / DWI If you're convicted of an OUI charge, it will absolutely show on your criminal background history. The reason is that in Maine you have no way of expunging your record or sealing those records from public view. It's a criminal offense, just like if you were convicted of murder. That's on your record forever. Same with an OUI. This isn't a special crime. It is a criminal offense, period, and it's a serious criminal offense. And it's gonna have potentially lifelong impact on all aspects of your life, and it's a public record if you're convicted. Your employer can find that. Your landlord can find that. Your friends and family can find that as well. If you’re facing an OUI charge in Maine, it’s crucial to understand the long-term consequences it can have on your life. A conviction isn’t just a temporary setback. At The Maine Criminal Defense Group, we understand the seriousness of these charges and are committed to providing the strongest defense possible. Don’t leave your future to chance. Contact us today to discuss your case and explore your legal options. Blog Posts --- ### Ponzi Schemes, and Why They're Illegal > One type of business that is always illegal in Maine are Ponzi schemes. Here's why Ponzi Schemes are a unique type of white collar crime. - Published: 2016-10-31 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/ponzi-schemes-and-why-theyre-illegal/ - Categories: Ponzi Schemes, White Collar Crimes - Tags: Ponzi Scheme White collar crimes happen in so many different ways, it would be impossible to name and describe them all. As soon as the government issues financial regulations, savvy bankers, accountants, and other financial personnel come up with new ways to get around them. This is why a lot of financial regulations are vaguely-worded – by not tying the hands of government regulators to specific words in the law, it allows them to investigate businesses that operate on the fringes of the regulation. One type of business that is always illegal, however, is a Ponzi Scheme. Here's why Ponzi Schemes are unique in the field of white collar crime. Ponzi Schemes are Structured to Defraud The touchstone of what makes one business legitimate and another one a white collar crime is fraud. By being deceitful for your own financial gain, you toe the line between a legitimate business venture and a fraudulent one. Ponzi Schemes are built to defraud people. Because they cannot be made in a legitimate way, they are per se illegal. What are Ponzi schemes? A Ponzi Scheme is a type of investment fraud as per Maine statute Title 32 § 11206. When you invest in a business, you're giving that business money, and getting the opportunity to reap the dividends of that investment if that business grows. In order to grow, however, a business needs assets that work together to make a profit. Ponzi Schemes, however, don't have any assets. Instead, they trick people into investing in... --- ### New Survey Published on BAC Refusal Rate - Published: 2016-10-28 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/new-survey-published-on-bac-refusal-rate/ - Categories: OUI / DUI / DWI Maine has an implied consent law that levies an automatic license suspension on anyone who refuses a police officer's request that they take a blood alcohol content (BAC) test after being pulled over. The purpose behind these implied consent laws is to prevent driving under the influence (DUI) suspects from refusing BAC testing, and push them into giving important evidence to law enforcement. Nevertheless, some people still refuse BAC testing when they get pulled over, choosing to take the automatic license suspension, rather than risk a DUI conviction. However, in an updated survey conducted by the National Highway Traffic Safety Administration (NHTSA), not very many of them live in the state of Maine. Survey Explores Where People Refuse BAC Testing Each state has its own set of DUI laws, with its own scheme of penalties for first, second, and third offenders, as well as its own implied consent law that penalize people who don't submit to a BAC test after being pulled over. Additionally, as anyone who has lived in multiple regions of the United States can attest to, every state has its own unique culture. Together, these factors impact how often people refuse a BAC test after being pulled over on suspicion of drunk driving. The NHTSA, which had periodically surveyed how often drivers refused a BAC test, recently updated their findings, using data from the most recent year available, 2011. Unfortunately, because each state has their own way of compiling these numbers, only 45 states were included in... --- ### Supreme Court Weighs in on Implied Consent Crimes - Published: 2016-10-26 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/supreme-court-weighs-in-on-implied-consent-crimes/ - Categories: Criminal Defense When it comes to the grand scheme of Maine's operating under the influence (OUI) laws, implied consent rules serve a crucial purpose. However, with the changes to OUI laws over the past few decades to make them more and more draconian, implied consent laws have also been beefed up until they're so harsh that they can implicate your Fourth Amendment rights. A recent Supreme Court case, Birchfield v. North Dakota, sheds light on how this works. Supreme Court Rules on Drunk Driving Laws To keep drunk drivers from avoiding a serious OUI conviction by refusing to take a blood-alcohol content (BAC) test, and thereby accepting a lesser infraction for implied consent, twelve states turned implied consent violations from administrative infractions into actual crimes. By turning them into crimes, though, gathering evidence of an implied consent infraction suddenly implicated an OUI suspect's Fourth Amendment right to be free from unreasonable searches and seizures. When it comes to an implied consent crime, the relevant search that police have to do is to request an OUI suspect to take a BAC test. If they refuse to do so, there's the evidence of a violation. However, if requesting a BAC is unreasonable, and therefore in violation of the Fourth Amendment, then any evidence obtained through that request is excluded from court, and cannot be used. The case that went to the Supreme Court of the United States involved two drivers in states where violating implied consent is now a crime. One of them refused... --- ### Implied Consent Laws Have Grown So Harsh They Implicate Your Fourth Amendment Rights - Published: 2016-10-25 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/implied-consent-laws-have-grown-so-harsh-they-implicate-your-fourth-amendment-rights/ - Categories: Criminal Defense In one of our latest blog posts, we covered why we have implied consent laws in Maine. In short, implied consent laws are a legal mechanism to automatically penalize someone for refusing to take a chemical test to determine their blood alcohol content (BAC). By implying your consent to take one of these tests whenever you drive on the roads in Maine, you stand to lose your license automatically if you then refuse to take one. Recently, though, these implied consent laws have been evolving to keep up with the changing landscape of driving under the influence (DUI) law. Unfortunately, the changes that they've gone through have started infringing on your Fourth Amendment rights. The Changing Landscape of DUI Laws A DUI is a highly politicized crime. There are a lot of people who have been impacted by drunk drivers, and they have taken to the political system in force, creating advocacy groups like Mothers Against Drunk Drivers (MADD) and other spin offs. These organizations support politicians who act tough on drunk drivers. To get that support, many politicians walk the walk to get the votes that put them in office. As a result, DUI laws have gotten stricter over the past decades, with higher fines and more jail time for even first offenses. Implied Consent Laws Struggle to Keep Up As DUI laws have gotten overly strict, more and more people have decided to refuse to take a chemical BAC test, opting to have their license automatically suspended, rather... --- ### Why We Have an Implied Consent Law - Published: 2016-10-21 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/why-we-have-an-implied-consent-law/ - Categories: Criminal Defense There are a lot of laws on the books in Maine that, on first inspection, seem to be there for the sole purpose of boggling your mind. In many of these cases, though, it can be helpful to try to understand the problem in our society that these laws are trying to deal with. After all, in theory at least, our laws are made by the people we have chosen to represent us, for the benefit of everyone. Implied consent laws are some of those that are difficult to understand. They are radically different in different states, and have enforcement mechanisms that can cause confusion. However, taking a step back and seeing how Maine's implied consent law fits into the bigger picture can help understand its purpose and why we still have it. What Are Implied Consent Laws? An implied consent law is, at its core, fairly simple: By driving on the roads of Maine, you are deemed to have tacitly agreed to consenting to a chemical test if a police officer requests that you take one. If you get pulled over and a police officer suspects that you're driving under the influence (DUI), then they can request that you take a chemical test, like a breathalyzer, or a blood, or urine test. Refusing to do so breaks the implied consent law, which leads to an automatic license suspension. Why Do We Have Implied Consent Laws? Implied consent laws fill a gaping hole in how police enforce Maine's DUI laws.... --- ### Maine's New $300,000 Mobile OUI Lab is a Waste - Published: 2016-10-19 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/maines-300000-mobile-oui-lab-waste/ - Categories: OUI / DUI / DWI It seems that the state of Maine has endless financial resources to combat drunk driving. Unfortunately, all of that money and effort is being put into the same old tactics that have been shown, time and again, to be ineffective and impractical at enforcing our laws that prohibit operating under the influence (OUI). Most recently, state and federal safety officials unveiled a new, 37-foot mobile OUI lab, bought by the state of Maine with a $300,000 grant from the National Highway Traffic Safety Administration. However, despite the proclamations of law enforcement and the state officials behind the expensive purchase, Maine's new OUI lab does nothing new to help police officers find and arrest people they suspect of drunk or drugged driving. Maine's New Mobile OUI Lab To hear officials from the Maine State Police and the Department of Public Safety talk about the Impaired Driving Roadside Testing Vehicle, you'd think that it was going to be an absolute game-changer for OUI testing. The massive OUI lab, larger in size than many recreational vehicles on the road, has an onsite Intoxilyzer 8000 machine to detect alcohol on an OUI suspect's breath, as well as an inside area for police to conduct field sobriety tests. The field sobriety testing area is monitored by a camera set up, so the results of the testing can be used as video evidence of an OUI. Police departments around Maine can request the vehicle on any given night, and the state police anticipate using it at... --- ### Obama Commutes Record Number of Federal Drug Sentences - Published: 2016-10-18 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/obama-commutes-record-number-of-federal-drug-sentences/ - Categories: Drug Crimes During his time in office, President Obama has taken an increased interest in the plight of America's criminal justice system. Ever since the 1980s, when state and federal politicians adopted “tough on crime” personas to win voters, our country's jails have become filled with inmates serving lengthy prison times for nonviolent offenses. Most of these are sentences for drug crimes. However, having to deal with a Congress that has seemed uninterested in changing things, President Obama has struggled to fix these sentencing provisions that are punishing people beyond what they deserve. Recently, though, he has resorted to another method of easing the pain: The presidential pardon. President Obama Sets Records for Presidential Pardons In the past couple of years, President Obama has increasingly resorted to using his presidential power to pardon criminals who have been convicted of nonviolent federal drug offenses. This power, guaranteed by the Constitution in Article II, Section 2, allows the president to wipe out or reduce the sentence of a criminal convicted of a federal crime. The practice had been used sparingly by presidents in the past, but Obama has resurrected it to do what he can, without the approval of the Republican-controlled Congress. The latest batch of sentences that President Obama commuted came on October 6, 2016, when he commuted the sentences of over 100 more inmates who had been sentenced to lengthy prison times for nonviolent drug offenses. This batch of commuted sentences raises the total of sentences Obama has commuted to 774, which... --- ### Statistics Show that Stop and Frisk Does Not Work - Published: 2016-10-17 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/statistics-show-that-stop-and-frisk-does-not-work/ - Categories: OUI / DUI / DWI During the recent presidential debate, Republican nominee Donald Trump brought up the police tactic of stopping and frisking a suspect, also known as a Terry stop. The move has become controversial because it allows police officers to temporarily detain someone if the officer has a “reasonable suspicion” – something less than probable cause – that they're committing or are about to commit a crime. As a result, people of color have been disproportionately targeted by the tactic to such an extent that the New York Police Department (NYPD) has been deemed to have violated the constitutional rights of many of the people in the city. Nevertheless, Trump claimed that stop and frisk was a good idea. He has even been on record saying that the practice should not be used by individual police departments, but should instead be adopted as a nationwide policy of law enforcement. His main support for this claim is that stop and frisk works to get rid of crime by finding criminals and deterring crime. Unfortunately, this just isn't true. Stop and Frisk Is Terrible at Finding Criminals The largest scale use of stop and frisk by a police force was in New York between 2003 and 2012. During these years, police of the NYPD performed stop and frisk an average of 479,254 times per year. Out of these, an average of 422,277 of those stopped and frisked were not charged with a crime – they were completely innocent when the police detained them. That means... --- ### What Does OUI Mean? - Published: 2016-10-17 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/what-does-oui-mean/ - Categories: OUI / DUI / DWI In Maine, OUI means Operating Under the Influence, and that's a motor vehicle. We're not talking about watercraft, which is a separate statute and separate title. OUI refers to operating a motor vehicle. Operating Under the Influence means that your abilities are impaired to any degree, however slightly, by alcohol or drugs, and drugs in Maine are defined as prescription medications, illegal drugs, or any other chemical that's foreign to the body. So technically, if you've been painting indoors all day and now you find yourself a little bit light-headed and dizzy, and you get behind your vehicle, that could be considered impairment. If you took your prescription medication, such as Zoloft, and you had a half a glass of wine with it, even if you're not even a . 02, that could be impairment. Much of this depends on how you perform on these field sobriety tests. So OUI in Maine is very broadly construed with really tough ramifications, because it is a very tough law. --- ### Courts Have Declared New York's Stop and Frisk Policy Unconstitutional - Published: 2016-10-14 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/courts-have-declared-new-yorks-stop-and-frisk-policy-unconstitutional/ - Categories: Criminal Defense Presidential nominee Donald Trump made some headlines recently when, during the first presidential debate of the campaign, he said that the police practice of “stop and frisk,” also called Terry stops, that had been used in New York City should be used on a national scale. To defend this statement, Trump claimed that New York's use of stop and frisk had been perfectly constitutional, that it was not ruled unconstitutional by the courts, and that it had worked to reduce crime. We've already gone over why New York City's use of stop and frisk was unconstitutional . Here's why Trump is incorrect in saying that courts hadn't already outlawed the practice. What Trump Said The exchange happened during the first presidential debate, on September 26, 2016. Moderator Lester Holt fact-checked a prior statement by Trump, and pointed out that “stop and frisk was ruled unconstitutional in New York. ” Trump responded with, “No, you're wrong. It went before a judge, who was a very against-police judge. It was taken away from her. And refused to forward with the case. They would have won an appeal. ” Some of what Trump said is, technically, true. However, it glosses over what really happened. Courts Ruled New York City's Stop and Frisk Policy Was Unconstitutional The New York City Police Department (NYPD) adopted an official stop and frisk policy in 2002. In the following years, stop and frisk was used overwhelmingly on minorities. Some blacks and Hispanics who were stopped sued the NYPD,... --- ### Can you own a gun with a domestic violence charge in Maine? > If you're charged with domestic violence & have questions with your rights to own a firearm in Maine, call The Maine Criminal Defense Group. - Published: 2016-10-10 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/can-you-own-a-gun-with-a-domestic-violence-charge-in-maine/ - Categories: Domestic Violence, Weapons Charges - Tags: domestic violence Most domestic violence charges, if you're convicted, are going to federally prohibit you from owning a firearm. It doesn't mean you can't go out with a bow and arrow, but a firearm, you'll be prohibited. That means a rifle, a handgun, semi-automatic, or revolver. Any essentially rim-fire or center-fire weapon, you're prohibited from owning. Firearm prohibition for domestic violence misdemeanors in Maine Under Maine law, individuals convicted of certain domestic violence misdemeanors are temporarily prohibited from possessing firearms. This prohibition is designed to enhance public safety and reduce the risk of further harm in cases involving domestic violence. The offenses that trigger this firearm prohibition include: Domestic violence assault Domestic violence criminal threatening Domestic violence terrorizing Domestic violence stalking Domestic violence reckless conduct Similar crimes committed in other jurisdictions This restriction also applies to individuals adjudicated for engaging in such conduct as juveniles. The prohibition lasts for five years from the date the person is fully discharged from the sentence, including jail time, probation, or parole. It’s important to note that this firearm restriction does not extend to individuals convicted of similar crimes against dating partners, as defined under Maine law. Domestic violence charges and possession of a firearm in Maine Domestic Violence Assault is a lifetime prohibition from ever using, owning, or possessing a firearm. If you make the horrible mistake of disregarding that prohibitions and six or seven years from now you decide to go hunting with your buddies up in the Allagash, and you get pulled over... --- ### What is the Average Jail Sentence for Domestic Violence in Maine? > Learn about jail sentencing for domestic violence in Maine, including probation periods & potential extended jail time for non-compliance. - Published: 2016-10-03 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/what-is-the-average-jail-sentence-for-domestic-violence-in-maine/ - Categories: Domestic Violence - Tags: domestic violence When you're convicted, or if you were to be convicted of any crime of domestic violence, there is a standard sentence that would be imposed. It would be either some period of jail (whether it be short or long) and an unsuspended portion while you're on a period of probation for 2 years. For example, you might get (in a very minor case) 48 hours of jail time, and you have a suspended sentence of 180 days, which means that while you are on probation for 2 years, if you don't follow what you are supposed to do while you're on probation, you could end up going back to jail for 180 days. So it's not necessarily the front end that you have to be concerned about, it's the back end. Then what has to happen is if you are a male, and you've been convicted of domestic violence, you're going to go to Violence No More, which is a certified batterers intervention program. It's 48 weeks, you have to pay for it, it's required, and it's a very difficult process to have to sit through, especially if you went unrepresented and pled guilty because it was easier, or maybe you didn't have the financial wear withal to retain an attorney, and you actually thought you were innocent. Now you must sit there, once a week, & say that you're a batterer in a room full of people. It's a demeaning and a humiliating process for people to go through.... --- ### Why Trump Is Wrong When He Says Stop and Frisk Is Constitutional - Published: 2016-09-30 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/why-trump-is-wrong-when-he-says-stop-and-frisk-is-constitutional/ - Categories: Criminal Defense With yet another presidential election just around the corner, we're being bombarded with the campaign promises from both candidates and put in a position to pick between them. While presidents are not known for delving into aspects of the criminal law and how police should be enforcing the law, this election has been an exception, with Donald Trump speaking at length about New York's “stop and frisk” policy. However, there are three things that Trump gets wrong, when it comes to this policy. The first thing he gets wrong is that it's constitutional. The second is that it hasn't already been struck down by the courts. The third is that it works. Here's why Trump is wrong – or at least misleading – when he says that New York's stop and frisk policy abides by the constitution. The Constitutionality of Stop and Frisk, as a Whole Stop and frisk is the practice of police officers approaching someone on the street that they have a reasonable suspicion of, asking that person some questions, and conducting a quick “pat down” to look for weapons or contraband. Stop and frisk, as a concept, has been deemed constitutional since the Supreme Court of the United States said so in Terry v. Ohio, which is why this practice is also called a “Terry stop. ” New York's Stop and Frisk Policy Was Different Even though the concept of doing a Terry stop is constitutional, that doesn't mean that police departments have free reign to do... --- ### Court Expands Who Can Consent to a Search - Published: 2016-09-30 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/court-expands-who-can-consent-to-a-search/ - Categories: Criminal Defense A recent case from Illinois ended with the appellate court deeming that someone could legally consent to a police search of a computer owned by her ex-boyfriend. The case, U. S. v. Wright, showcases just how limited the Fourth Amendment's protections really are, and how willingly courts take surprising steps to get around it and help the prosecution. Police Investigation The incident all started when police responded to a domestic dispute between Mr. Talon Wright and Ms. Leslie Hamilton. The two had recently broken up, and during the incident, Hamilton insinuated that her ex-boyfriend had committed a crime. When asked about it afterwards by detectives, Hamilton consented to a search of the apartment that was leased in her name, and from which she was in the process of evicting Wright. In the apartment's living room was a desktop computer, owned by Wright. However, everyone living in the apartment, including Hamilton and Hamilton's three children from another relationship, had been allowed to use the computer and knew the password to it. Detectives, suspecting that the computer had evidence of Wright's crime, asked Hamilton – not Wright – if they could search it. When she consented to the search, they found evidence of a federal crime and Wright was charged. When the evidence obtained from the computer search was admitted to court, Wright appealed. However, the appellate court determined that Hamilton had authority to consent to the search and that, therefore, the evidence should be admitted. Consent by Someone with Authority Under... --- ### Fleeing from Police a Reasonable Response in Massachusetts - Published: 2016-09-29 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/fleeing-from-police-a-reasonable-response-in-massachusetts/ - Categories: Criminal Defense The highest court in neighboring Massachusetts made a potentially huge statement in one of its most recent cases, ruling that – in light of the police violence against young black men – running away from officers should not weigh heavily in a cop's determination of whether they have a reasonable suspicion to stop them. What Happened The case, Commonwealth v. Warren, started when police responded to a robbery in Boston. The victim reported that someone had taken things out of his bedroom and run away. He described them as three black males, one wearing a red hoodie, one wearing a black one, and the last wearing “dark clothing. ” One officer later saw two black men, both in dark clothing. The officer called to them, but they jogged away. Moments later, another officer found the same two, called to them again, and they ran away. Both of the men were pursued and eventually apprehended. A subsequent search of one of the men, Jimmy Warren, revealed evidence of the crime of possessing an unlicensed firearm. Running Away From Police, and Reasonable Suspicion In order for police to justifiably stop a suspect and talk with them, the officer needs to have at least a reasonable suspicion that the suspect played a part in a crime, or is about to play a part in a crime. In Massachusetts, at least, running away from an approaching police officer is one of the factors that gets taken into account as to whether a cop can... --- ### Engineers Build Device that Might Change Drugged Driving Investigations - Published: 2016-09-28 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/engineers-build-device-that-might-change-drugged-driving-investigations/ - Categories: Drug Crimes Even though operating under the influence (OUI) is often thought of as another way of saying “drunk driving,” in reality it's far more wide-reaching. It doesn't apply just to people who are behind the wheel of a vehicle and under the influence of alcohol. Instead, it also includes people who are driving while under the influence of drugs, as well. Unfortunately, enforcing OUI laws in Maine is much trickier when it involves drugs, rather than alcohol. It is far from an exact science, but the amount of alcohol in your bloodstream can be measured. On the other hand, the amount of THC – the chemical hallucinogen in marijuana – in your blood takes weeks to change, making it useless to measure to determine if someone is under the influence, at that particular time. The problem with this is that it allows police to use their own discretion in determining who is driving while under the influence of drugs, something that often produces inaccurate and unfair results. However, engineers at Stanford University have come up with a breakthrough that can change how law enforcement investigates drugged driving crimes. Stanford University's “Potalyzer” A team of researchers at Stanford University, led by a professor of materials science and engineering, Shan Wang, have developed an easily portable device that uses magnetic biosensors to detect THC molecules that can be found in saliva. The device can detect THC concentrations as low as 0 to 50 nanograms per milliliter of saliva, precise enough to satisfy preliminary... --- ### Braintree Police Department Mishandles Evidence - Published: 2016-09-27 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/braintree-police-department-mishandles-evidence/ - Categories: Criminal Defense Once again, a Massachusetts police force is having problems with its own internal procedures for handling evidence, resulting in numerous cases being thrown out and drawing attention to the fact that law enforcement is far from the standard of ethical perfection they hold themselves out to be. Braintree Police Department Audits Its Evidence Room It all started in May, 2016, when the Braintree police chief, Russell W. Jenkins, decided to conduct an audit of the department's evidence room, where police held evidence that would be used against people charged with a crime. These rooms are supposed to be the pinnacle of organization, because confusing pieces of evidence can have a profound impact on someone's upcoming trial. Jenkins was suspicious of something being wrong in the evidence room, but needed to prove it. He hired a company called Narcotics Audit Solutions, which was run by a former major on the force, Bruce Gordon. Gordon interviewed police officer Susan Zopatti, who was in charge of the evidence room from 2013 through 2016, on May 13. Less than a week after the interview, Zopatti had committed suicide. Large Amounts of Evidence Lost, Stolen, or Misplaced The audit quickly found that the evidence room of the Braintree Police Department was a mess. Evidence was unlogged, miscategorized, or misplaced. Evidence that had been destroyed was listed as active, while evidence that was still in existence was listed as destroyed. Money that had been seized had been stored in a filing cabinet, but many of the... --- ### What Happens When a Criminal Law is Too Vague to Understand? - Published: 2016-09-19 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/what-happens-when-a-criminal-law-is-too-vague-to-understand/ - Categories: Criminal Defense Before a criminal law is made or modified, it goes through a long and supposedly arduous process in the Maine State Legislature that is meant to ensure that the end result is the best and most precise law that can possibly be made. Unfortunately, this is not always the case. Many criminal laws hit the books that are controversial or simply poorly drafted, resulting in countless unfair outcomes to innocent people. One of the ways that a criminal law can be unfair is if it is so poorly written that it's difficult to tell what it makes illegal. This can be especially dangerous because history has shown us that using vague criminal laws is a favorite tactic of governments that want to exert more control over its citizens. It is to prevent this possibility and avoid unjust prosecutions that the courts have decided that these kinds of laws violate the Constitution. The Void for Vagueness Doctrine In theory, criminal laws are created for a handful of purposes: They're meant to deter people from committing bad acts, punishing them for committing the ones that they do, and keeping offenders away from the rest of society so they can learn to be better people. Not one of these purposes, however, is furthered by a criminal statute that is so vague that it's difficult to tell what it outlaws. Instead, all that it does is make people suffer at the hands of the state for reasons they only understand, after the fact, if... --- ### Privacy Should Not Require Secrecy: The Decline of the Third Party Doctrine? - Published: 2016-09-16 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/privacy-should-not-require-secrecy-the-decline-of-the-third-party-doctrine/ - Categories: Criminal Defense As our recent blog posts have made clear, the protections that the Fourth Amendment offers to American citizens has serious gaps in it, and perhaps the widest among these gaps is the third party doctrine. By allowing the government to obtain information or other physical materials that you have voluntarily given to a third party without conducting a “search” that implicates your Fourth Amendment rights, the third party doctrine opens up a treasure trove of information for law enforcement to freely access, if they want to learn more about you. The Growth of the Third Party Doctrine For nearly three decades, the courts in the United States have not only allowed this to happen, but have opened the door ever wider, granting police the ability to look through your trash, phone records, and internet history for evidence against you. Because you have given this information to someone else – like your garbage man, phone company, or internet service provider – courts have decided that you must not care if the police can have it, too. However, there is finally some movement in the opposite direction. Third Party Doctrine Finally Being Criticized In today's digital age, when so many people put so much information on their Facebook page, and when you use your phone's GPS to get directions to a new restaurant, the amount of personal information that you truly keep private is shrinking beyond belief. And courts are finally starting to notice how bad it has become. In a Supreme... --- ### How Police Can See Your Internet History - Published: 2016-09-15 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/how-police-can-see-your-internet-history/ - Categories: Criminal Defense One of the biggest ways that law enforcement can get around your Fourth Amendment rights is by gathering evidence without conducting a “search. ” If it's not objectively reasonable for you to assume that something will be kept private, then the police can get it and use it as evidence without having to get a search warrant or prove that the search fell within a warrant exception. Importantly, if you voluntarily give information or something else that can be used as evidence to a third party, then it's deemed that you can no longer assume that it will be kept private. Therefore, police can get the material from the third party without implicating your Fourth Amendment rights, because they aren't conducting a “search. ” This is called the third party doctrine, and impacts many of the things you do every day, like taking out your trash, or making a phone call. What You Do On the Internet Likely Falls Within the Third Party Doctrine Whenever you're online and do a Google search, Google takes note of what you search for, as well as where you were, when you searched for it. It's what allows Google to better predict what you're going to type into the search bar, and to provide only local results for when you search for “restaurant,” rather than hits for places on the other side of the country. Additionally, many other websites utilize terms of use that allow them to plant cookies in your browser, letting them... --- ### Police Can Track Who You Call on Your Phone - Published: 2016-09-07 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/police-can-track-who-you-call-on-your-phone/ - Categories: Criminal Defense One of the most important Amendments to the United States Constitution, especially when it comes to your rights as a U. S. citizen in the eyes of law enforcement, is the Fourth Amendment. This Amendment prohibits the government – both the federal and the state – from conducting searches that are deemed unreasonable. However, over the more than two hundred years since this Amendment became law, it has been interpreted and limited in lots of important ways. One of the ways that the Fourth Amendment has been weakened is by narrowly defining what is meant by a “search. ” Information Given to a Third Party Is Accessible to Law Enforcement Generally, whenever you voluntarily give information to someone else, law enforcement can access that information without conducting a “search,” allowing them to gather evidence against you in a criminal investigation without implicating your rights under the Fourth Amendment. This is called the third party doctrine, and comes up in numerous situations that you encounter in your daily life, such as what you do with your garbage. Police Can Monitor Who You Call on the Phone Another way that the third party doctrine allows police to infiltrate your day-to-day life is by letting them see which numbers you call on your phone. Whenever you pick up your phone, whether it's your landline or your cell phone, and dial a number, the number that you dial goes to the phone company, which links you to the person with that phone number. Importantly,... --- ### Police Can Search Your Trash Without Infringing on Your Rights - Published: 2016-09-01 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/police-can-search-your-trash-without-infringing-on-your-rights/ - Categories: Criminal Defense The Fourth Amendment prohibits searches and seizures that are unreasonable. While a lot of work as a criminal defense attorney revolves around what it means for a search or seizure to be “unreasonable,” there's another question that comes up less often, but is just as important: What is a “search”? Searches Intrude on Your Privacy An important aspect of a “search” under the Fourth Amendment is that it intrudes on what you should reasonably expect to be able to keep private. Over the past few decades, courts have determined that there are a handful of situations where police searches do not intrude on a suspect's privacy, because the information the police obtained had been voluntarily given by the suspect to someone else, first. This is the third party doctrine and comes to play in numerous situations that arise in your daily life. For example, it comes up when police want to search your garbage. Your Garbage is Not Protected by the Fourth Amendment When you throw something away, you'll often put it into a trash bag, tie up the trash bag, put the bag in a garbage can, and leave the garbage can on the curb. Even though the bag itself is often opaque to prevent someone else from seeing it, and even though the garbage can will typically have a lid on it to prevent others from getting inside, courts have decided that it's a fact of life that these protections don't prevent people from rooting through your trash.... --- ### When a Search is Not a Search: The Third Party Doctrine - Published: 2016-08-31 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/when-a-search-is-not-a-search-the-third-party-doctrine/ - Categories: Criminal Defense One of the trickier things about the Fourth Amendment's prohibition of “unreasonable searches and seizures” is whether an act by the government actually constitutes a “search” or a “seizure. ” If law enforcement finds evidence of a crime, but did not technically “search” for it, then the Fourth Amendment doesn't protect you from their conduct. An important part of this concept is called the third party doctrine. The Third Party Doctrine In the course of your day-to-day life, you give other people certain bits and pieces of information about you. Your bank has information about how much money you have in your account, and when it was put there, while your phone company has records of who you called, when, and how long you talked. All of this information, you voluntarily give to someone else, often in the form of a contract. Typically, you give permission to collect this information in a standard form that you signed before you open your bank account, or in the contract you signed when you bought your cell phone. However, if police are searching for evidence of a crime, this information can be crucial. For example, if you're being investigated for a white collar crime, like fraud, then your phone records can be an important piece of evidence. Obtaining Evidence Held By a Third Party Is Not Considered a “Search” Because you have already voluntarily granted someone else – the third party – permission to collect your information, courts have decided that you no... --- ### When Police Don't Need a Warrant - Published: 2016-08-30 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/when-police-dont-need-a-warrant/ - Categories: Criminal Defense Knowing your rights during a police investigation can make a huge difference in the outcome. Always keep in mind that the general rule of thumb is that police need to have a warrant to conduct a search or make an arrest. If police don't have a warrant and want to conduct a search, then their search would have to fall within one of the following categories for it to be legal. Exigent Circumstances An exigent circumstance is a situation where the police have to take immediate action to prevent evidence from being moved, hidden, or destroyed, or where they are responding to an emergency. A classic example of an exigent circumstance is when police are in a foot chase with someone they suspect of having committed a crime, and the suspect runs into a house. Ordinarily, police would have to secure a warrant to enter the house and make an arrest. However, because the police are in hot pursuit and the suspect would get away if they stopped for a warrant, they're allowed to rush into the house to continue the chase. Vehicles Similar to the exigent circumstances exception, police can search vehicles without a warrant because cars can be moved easily, making any evidence in them difficult to trace. There are nuances to this exception but, in general, police do not need a warrant to search your vehicle. Search Incident to Arrest Whenever police make an arrest, they're allowed to search that person for evidence and for weapons. Police... --- ### You Have a Right to an Attorney During These "Critical Stages" of the Process - Published: 2016-08-29 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/you-have-a-right-to-an-attorney-during-these-critical-stages-of-the-process/ - Categories: Criminal Defense If you ever get charged with a crime, the Fifth Amendment guarantees your right to have an attorney represent and protect you in court. However, this right is not unlimited – it does not mean that your attorney has to be at your side at all times. Instead, there are certain “critical stages” in the criminal procedure that cannot be done without your criminal defense attorney present. Here are those “critical stages. ” Post-Indictment Lineups Once you've been indicted for a crime, if police want to bring a witness in to identify you out of a lineup of potential suspects, then you have a right to an attorney. Having your attorney with you at this point is meant to ensure that the lineup is done properly, and that the witness is not pressured into identifying you in the lineup. Notice that this only includes lineups that happen after an indictment. In the immediate aftermath of a crime, lineups are often conducted hastily so police can make an arrest. In these pre-indictment lineups, you don't have a right to your attorney. Arraignment The arraignment is your initial court appearance, where you state whether you intend to plead guilty or not guilty. Because it involves such a critical decision in your defense, you're entitled to have your attorney there with you as you make this decision. Preliminary Hearings Between your arraignment and your trial, there will be a series of hearings that you'll have with the prosecution. These hearings are absolutely crucial... --- ### What Is the Difference Between a Statute and a Case? - Published: 2016-08-25 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/what-is-the-difference-between-a-statute-and-a-case/ - Categories: Criminal Defense The legal system is a confusing place, especially for people who did not go to law school or extensively study the U. S. government in college. One thing that often confuses people who are new to the legal world is the difference between statutes and cases. Both of these are used by judges when they issue a ruling. Seeing how this all works out can help you better understand what's going on, in your own legal situation. The Difference Between Statutes and Cases Simply put, the difference between a statute and a case is where it comes from. Statutes come from legislatures, like Congress or the Maine State Legislature, where people you elect write and vote on proposed laws. These laws, if passed, become statutes. These statutes become the law that we are all expected to abide by. Cases (or case law), on the other hand, come from courts, where judges use statutes and prior cases to resolve specific disputes concerning constitutional issues. Why Cases Are So Important Cases are crucial, especially in the criminal law, because statutes – also known as “legislative law” – are never perfectly written to account for every possible situation. For example, take Maine's statute on assault, which makes it illegal for someone to “intentionally, knowingly or recklessly cause bodily injury or offensive physical contact” to someone else. While this statute might seem pretty solid, notice that, for example, assault requires either “bodily injury” or “offensive physical contact. ” What does that mean? What is... --- ### Why Do We Have Criminal Laws? - Published: 2016-08-24 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/why-do-we-have-criminal-laws/ - Categories: Criminal Defense Because it's such a big part of our lives, it can be easy to just assume that having a criminal justice system is a necessity. However, like everything else in the government, the criminal law should not be blindly accepted without thinking about the purposes that it serves. Even though every culture has had some form of criminal justice system, it's only been over the past few centuries that people have thought about why we have it. After years of arguing, four purposes for having a criminal justice system have emerged. They are retribution, restraint, rehabilitation, and deterrence. Retribution One of the aims of criminal law is simply to make wrongdoers suffer. While this is a mainly emotional aspect of why we have criminal laws, it's still one of the biggest reasons why we feel the need for them. Punishing wrongdoers makes the person who has been victimized by the crime feel as if they have received justice. Additionally, seeing a wrongdoer being punished sends a message to potential wrong-doers. Together, these two reasons make people feel as if a criminal justice system is necessary for a civilized society. Restraint Another purpose of criminal law – and of incarceration, in particular – is that it allows society to keep away those who have hurt others. This is one of the reasons why major crimes, like murder, are punishable by long periods of restraint, typically in the form of jail time. In theory, it makes the society a safer place because... --- ### Michigan Allows Saliva Testing for Drugged Driving; Why It Won't Work - Published: 2016-08-23 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/michigan-allows-saliva-testing-for-drugged-driving-why-it-wont-work/ - Categories: OUI / DUI / DWI Different states all have their own sets of criminal laws, and their own ways of enforcing them. That's why, while both Maine and New Hampshire agree that operating under the influence (OUI) is illegal, the penalties that you can face are different, depending on which state you get arrested in. But states are also different from each other in how they choose to enforce their laws. For example, South Dakota recently made headlines by forcefully using catheters to get urine samples from OUI suspects. Now, Michigan has passed a law that allows police to test a driver's saliva if he or she is suspected of driving while under the influence of drugs. Drugged Driving is a Complex Problem OUI laws are ambiguous when it comes to what substance is at issue. While people tend to only think about drunk driving, OUIs also include people who drive while drugged. However, drugged driving opens up a whole can of worms because there are a lot of drugs out there, with each one affecting people in unique ways. Worse, detecting different kinds of drugs requires different testing methods, and each drug stays in your bloodstream for different lengths of time. To top it off, different drugs become intoxicating in different amounts. Because of all of these complexities, drugged driving laws are notoriously difficult to enforce, resulting in numerous injustices to innocent people. The science simply hasn't caught up with the legal issue. Unfortunately, that's not stopping law makers in Michigan. Michigan to Conduct... --- ### How do Police Get Search Warrants? - Published: 2016-08-22 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/how-do-police-get-search-warrants/ - Categories: Criminal Defense We've talked a lot about warrantless searches previously. Police can conduct a search for evidence of a crime without a warrant if their search happens within a small set of circumstances. However, once police get a search warrant, their search is perfectly legal as long as they abide by any limitations in the warrant. But how to police get a warrant? If you're suspected of committing a crime, you'll rarely be aware of the warrant process, so there's little that you can do to help yourself. Nevertheless, it's an integral part of a police investigation that can be helpful to understand. Neutral and Detached Magistrates When police want to conduct a search, but can't make it fit within the circumstances that lets them search without a warrant, they need to go to a “neutral and detached” magistrate to convince him or her that the police have probable cause to believe criminal activity is going on. A magistrate is a member of the judicial system, often a judge. However, it can't be any judge. A magistrate can only issue a search warrant if he or she is not somehow involved in the investigation. If a judge suspects a neighbor of a crime, then that judge cannot be the one to sign off on a search warrant because that judge is not “neutral and detached. ” Showing Probable Cause Once police have a neutral and detached magistrate, they have to persuade that magistrate that they have the probable cause of criminal activity... --- ### Your Privacy Expectations During an OUI Investigation - Published: 2016-08-19 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/your-privacy-expectations-during-an-oui-investigation/ - Categories: OUI / DUI / DWI In our last blog post, we discussed a recent issue that has come up in South Dakota, where police are forcing drivers suspected of operating a vehicle under the influence (OUI) to provide a urine sample. If these drivers refuse, police have obtained a warrant to get one, and if the drivers still refuse, police have forcefully gotten the urine sample using catheters. While the South Dakota Attorney General claims that the practice is widespread and perfectly constitutional, criminal defense attorneys have disagreed on both points, and the state's courts are currently resolving the issue. The situation does, however, bring into the spotlight one of the most crucial aspects of your rights under the Fourth Amendment – your expectation of privacy. What is a “Privacy Expectation”? The Fourth Amendment prohibits warrantless searches that are unreasonable. However, if police look for evidence in a place where you do not have an expectation of privacy, then it's much less likely that what they're doing will be considered a “search. ” For example, police don't need a warrant to look through trash that you've left on your curb, because you don't have an expectation of privacy for trash, once you leave it at the curb for pick up. When it comes to OUI investigations, this idea comes to the forefront – you have very different privacy expectations when it comes to your breath, urine, or blood. Privacy Expectations in Your Breath, Blood, and Urine On the one hand, you have very little expectation... --- ### South Dakota Forcing Urine Samples, Using Catheters - Published: 2016-08-10 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/south-dakota-forcing-urine-samples-using-catheters/ - Categories: Criminal Defense When it comes to investigating drug crimes, police can be very pushy. They tend to be overly concerned with the fact that drugs pass through your body over time. This means that evidence that you've broken the law – evidence of THC levels or your blood alcohol content (BAC) – slowly dissipates. Therefore, police need to test your blood, breath, or urine quickly, if they want to make an arrest. Thankfully, this is where police are stopped by your Fourth Amendment rights, which prohibits searches that are unreasonable. However, police are always looking for new ways to gather evidence without stepping on the Fourth Amendment. In South Dakota, police are being criticized for taking things too far. South Dakota Forcing Urine Samples Using Catheters In South Dakota on March 14, 2016, a man named Dirk Landon Sparks was arrested after police received a call for a domestic disturbance. While he was in custody, police began to suspect that he was under the influence of some sort of drug. They got a search warrant, allowing them to get a sample of Sparks' blood or urine. Sparks, however, refused to cooperate. So police brought Sparks to the closest hospital, where he was strapped to a bed and had a catheter forced inside him to get a urine sample. The sample revealed that Sparks had THC and methamphetamine in his system, and he was charged with felony counts of drug ingestion. Sparks' attorney is now contesting the search in court, trying to get... --- ### Your Rights When You're Visiting Someone Else - Published: 2016-08-04 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/your-rights-when-youre-visiting-someone-else/ - Categories: Criminal Defense When police are investigating a potential crime, they have a lot of tools at their disposal. One of the most powerful, however, is your consent. If you consent to a search, then it doesn't matter how unlawful that search is, or how much it violates your rights. Because you allowed it to happen, police can do it. In most situations, this is pretty straightforward. If you're driving a car and police ask to look in your trunk, you can say no. But what if you're at someone else's house, and they consent to a search? Can you refuse? A case just handed down by the Supreme Court of Maine deals with just this topic. Maine v. Carton Back in late November, 2013, a police officer received a tip that people at a hunting camp were making methamphetamine. The officer didn't have a warrant, so he asked the owner of the hunting camp if he could search the camp, and the owner gave him his consent. The officer entered the camp to find Kevin and Micah Carton there. They saw the officer and asked, “What's up? ” The officer said that he was there to “look around. ” Neither of the Cartons objected to the officer searching the camp, and he found evidence of drug manufacturing. Both of the Cartons plead guilty, and appealed that the search was unlawful because they didn't consent to it. Your Physical Presence at the Search Matters This is far from the first time that something... --- ### Courts Allow Verdicts That Are Inconsistent With Each Other - Published: 2016-08-02 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/courts-allow-verdicts-that-are-inconsistent-with-each-other/ - Categories: Criminal Defense One thing that often surprises people who get arrested for something is how many crimes they end up being charged with. One action can break numerous laws, and law enforcement will throw the book at you, charging you for everything that they can think of. While some of these charges fall off over the course of an investigation as prosecutors realize they can't prove them, it's not uncommon for defendants to go to trial facing dozens of charges. When this happens, the jury has to return a verdict on each and every charge still pending. Many criminal charges, however, have common elements that need to be proved. Sometimes, this can lead to strange results when the jury finds you guilty of one count, but not guilty of another, even though the second charge is included in the first. This phenomenon is called an inconsistent verdict and is, unfortunately, allowed to happen in U. S. courts. Inconsistent Verdicts are Permissible It seems illogical, but even the Supreme Court has decided that inconsistent verdicts are permissible. The case where the Supreme Court made this decision was from 1932, when prohibition laws still outlawed the sale and drinking of alcohol. Undercover agents conducted a sting at a sporting goods store and were able to buy whiskey from behind the counter. The store owner was charged with three crimes: Possession of liquor, Selling liquor, and Maintaining a nuisance by keeping liquor on sale. The jury found the defendant guilty of the third crime, but... --- ### Right to a unanimous Verdict is not what it seems > Maine's unanimous verdict law has evolved, shaping how jury decisions are made. Learn how legal interpretations impact criminal cases. - Published: 2016-07-31 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/your-right-to-a-unanimous-verdict-is-not-what-it-seems/ - Categories: Criminal Defense Laws have a unique way of evolving as time goes on. When the legislature – whether the Maine State Legislature or the U. S. Congress – creates a law and passes it, the words that they put in that law are always going to have a certain amount of ambiguity. Inevitably, this ambiguity will come to the forefront when a case hinges on exactly how those specific words are interpreted. As time passes and more and more cases are decided, you can look back to the original words in the law and see that what it said, and what it now means, are two completely different things. Unfortunately, this is just the case with a crucial part of the Maine State Constitution dealing with unanimous jury verdicts. Your Right to a Unanimous Verdict Section 7 of the Maine Constitution guarantees that any indictment or conviction given by a jury in the state of Maine will be made unanimously. This means that you can't be convicted for a crime by a jury that doesn't completely agree that you did the deed. Everyone on the jury has to agree, or else you can't be convicted. But as time has passed, holes have been put in that guarantee. Jurors Don't Have to Agree on Every Fact The Supreme Court of Maine has determined that Section 7 of the Maine Constitution only requires the jury to be unanimous in its verdict. Jurors do not have to agree on every fact leading up to the... --- ### What, Exactly, Is a Plea Discussion? - Published: 2016-07-28 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/what-exactly-is-a-plea-discussion/ - Categories: Criminal Defense In a recent blog post, we talked about how things that you say during a plea discussion cannot be used against you in a subsequent trial. The source for this is Rule 410 in the Maine Rules of Evidence. However, lawyers love to argue and fight for their client's best interests. Naturally, this created a heated discussion over what could properly be called a “plea discussion. ” After all, if statements made during one were inadmissible in trial, but statements made outside of one could be heard by a jury, knowing exactly when a plea discussion starts and when it ends can make a huge difference in a criminal trial. An Example of How This Can Make a Difference Whether a discussion is technically a “plea discussion” – and therefore whether what you say during the talk can be used as evidence against you – can come up in numerous situations. Here's an example of one of them. A man named Shawn Little got arrested, charged for armed robbery, and then released on bail before trial. Despite the fact that he had a lawyer, Little went to the police station on his own and asked to speak with a detective. Once the two were in an office together, Little said that he wanted to make a plea deal. The detective repeatedly refused to talk to him until Little's attorney was present, but Little insisted, and then said, “You know I did the robbery, help me make a deal. ” The... --- ### Grand Juries in Maine - Published: 2016-07-27 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/grand-juries-in-maine/ - Categories: Criminal Defense If you're being investigated for a crime, or even after you've been arrested for one, there are a lot of moving parts in the criminal justice system that you'll never see, but that still seriously impact your future. One of these moving parts is the grand jury process. What is a Grand Jury? A grand jury is a group of citizens whose job it is to review the evidence gathered by the prosecution, and determine whether there is sufficient evidence to justify going to trial. They typically go into action after someone gets arrested for a felony charge. During a meeting of a grand jury, the prosecutor will present evidence that someone committed a crime. Because all that is at issue in the grand jury proceeding is whether there's probable cause to believe that the suspect did the deed, there is no defending against the evidence that the prosecutor brings. In fact, neither you nor your defense attorney even have the right to be present at the grand jury proceeding, and will often not even hear that it's going on – grand juries meet in secret. If the grand jury finds that there is enough probable cause to believe the crime was committed, they will return a bill of indictment and the case will proceed to the next stage of the criminal justice system. In reality, this almost always happens, and has led to the claim that prosecutors can “indict a ham sandwich” for a crime. However, if the grand... --- ### What You Say During a Plea Discussion Stays There - Published: 2016-07-26 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/what-you-say-during-a-plea-discussion-stays-there/ - Categories: Criminal Defense Because we live in a country that relies on an adversarial system of criminal justice, you can count on law enforcement to do everything it can to punish you as much as possible. To do this, police and prosecutors try to get all the evidence against you that they can find, and try to use it at trial. This is the case, even if there are rules against them using certain pieces of evidence in a trial. For example, if the police conduct an illegal search and find evidence that you committed a robbery, they'll still try to use that evidence, even though it should be thrown out – it's up to your defense attorney to stop them. One situation that is ripe for law enforcement to get evidence against you is during a plea discussion. How you react to a plea offer could be interpreted as evidence that you committed the crime. Luckily, plea negotiations are one of the situations where law enforcement is not allowed to get new evidence. This is because of Rule 410 in the Maine Rules of Evidence. Rule 410 Prohibits Evidence Found During Plea Deals If you get charged with a state crime in Maine, your case will be heard in one of Maine's state courts. These courts use the Maine Rules of Evidence, which set out what evidence can be used during the trial. One of these rules is Rule 410, which prohibits statements that you make during a plea discussion from being... --- ### How Police Look for Evidence: Pretextual Searches - Published: 2016-07-25 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/how-police-look-for-evidence-pretextual-searches/ - Categories: Criminal Defense For police to search you for evidence or arrest you for a crime, they need a search warrant or an arrest warrant. If they don't have a warrant, then their search or their seizure has to fall within a limited set of exceptions to the warrant requirement. For example, if police have probable cause to believe that you committed a crime, then they can detain you, search you, and arrest you if they find evidence that you did something illegal. One important aspect of probable cause, however, is that it's for a crime. It does not necessarily need to be for the crime that you get arrested and charged for. This might not seem like a big deal, but it opens the door to what are called “pretextual searches,” which can have a huge impact on your daily life. Pretextual Searches Imagine there's a police officer in his cruiser in a high drug area. He watches a car stop at a stop sign. He has a hunch that it's involved in drug-related activity, but there are no signs that he can point to in support of this hunch, yet. The car stays at the stop sign for a long time, then makes a turn without signaling and rushes off at high speed. The cop now has probable cause to pull over the car for a traffic violation – turning without signaling, and speeding – but still no probable cause to search for drugs. When the officer pulls over the car,... --- ### Photo Arrays and How Criminal Defense Attorneys Can Help - Published: 2016-07-19 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/photo-arrays-and-how-criminal-defense-attorneys-can-help/ - Categories: Criminal Defense In our last blog post, we recounted how law enforcement could easily manipulate eyewitnesses to make them give damning testimony against you if you've been charged with a crime. One way that this can happen is through photo arrays – a binder or computer database of mugshots. If these photos are not put together properly, or if they're organized in an intentionally misleading way, it can lead to an eyewitness identifying you as the person who they saw committing a crime, even if you were nowhere near the crime scene. However, just because an eyewitness incorrectly identifies you as the perpetrator does not mean that this evidence can't be challenged. Having a good criminal defense attorney on your side throughout the process can help immensely, especially if a photo array was used to help an eyewitness make an identification. Eyewitnesses Are Far From Reliable Despite the weight that the law and law enforcement puts on an eyewitness' testimony during trial, science suggests that eyewitnesses are far from reliable. In fact, numerous studies give proof that an eyewitness' memory of a crime is inherently unreliable, even when there haven't been any outside influences, trying to manipulate their account of the story. Photo Arrays Can Be Suggestive However, there are often plenty of outside influences that play into an eyewitness' account of a crime. A common source of these outside influences come from law enforcement, as they investigate a crime and try to find who committed it. One way that they can... --- ### How Eyewitnesses Identifications Can Be Manipulated - Published: 2016-07-18 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/how-eyewitnesses-identifications-can-be-manipulated/ - Categories: Criminal Defense In a recent blog post, we asked one of the most important questions in criminal law today: How reliable are eyewitnesses? Unfortunately, the answer is “not very. ” However, the lack of reliability in an eyewitness only begins to tell the story. This is because, in addition to being inherently unable to perfectly recall what happened during a crime, eyewitnesses are often easily manipulated by police questioning. Here are some examples of how eyewitnesses are manipulated into making damning statements about someone who is suspected of a crime. Photo Arrays A photo array is a binder or computer database full of mugshots and pictures of suspects. Somewhere in the array, supposedly, is the picture of the person suspected of committing the crime. An eyewitness to the crime can sit down and browse through the pictures until they see the person they remember seeing. Unfortunately, there are hundreds of ways of triggering a false positive identification from an eyewitness with a photo array. One common method is to have the police officer who arrested the suspect present when the eyewitness is looking through the photos. When the officer knows which photo is the one of the suspect in custody, they often unintentionally give subtle hints to the eyewitness when they're about to identify the suspect, like leaning forward in their chair, or suddenly paying close attention. Some officers are less subtle, sometimes going so far as to ask, “Are you sure it's not this person? ” Lineups Another common eyewitness identification... --- ### How Problems with Custody Can Impact Your Miranda Warning - Published: 2016-07-15 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/how-problems-with-custody-can-impact-your-miranda-warning/ - Categories: Our Blog In one of our recent blog posts, we covered Miranda warnings and your right to remain silent when questioned by the police. An important aspect of Miranda warnings, though, is that they require you to be in custody for them to be given. Like a lot of things in the law, custody is a concept that seems like it should be obvious, but is actually an incredibly complex issue. What is Custody? If it were possible to boil down the concept of custody into one sentence, that sentence would probably go something like this: Custody is a meaningful interference with your ability to move freely. Unfortunately, this idea of what custody means would probably only work for the most obvious instances of an arrest, like if you're being pressed to a wall by a police officer, or when the handcuffs click together, pinning your hands behind your back. In both of these situations, you are clearly in custody. But what about other situations? Because nearly every arrest implicates a set of unique facts, the idea of when someone gets taken into “custody” has to be flexible. However, this makes it difficult to easily determine if a custody happened, or at what point it happened. Is a Police Chase Custody? One situation where custody can be difficult to determine is during a police chase. For example, imagine someone is standing at a street corner in a city. Police officers are sitting in a cruiser nearby, and watch as another car pulls... --- ### 2 Shootings in 2 Days: The Use of Force by Police is Overwhelming - Published: 2016-07-12 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/2-shootings-in-2-days-the-use-of-force-by-police-is-overwhelming/ - Categories: Criminal Defense In the span of less than a week, we've had two more instances of police officers unjustifiably pulling the trigger on someone. However, the recent events that have unfolded in Baton Rouge, Louisiana, and Minneapolis, Minnesota have both had new wrinkles that have made them especially powerful. Now, instead of the case being about the shooting of an unarmed black man, we're faced with the shooting of an armed black man, one of whom was legally exercising his Second Amendment rights, and neither of whom posed a threat to police at the time of the shooting. An Overview of the Two Shootings In the early morning of July 5, Alton Sterling was shot after police responded to a complaint about an armed man bothering people outside of a convenience store in Baton Rouge, Louisiana. Two police officers tackled and detained Sterling. A bystander's disturbing video shows Sterling being held prone on the ground when someone yelled that he had a gun. Both officers immediately drew their pistols and shot him several times. A single day later, police pulled over a car in Minneapolis, Minnesota for a broken taillight. The passenger, Philandro Castile, told the officers that he was legally carrying a concealed firearm. When the officer requested Castile's ID, the officer shot him, claiming that he thought Castile was reaching for his gun. Police Can Use Deadly Force When They Feel Threatened Legally, police can resort to deadly force whenever they feel that their lives, or the lives of bystanders,... --- ### How Reliable are Eyewitnesses? - Published: 2016-07-11 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/how-reliable-are-eyewitnesses/ - Categories: Criminal Defense Let's say you get arrested for a crime. Police claim that you robbed a convenience store at gunpoint. There were three people in the store at the time, and they all claim to have seen you do it. You get brought into the police station and get put into a lineup. One of the witnesses points to you and says they're sure you're the one. Police take your picture and it gets put into a photo array – a book of mug shots just like the one the police just took of you – for the other two witnesses to look through. They also both point to your photo. Because of these eyewitness identifications, you get charged with robbery. At the time of the robbery, however, you were miles away, walking through a park, all alone. Eyewitness Identifications are a Common Way to Get Charged with a Crime Eyewitness identifications are one of the most widely-used tools that police have to investigate crimes. By using other people as witnesses and relying on what they say they saw, law enforcement can cover a lot of ground and see lots of things that they otherwise would never be able to see. Unfortunately, recent science has shown that eyewitness identifications are far from perfect. The Unreliability of Eyewitness Identifications Despite how heavily police rely on eyewitness identifications to investigate crimes and prosecute suspects, science has increasingly found that they're not only imperfect, but so fraught with inaccuracies that, in many circumstances, they're downright... --- ### Invoking and Waiving Your Right to an Attorney - Published: 2016-07-05 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/invoking-and-waiving-your-right-to-an-attorney/ - Categories: Criminal Defense In one of our recent blog posts, we went over how both the Fifth Amendment and the Sixth Amendment gave you a right to an attorney. While it might seem confusing that there are two different parts of the Constitution that do the same thing, the reality is that they are subtly different from each other in several important ways. One way that your right to an attorney under the Fifth Amendment is different from your right to an attorney under the Sixth is how you can raise that right, and what you have to do to waive your right to an attorney. Raising and Waiving Your Sixth Amendment Right to an Attorney One of the most important differences between the Fifth and the Sixth Amendment is what you have to do, in order to exercise your right to an attorney. When your right to an attorney is guaranteed by the Sixth Amendment – which is the case when you are at a “critical stage” of the criminal process, like your arraignment, post-indictment interrogations and identifications, and trial hearings – then you do not have to do anything to invoke your right to an attorney. Instead, the Sixth Amendment assumes that you are going to exercise your rights. If you want to waive your Sixth Amendment right to an attorney, then you will have to take the initiative and formally request to proceed in the case pro se, or on your own. Raising and Waiving Your Right to an Attorney... --- ### How the Supreme Court's Decision in Utah v. Strieff Is Wrong - Published: 2016-07-01 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/how-the-supreme-courts-decision-in-utah-v-strieff-is-wrong/ - Categories: Federal Charges In our last blog post, we started talking about a recent Supreme Court case that made a massive expansion to one of the exceptions to the exclusionary rule. Here, we'll go over exactly why the Court decided the case the way it did. The Attenuation Exception in Utah v. Strieff In the case that the Supreme Court just decided, Utah v. Strieff, a police officer committed an unreasonable seizure – detaining a man when there was not even a reasonable suspicion that he had committed a crime. This violated the Fourth Amendment. Only after detaining the man, Mr. Strieff, and demanding to see his identification did the police officer find that there was a warrant out for his arrest. Only after arresting Mr. Strieff did the police officer find evidence of a crime – drug possession. Typically, evidence found because of a Fourth Amendment violation is excluded from trial. However, there are exceptions to this rule, and the question that this raised was whether the discovery of the evidence – the drugs – fell into one of these exceptions, the attenuation exception, by being sufficiently removed from the constitutional violation. The Supreme Court Expands the Attenuation Exception Unfortunately, according to the Supreme Court, the answer to this question was yes, the evidence was far enough away from the constitutional violation that it did not have to be excluded from trial. To explain its decision, the Court said that it was because the officer's initial unlawful stop was not a “purposeful... --- ### Supreme Court Case Deals With Exception to the Exclusionary Rule - Published: 2016-06-30 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/supreme-court-case-deals-with-exception-to-the-exclusionary-rule/ - Categories: Exclusionary Rule, Federal Charges In many of our recent blog posts, we've talked about the exclusionary rule and the Fourth Amendment. The Fourth Amendment prohibits searches and seizures of your property and privacy that are “unreasonable. ” If this prohibition gets violated by the police or other law enforcement agents, then the evidence that they find as a result of the infraction gets excluded from any criminal trial that follows. However, there are exceptions to the exclusionary rule, which allow evidence to be presented against you, even if it was found after your constitutional rights were violated by police. In the next few blog posts, we'll talk about one of these exceptions, and a Supreme Court case that was recently handed down that drastically impacts your rights as a U. S. citizen. Exceptions to the Exclusionary Rule There are a small handful of exceptions to the exclusionary rule. We've gone over the “good faith” exception, which allows evidence to be presented in trial if it was found because of a Fourth Amendment violation that resulted from a “good faith” mistake by a law enforcement officer. Another exception to the exclusionary rule is the attenuation exception. Evidence found from a Fourth Amendment violation is still admissible in trial if enough time passes between the violation and the discovery of the evidence, or if something happens between the two that prevents the constitutional violation as being the “cause” of the discovery of the evidence. It is this exception that the Supreme Court just expanded beyond all... --- ### Objections in Court: Relevant Versus Prejudicial Evidence - Published: 2016-06-22 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/objections-in-court-relevant-versus-prejudicial-evidence/ - Categories: Criminal Defense If you've ever watched a courtroom drama or TV show like Law and Order, then you've seen at least a dozen objections being made in a trial. Unfortunately, many of these shows paint courtroom objections in a negative light, with the attorney raising the objection trying to keep relevant evidence away from the jury so they can win the case, even though everyone knows that their client was in the wrong. While objections are often used like that in real life, in reality they are based on common-sense ideas about how credible a piece of evidence really is, compared to how credible that piece of evidence is likely to be seen by jurors. Of course, relevancy is not the only issue for basing objections as there are numerous grounds for excluding evidence including hearsay, the best evidence rule, habit vs. pattern evidence and many, many others. The purpose of this blog is to high-light the basic grounds for excluding or admitting evidence based on relevancy and prejudice. All Relevant Evidence Should Come Into Trial In theory, every piece of evidence that is relevant to a criminal charge – from eyewitness testimony to security camera footage to character witnesses – should be heard by a jury so they can determine if the defendant is guilty of the crime being charged. As a result, the bar is low for what is considered “relevant” evidence: Even if it has very little part to play in the case, if a piece of evidence has... --- ### When You Have a Right to an Attorney, and Where That Right Comes From - Published: 2016-06-21 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/when-you-have-a-right-to-an-attorney-and-where-that-right-comes-from/ - Categories: Criminal Defense In our last blog post, we covered how state constitutions can protect the same individual rights that the United States Constitution protects. On closer inspection, the fact that a state constitution can, for example, prohibit unreasonable searches and seizures does not make it duplicative with the federal constitution, which also prohibits unreasonable searches and seizures. This is not the only place where your constitutional rights seem to be confusingly guaranteed by multiple sources. Another example is your right to an attorney, which is covered by both the Fifth and Sixth Amendments. However, just like when it comes to your rights under Maine's state constitution and the U. S. Constitution, there are important distinctions to understand. The Sixth Amendment: Your Right to an Attorney at Trial The Sixth Amendment guarantees your right to an effective attorney at trial. The important aspect of the Sixth Amendment's right to counsel that makes it crucially different from the Fifth Amendment's right to counsel is that the Sixth Amendment applies to the trial stage of a criminal proceeding. This means that the Sixth Amendment “turns on” at the beginning of the trial process, and “turns off” at the end of it. Importantly, your right to an attorney through the Sixth Amendment guarantees that you can have an attorney at certain “critical” stages of the criminal process, including: Police lineups and in-person identifications that come after the indictment, Interrogations conducted after the indictment, Your arraignment, Plea bargains, guilty pleas, and sentencing hearings, and Appeals that you... --- ### State Constitutions Protect Your Rights, Too - Published: 2016-06-20 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/state-constitutions-protect-your-rights-too/ - Categories: Criminal Defense One of the biggest jobs of a criminal defense attorney is to protect you from unreasonable searches, or improper seizures. Your right to be free from these government intrusions into your life is guaranteed by the U. S. Constitution, in the Fourth Amendment. However, as a resident of Maine, you are not only protected by the U. S. Constitution – you're also protected by the Maine Constitution, as well. State Constitutions – Another Layer of Protection from Government Intrusions Every state in the U. S. has its own constitution. All of these constitutions include a unique blend of individual rights that are already in the U. S. Constitution, along with new ones that are unique to that state. For example, the Ohio Constitution includes not only a provision that exactly mirrors the Fourth Amendment of the U. S. Constitution, but also a unique provision that prohibits a law from ever being made that limits the amount of money that can be recovered in a wrongful death lawsuit. State Protections Are Not Duplicative The state constitution of nearly every state independently guarantees the rights that the U. S. Constitution protects. However, while it might seem duplicative to have a state guarantee the right to be free from unreasonable searches and seizures when the Fourth Amendment to the U. S. Constitution does the exact same thing, in reality, it can make a huge difference. To understand why this is the case, you can think of the U. S. Constitution as a floor... --- ### Supreme Court to Look at Two Death Penalty Cases - Published: 2016-06-08 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/supreme-court-to-look-at-two-death-penalty-cases/ - Categories: Federal Charges The Supreme Court of the United States is a very unique court in our country. Unlike the other courts, the Supreme Court only has certiorari jurisdiction, meaning that it gets to decide if it wants to hear a case, or not. They rarely do, with under 5% of appeals to the Supreme Court being accepted. That means that the Supreme Court refuses to hear over 95% of the appeals made to it. Despite the fact that so few cases make it to the justices, the upcoming term on the Court has not just one, but two cases dealing with how trigger-happy Texas is, when it comes to the death penalty. Each of these cases can have far-reaching impact on how the death penalty is handled in the U. S. Moore v. Texas – How to Measure Intellectual Disability Bobby Moore was involved in a robbery in 1980, during which he admitted to shooting and killing a grocery store clerk with a shotgun. At trial, Moore had been sentenced to death for his role. However, his IQ scores ranged from the high 50s to the high 70s. In the past, the Supreme Court has deemed it an unconstitutionally cruel and unusual punishment to execute someone with an IQ under 70. However, the Court had left it up to the states to figure out how to make this determination. Because Moore's IQ scores straddled the line, Texas courts looked to the definition of intellectual disability used by the ninth edition of the... --- ### OUI Charges and Your Right to a Trial By Jury - Published: 2016-06-07 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/oui-charges-and-your-right-to-a-trial-by-jury/ - Categories: OUI / DUI / DWI Just like in any other state, Maine has a lot of armchair constitutional scholars. These are people who may have read the U. S. Constitution a few times, and come to the understanding that it creates a body of government, and then reserves a handful of rights for individuals. However, since it came into force in 1789, the terms of the Constitution have been interpreted countless times by courts, including the Supreme Court of the United States. In many cases, these interpretations have changed the apparent meaning of the Constitution, sometimes drastically. One of the ways that the Constitution has evolved like this is with regards to the Sixth Amendment, and your right to a trial by jury. Your Right to a Trial By Jury The Sixth Amendment states that, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. ” This might seem pretty straightforward. However, the Supreme Court has limited this right – criminal charges for “petty” offenses don't need a jury for the trial. While the rationale behind this is understandable – requiring courts to empanel a jury for each and every trial, no matter how small, would be a drain on the resources of government – it creates a dangerous slippery slope with regard to what's a “petty” offense. “Petty” Offenses and the Sixth Amendment Ever since deciding that only defendants for non-petty offenses deserve the right to a jury trial, numerous cases have fought over... --- ### What to do If There's a Warrant for Your Arrest in Maine > If you hear that there's an arrest warrant for you in Maine then you don't have much time to act. Contact our experienced lawyers today. - Published: 2016-06-06 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/if-theres-a-warrant-for-your-arrest-what-should-you-do/ - Categories: Arrest Warrant, Criminal Defense When law enforcement is investigating a crime, many of the searches that they will conduct can be planned well in advance, rather than in the heat of the moment. When they have the time to do so, police will often try to get a warrant for whatever it is that they are going to do. By getting a warrant to do what they want, they can act under the presumption that they are justified to do what the warrant allows them to do. Typically, this whole process happens behind the scenes, out of your sight. However, it is not unheard of for someone to learn that there is a warrant out for their arrest. This can happen when the police are investigating a crime that involves not just you, but also several other people, as well. If one of these other people gets arrested, it's sometimes possible for them to notify you or someone close to you that there's an arrest warrant for you, too. If you learn that there's a warrant out for your arrest before police come knocking on your door, what you do with your next few hours can be crucial for how your case develops. Secure a Criminal Defense Attorney Immediately The most important thing to do is to find a criminal defense attorney that can represent you. If you do this immediately, and get a lawyer on your side as early as possible in the criminal process, it can result in huge dividends at the... --- ### Your Right to Remain Silent, and Miranda Warnings - Published: 2016-06-02 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/your-right-to-remain-silent-and-miranda-warnings/ - Categories: Criminal Defense In several of our recent blogs posts, we've gone over the exclusionary rule and have touched on some of your rights under the Fourth Amendment. If your Fourth Amendment rights are violated by law enforcement – if police conduct a search or a seizure that is “unreasonable” – then any evidence that they find cannot be presented in court due to the exclusionary rule. However, the exclusionary rule does not just apply to the Fourth Amendment: It applies to other constitutional rights, too. Among these other rights is your right to an attorney, which is guaranteed by both the Fifth and the Sixth Amendments, and your right against compelled self-incrimination, also under the Fifth Amendment. Importantly, your right against compelled self-incrimination is not just something for the courtroom. It can surface during your first interaction with a police officer: You must be given a Miranda warning once you've been put in custody and interrogated. What is a Miranda Warning? A Miranda warning is a statement about your constitutional rights. When you get arrested for a crime in the United States, several of these rights get triggered to prevent the government from overstepping its boundaries. Unfortunately, many Americans are unaware of their rights. Therefore, if you get arrested, then the law enforcement officers conducting the arrest are required to inform you of your rights. This is the Miranda warning. Your Right to Remain Silent A Miranda warning includes a statement of your constitutional right against self-incrimination. This is your right to... --- ### Voir Dire and Your Fourteenth Amendment Rights - Published: 2016-06-01 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/voir-dire-and-your-fourteenth-amendment-rights/ - Categories: Criminal Defense If you are being charged with a crime, or are currently undergoing a trial for that charge, or even if you have been found guilty and are in the process of being sentenced, the U. S. Constitution provides you with rights and protections to make sure you're not treated unfairly. For example, the Fourth Amendment protects your right to be free from unreasonable searches during law enforcement's investigation of the crime, and the Sixth Amendment protects your rights during trial. How the Fourteenth Amendment Also Protects Your Rights However, one of the broadest protections that the Constitution provides is the Fourteenth Amendment. This amendment not only guarantees your right to the same protection under the law that everyone else gets, but also requires the criminal justice system to provide ample opportunity for you to make your case and defend yourself against charges. One aspect of the Fourteenth Amendment is the Equal Protection Clause, which requires the law to treat everyone equally, rather than show favoritism to one group or another. This makes it especially important for issues surrounding racial discrimination, such as the ability of prosecutors to manipulate who gets to sit on a jury during a criminal trial. Voir Dire and Peremptory Challenges If you're charged with a crime and opt to take the charge to a jury trial to prove your innocence, one of the things that will have to happen is the selection of the jury. This is called voir dire. People from the surrounding area who... --- ### Your Right to a Speedy Trial Ends Before Sentencing in Maine - Published: 2016-05-31 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/your-right-to-a-speedy-trial-ends-before-sentencing/ - Categories: Criminal Defense When courts look at the criminal process, they see three distinct stages: Investigation, trial, and sentencing. The investigation stage lasts from when law enforcement first starts gathering evidence of a crime until a suspect gets charged. The trial stage lasts from the charge to the verdict. The last stage, sentencing, starts if the suspect is found guilty in trial or pleads guilty, and it lasts until the sentence is handed down. During each stage, things can slow down and get delayed. If you've already been charged for a crime, or have been found guilty and are awaiting a sentence, then these delays can be especially troublesome, as your life basically stops until they're finished. Because of this, you have legal rights for these processes to move along at a good pace. For example, the Sixth Amendment guarantees your right to a “speedy trial. ” However, there has always been a question of when your right to a speedy trial ends. Unfortunately, the Supreme Court just answered this question in a way that severely limits your constitutional rights. Your Sixth Amendment Right to a Speedy Trial It has long been known that your Sixth Amendment right to a speedy trial “turns on” when you get charged with a crime. However, there had never been a firm decision about when it “turned off,” and stopped protecting you from delays in the court system. This indecision, however, was put to rest recently when the Supreme Court heard the case Betterman v. Montana. What... --- ### Violations of Your Sixth Amendment Rights Can Also Exclude Evidence - Published: 2016-05-27 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/violations-of-your-sixth-amendment-rights-can-also-exclude-evidence/ - Categories: Criminal Defense In one of our recent blog posts, we went over a legal doctrine called fruit of the poisonous tree. This legal concept prevents prosecutors from introducing evidence against you in trial, if that evidence was found as a result of a violation of your civil rights. The metaphor is that the civil rights violation is the “poisonous tree,” and the evidence that gets found as a result of this violation is that tree's fruit. However, our earlier blog post focused on the fruit of the poisonous tree, as it is applied to the Fourth Amendment. While the Fourth Amendment prohibits unreasonable searches or seizures, it is only one of the Constitutional Amendments that protects you during a police investigation. Among the other rights that you have during a criminal investigation comes from the Sixth Amendment, which guarantees your right to an attorney for your defense. The Fruit of the Poisonous Tree Also Applies to Violations of the Sixth Amendment Because the Sixth Amendment also provides you constitutional rights, any evidence that is discovered as a result of a violation of these rights is also subject to the fruit of the poisonous tree doctrine, preventing it from being presented against you in court. Here's an example of how the fruit of the poisonous tree can protect your Sixth Amendment rights. How the Fruit of the Poisonous Tree Works for the Sixth Amendment In one case from 1968, there was a murder in Des Moines, Iowa. While the body of the victim... --- ### How Police Can Violate Your Rights, and Still Use the Evidence They Find - Published: 2016-05-18 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/how-police-can-violate-your-rights-and-still-use-the-evidence-they-find/ - Categories: Criminal Defense In a couple of our recent blog posts, we covered the exclusionary rule, and how it can be a great tool to use to defend against a criminal charge. If police found evidence that you committed a crime, but violated your Fourth Amendment rights in order to get that evidence, the exclusionary rule can be used to prevent the evidence from ever being heard in court. This can make a huge difference in the outcome of a criminal trial, because it's up to the prosecutor to prove every aspect of their case beyond a reasonable doubt. Without a piece of evidence, they are often left unable to satisfy this burden. However, the exclusionary rule is not without holes. There is one crucial exception to the rule that allows police to violate your rights under the Fourth Amendment, and yet still present the evidence that they found in court. This exception applies whenever police think, in good faith, that they are justified in conducting a search. The Exclusionary Rule's Good Faith Exception In order for evidence that is only found after an “unreasonable” search or seizure – which therefore violates the Fourth Amendment – to still be heard in court, the police officers who infringed on your rights must have done so in a good faith belief that their search was proper. An Example of the Good Faith Exception One way that this can happen is if police are executing a search warrant that they think is valid, but which is... --- ### The Exclusionary Rule and Its Limitations > William Bly has used the exclusionary rule for criminal defendants numerous times in the past to defend his clients against criminal charges. - Published: 2016-05-06 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/the-exclusionary-rule-and-its-limitations/ - Categories: Criminal Defense, Exclusionary Rule In our last blog post, we covered the legal idea of the fruit of the poisonous tree, and how it can help defend you against criminal charges by preventing evidence from being allowed into court. If police are investigating a crime and they break the law – yes, police can break the law – by making a search or a seizure that is unreasonable, whatever evidence that they find, either directly or indirectly, from that search or seizure won't be allowed in court. Getting evidence excluded from court is one of the biggest goals of a skilled criminal defense attorney because it can often kill a prosecutor's case against you. Rarely is there more than one piece of evidence in a criminal case that serves to prove the same part of a prosecutor's case, so getting evidence thrown out often makes it impossible for a prosecutor to complete his or her case against you. The process of preventing evidence from being heard in court is known as the exclusionary rule. The exclusionary rule is a great tool for criminal defense attorneys to effectively defend people against criminal charges. However, it is also probably one of the reasons why we are having problems in the U. S. with police overreaching and brutality. How the Exclusionary Rule Works in Mane The exclusionary rule is actually very simple. If the police, during the course of an investigation, violate one of your constitutional rights, then any evidence that they find as a result of... --- ### The Fruit of the Poisonous Tree and How It Can Help Fight a Criminal Charge - Published: 2016-04-29 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/the-fruit-of-the-poisonous-tree-and-how-it-can-help-fight-a-criminal-charge/ - Categories: Criminal Defense They might not want you to believe it, but the fact is that the police can break the law. In fact, they often do break it. The law that they break the most often while on duty is the Fourth Amendment, which prohibits them from committing searches and seizures that are “unreasonable. ” However, the way that police get punished for breaking the Fourth Amendment is different from the way that normal people get punished for breaking other laws. Often, the only thing that happens when a police officer violates the Fourth Amendment is that the evidence they found from that unreasonable search or seizure gets "suppressed" or excluded from ever appearing in trial. While this might not seem like much, it can make a huge difference in the outcome of your case if you're the one facing charges for a crime. Without that piece of evidence, the prosecutor might lose a huge piece of his or her case, and will be unable to prove all of the elements of the crime beyond a reasonable doubt. Even better, evidence can be excluded from being introduced in trial if it was not only obtained directly by violating the Fourth Amendment, but also if it was obtained indirectly, too. This is the “fruit of the poisonous tree” doctrine, and skilled criminal defense attorneys use it to prevent lots of evidence from ever coming to light in trial. How the Fruit of the Poisonous Tree Doctrine Works When police find a piece of... --- ### The Difficult Fight Against the Federal Sentencing Guidelines - Published: 2016-04-28 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/the-difficult-fight-against-the-federal-sentencing-guidelines/ - Categories: Federal Charges While it might seem like a mere detail, the difference between being charged for a state crime and a federal crime has numerous implications. Many of these are very important, and can have a drastic impact on the outcome of your case. One of the most important differences between being charged with a federal crime, as opposed to being charged with a state one, is that the Federal Sentencing Guidelines are applicable to convictions for federal crimes. The Federal Sentencing Guidelines explicitly state what the sentence should be, if you are convicted of a federal charge. These are often fairly harsh sentences. Unfortunately, judges in a federal court have to do some extra work if they want to impose a sentence outside of the Guidelines, and risk an embarrassment by being overturned on appeal. As a result, the strict sentences that are required under the Guidelines are often adopted. Because of the importance and difficulty in getting a sentence that is lower than the one that would be imposed under the Sentencing Guidelines, having a criminal defense attorney with experience defending against federal charges is crucial. The Sentencing Guidelines Leave Some Room for Departure While the Sentencing Guidelines give a range of sentences that are permissible for a conviction of a federal crime, the Guidelines do allow for other sentences to be imposed in a given set of circumstances. However, for a judge to impose a sentence that doesn't fall within the range given by the Guidelines – called a... --- ### The Driver License Compact Can Raise Complexities - Published: 2016-04-27 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/the-driver-license-compact-can-raise-complexities/ - Categories: License Issues There are lots of ways to break the law that involve how you use your car. Luckily, many of them are minor traffic offenses, like parking tickets. Even a speeding ticket is a low-level offense that rarely amounts to more than a fine, unless it's for criminal speeding. However, there are also many serious crimes that can be committed in a car, like manslaughter, and between the two is a litany of other traffic offenses, including operating under the influence (OUI). Because of the numerous potential traffic violations, how often they happen, and the fact that people commonly move from one state to another, most of the states in the U. S. have bound together to share information concerning license suspensions that have happened within their borders. However, not all states in the country are in on the agreement, and this can create uncertainty when it comes to the status of your driver's license. The Driver License Compact The Driver License Compact is an agreement between signatory states to share information on the suspension of drivers' licenses, as well as other traffic violations and driving crimes. It was started in Nevada in 1960 after governors of several western states voiced an interest in teaming up to tackle the issue of unsafe roads. The Compact is supposed to make roads safer by making a driver's information accessible to states other than the one where he or she has a license. That way, if their license gets suspended for an OUI conviction... --- ### How You Can be Charged with a Federal Crime - Published: 2016-04-26 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/how-you-can-be-charged-with-a-federal-crime/ - Categories: Federal Charges One of the many legal issues that can cause confusion for non-lawyers is the fact there are 50 states and the Federal Government, and each one has its own set of laws. The difficulties that this can create often forms the basis for most of a case, and can even determine its outcome. If you buy a used car in New Hampshire that has a defect from their mechanic's mistake, and this causes an accident after you drive it back to Maine, the laws of New Hampshire or the laws of Maine might apply. Minute differences can make a huge difference in the case – such as whether you can get any money for the pain and suffering you went through after the accident. Luckily, things are easier when it comes to criminal law, and even easier when it's just between the laws of the state of Maine and those of the Federal Government. However, that doesn't mean that things are straightforward. The Supremacy Clause in the U. S. Constitution Maine and the Federal Government both have their own laws on the books. Generally speaking, states like Maine are more willing to regulate smaller things than the Federal Government, which is more concerned with preventing major crimes. However, there will come a time when certain conduct violates both federal law and Maine state law. In these cases, the Supremacy Clause in the U. S. Constitution takes effect. This Clause states that federal laws trump state laws when they could apply... --- ### How Attorneys Fight for You By Suspending Your Sentence - Published: 2016-04-26 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/how-attorneys-fight-for-you-by-suspending-your-sentence/ - Categories: Criminal Defense If you are facing a criminal charge, it's important to remember that a conviction or a guilty plea is not the end of the legal process. The legal process is a long one, and includes things like sentencing, probation, and even collateral consequences that all come after a trial, if you are found to be guilty. A solid criminal defense attorney is a necessity for all of these aspects of the criminal justice system. However, having a good lawyer on your side is probably the most important for the sentencing process, where there is still plenty of opportunity to ensure your interests are protected. One of the ways that a criminal defense attorney can help during sentencing is by urging the court to suspend some or even most of your jail time. This can let you serve your time without being behind bars, allowing you to be with your family, at your job, and enjoying your life. How Suspended Sentences Work If you get convicted for a relatively serious crime, one of the common punishments is jail or prison time. However, there are several reasons why a judge might not want to have you spend all of that time behind bars. Jails are overcrowded, he or she might believe that you don't deserve to sit in prison, or that you adequately regret your actions and clearly wouldn't commit another crime and therefore, don't pose much of a risk to reoffend. If this is the case, a judge can suspend all... --- ### Defending Against a Criminal Speeding Charge in Maine > Criminal speeding charges in Maine can lead to severe penalties. Learn your options and build a strong defense with our help. Call us. - Published: 2016-04-25 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/defending-against-criminal-speeding-charges-maine/ - Categories: Criminal Speeding A criminal speeding charge in Maine might seem like an impossible thing to beat. After all, it's a relatively easy crime to prove: All it takes is the reading of a police radar gun, right? Not quite. Even though fighting against a charge of criminal speeding can be difficult, it is possible to put up a strong defense and win. This is important to remember, especially considering how severe the penalties are, if you get convicted. What is criminal speeding in Maine? In Maine, according to Title 29-A §2074, criminal speeding is not your typical speeding offense. Those are just civil infractions that end with a ticket and a moving violation. Criminal speeding, on the other hand, is the crime of driving a vehicle on the road at 30 miles per hour or more over the stated speed limit. You can be arrested, charged with a crime, taken to court, and convicted for criminal speeding. Penalties for criminal speeding in Maine A conviction for criminal speeding in Maine is a Class E offense. These carry a fine of up to $1,000, up to a year on probation, a license suspension of over 30 days, and even up to 6 months of jail time. Additionally, as is often the case with a criminal conviction, there are other ramifications that many people tend not to think of. When it comes to criminal speeding, one of these is increase in the cost of car insurance, which can rise as much as 20% or... --- ### Go to Trial: Crash the System - Published: 2016-04-08 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/go-to-trial-crash-the-system/ - Categories: Criminal Defense Earlier today, the NY Times published an article about criminal defendant's 6th Amendment right to jury trial and the need for criminal defendants to push their cases to trial. On its face, it sounds like a great theory. If everyone insisted on a jury trial, the system as it currently stand, would crumble as there are not enough judges, prosecutors, courtrooms, funding and jail cells available if everyone insisted on trial. The system would implode and it would shed light on the broken plea-deal system currently in place. Public debate would ensue and changes would be made. Perhaps there would be a dramatic reduction in drug prosecutions. Petty crimes would no longer be charged. And prosecutions would be reserved for the most serious crimes. In a perfect, utopian world, this would succeed. Unfortunately, we do not live in the theoretical or ideal world. We live in the real world with real consequences for our actions. In order for the above scenario to work,everyone would have to exercise their right to trial. Every... Single... Person. Period. And of course, that's not happening. Why? Because plea agreements and reduction of charges drivethe criminal justice system. What I mean is, if you're charged with a felony but you maintain your innocence, are you willing to risk a lengthy period of incarceration and the life-long stigma for being labeled a felon when you can take a plea deal for no jail and a minor misdemeanor? Tough to say, right? Most people think they know... --- ### The Power of a Burden of Proof - Published: 2016-04-07 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/the-power-of-a-burden-of-proof/ - Categories: Criminal Defense The world of the law can be a fascinating and complex place. There are plenty of words and phrases – “terms of art” – that can make it difficult for non-lawyers or those without a legal background to understand what's going on. Phrases like “due process,” “res ipsa loquitor,” and “reasonable suspicion” are just a few of these confusing terms. However, even words or phrases that seem normal can have a deeper meaning in the legal field that some people are not aware of. One of these, the phrase “burden of proof,” also comes with serious implications that are important to understand, if you are making a journey through the U. S. legal system. What Is a Burden of Proof? In an argument – any argument, not just a case or trial in a courtroom – one side is going to have the responsibility to show that what they're saying is correct. This responsibility is the burden of proof. If that side succeeds in showing that they're right, then they will have met their burden of proof, and win the argument. The important thing to remember about the burden of proof is that it's an important responsibility. The side that does not have the burden of proof can simply sit back and listen and still win the argument if the side with the burden doesn't come through. An Example of the Power of a Burden of Proof A good example of the power of the burden of proof comes from... --- ### FBI Breaks Into iPhone, but Privacy Issue Far From Moot - Published: 2016-04-01 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/fbi-breaks-into-iphone-but-privacy-issue-far-from-moot/ - Categories: Criminal Defense In the aftermath of the December 2, 2015 terrorist attacks in San Bernadino, California – where 14 people were killed and 22 others wounded before the two assailants were killed in a police shootout – the Federal Bureau of Investigation (FBI) needed to gather evidence of the event, and find out more about the attackers. They obtained the locked iPhone 5C of Syed Rizwan Farook, one of the attackers, but faced an uphill battle in gaining access without triggering security mechanisms that would wipe the phone's data and internal memory. In an attempt to gain access to the phone, the FBI sued Apple, the makers of the iPhone, demanding that Apple provided the FBI with software to get around the security encryption that was preventing them from getting evidence from the phone. Apple refused, and the lawsuit pressed forward. On March 29, however, the FBI reported that it had found a third party who was able to provide the software that they'd requested. They have since dropped the case against Apple. An Israeli cybersecurity firm, Cellebrite, is reportedly the group providing the software allowing the FBI to hack into the iPhone. This might make it seem like the whole situation has been rendered moot. The FBI has what it wants, and the case has been dropped. However, this is really just a lull in the action, and it's only a matter of time before this issue comes back to the forefront. In Months, We'll Be Back to Square One Private... --- ### How Character Witnesses Can Help - Published: 2016-03-28 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/how-character-witnesses-can-help/ - Categories: Criminal Defense If you get arrested and charged with a crime and you hire a criminal defense attorney, the focus of your defense will quickly become preparing for the trial. Even if there is a desire and an intention to avoid the trial, preparing for it shows the prosecutor that you mean business and are going to fight the charges all the way. It also focuses the attention of your defense on collecting all of the evidence necessary to get an acquittal in court. One of the pieces of evidence that can be used in court to defend against a criminal charge is a character witness. While rarely, if ever, the difference maker between an outright acquittal and a guilty verdict, character witnesses can nevertheless tilt things in your favor. During the trial, they can make a jury more sympathetic towards you, or can make the prosecutor more willing to cut you some slack during pre-trial negotiations. For these reasons, character witnesses are often a piece of a criminal defense. What Are Character Witnesses? Character witnesses are people who can attest to your claims that you're a good person, and either would never do such a thing as what you're being charged for, or that you made a mistake, would never do it again, and should be let off lightly. They frequently come from non-family members who have known you for a long time, or have dealt with you closely in a professional setting. Good friends or bosses often make for solid... --- ### Talking to Police Is Risky, Even If You Haven't Done Anything Wrong - Published: 2016-03-24 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/talking-to-police-is-risky-even-if-you-havent-done-anything-wrong/ - Categories: Criminal Defense The police have a hard job. Every day, they're responsible for keeping the people in their communities safe. However, in making sure everyone is safe, they have little restraint, and can do pretty much anything that even has a chance of keeping their community just a little more secure. To make matters worse, if police do make a mistake and arrest someone who is actually innocent, they rarely, if ever, face repercussions. Worse still, some police departments take account of arrest numbers to decide who to promote and who to reprimand. In all, there is a significant incentive for police to do everything possible to arrest you, and no reason for them to worry if you end up being innocent. The result is that many completely innocent people get arrested for things that they could have done only through a huge stretch of the imagination. A common way for innocent people to get arrested and charged for crimes that they didn't do is for them to voluntarily talk to police about an incident. As soon as a police officer suspects that someone has broken the law, they will focus on gathering more evidence and making an arrest. Oftentimes, gathering evidence involves nothing more than talking to a suspect and noting their response. Entirely too often, someone completely innocent will respond uneasily, overthinking what they're saying, and inadvertently making it sound like they're up to no good, or glossing over a complicated answer with a white lie that's simpler to say.... --- ### Attorney William T. Bly Named One of Maine's 10 Best Criminal Defense Lawyers - Published: 2016-03-09 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/attorney-william-t-bly-named-one-of-maines-10-best-criminal-defense-lawyers/ - Categories: Criminal Defense William T. Bly: One of Maine’s Top Criminal Defense and OUI Attorneys With over 30 years of legal experience and more than 20 years devoted specifically to defending clients against OUI/DUI charges, Attorney William T. Bly has established himself as one of the leading criminal defense lawyers in Maine. As the founder of The Maine Criminal Defense Group, he is known for his strategic, aggressive, and personalized approach to criminal defense—particularly in complex OUI cases. National Recognition for Criminal Defense Excellence Attorney Bly’s reputation for legal excellence was nationally recognized when the National Academy of Criminal Defense Attorneys (NACDA) named him one of the Top 10 Criminal Defense Attorneys in Maine. This prestigious designation highlights not only his legal skills and case results but also his dedication to client advocacy and continuing legal education. The NACDA’s selection process is rigorous and objective. It begins with peer or internal nominations and continues through an extensive review of legal credentials, training, verdicts, client and peer reviews, and contributions to the legal field. Only a small number of attorneys make it through each round—making the final Top 10 selection a rare distinction. A Leading Voice in Maine OUI/DUI Defense Attorney William Bly is one of the few criminal defense lawyers in Maine who is both: Certified as a Breath Alcohol Technician by the U. S. Department of Transportation Qualified to instruct field sobriety testing, the same methods used by law enforcement His deep knowledge of breathalyzer technology, police procedures, and constitutional rights gives... --- ### Stretching the Long Arm of the Law: FBI Tries to Compel Apple to Break Into Suspect's Phone - Published: 2016-03-01 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/stretching-the-long-arm-of-the-law-fbi-tries-to-compel-apple-to-break-into-suspects-phone/ - Categories: Criminal Defense On December 2, 2015, two armed assailants attacked a holiday party at the San Bernadino County Department of Health, in southern California. They killed 14 and seriously wounded 22 others before being killed in a shootout with police. President Obama called the attack an act of terrorism, and various governmental agencies started to investigate the two attackers, Syed Rizwan Farook and his wife, Tashfeen Malik. For awhile, these investigations were at the level of national security investigations that don't impact the everyday lives of U. S. citizens. But then the Federal Bureau of Investigation (FBI) demanded that Apple give it access to Farook's iPhone, and things got a lot more real for a lot more people. The Issue With Smartphone Encryption Smartphone encryption has been a simmering debate for years. Phone makers have been beefing up their encryption measures to please their customers ever since Edward Snowden brought government surveillance tactics to light in 2013. This has bothered law enforcement, which often relies on quickly extracting information from phones seized in investigations. They claimed that these encryption measures were making their job more difficult. FBI Wants Apple to Help Break Into Farook's iPhone Now, the FBI wants to get inside Farook's iPhone. The easiest way is to connect it to another computer, and then enter every possible password for the phone. Farook's iPhone, however, has two encryption devices that make this difficult: After several wrong password entries, the first prevents additional guesses for up to an hour. The second, if... --- ### The Horizontal Gaze Nystagmus Test in Maine - Published: 2016-02-24 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/the-horizontal-gaze-nystagmus-test/ - Categories: Field Sobriety Testing, OUI / DUI / DWI When a police officer thinks that you're driving drunk, they'll pull you over and begin to investigate. Once they have you pulled over and on the side of the road, there can be a lot of discretion in the evidence they put together to show that you're operating under the influence (OUI), and breaking Maine's driving laws. To gather this evidence, they have several tools they use. Among these tools are a handful of field sobriety tests. Even though these field sobriety tests are perhaps the least reliable of an officer's tools, police in Maine rely heavily on them to arrest people for OUI. Even the most "accurate" field sobriety test , the Horizontal Gaze Nystagmus Test (and its reliability and scientific value is HIGHLY questionable), can only determine whether you're over the legal limit 77% of the time. Even worse, it is often incorrectly administered, so the number is likely much lower than that. Here's what you need to know about the Horizontal Gaze Nystagmus Test (HGN): How the HGN test is Administered The HNT is a remarkably simple test to give to someone. A police officer will ask you to get out of the car, and you'll stand in front of them on the side of the road. The officer will hold up a finger or a pen at about arm's distance away from you, tell you to keep your eyes on it, and slowly move it from side to side without turning your head. What the HGN... --- ### Justice Scalia's Criminal Defense Legacy - Published: 2016-02-19 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/justice-scalias-criminal-defense-legacy/ - Categories: Criminal Defense Even if you're not a lawyer, you've heard by now that Justice Scalia, one of the members of the United States Supreme Court, died late last week. There are many facets to his passing: Who will be nominated to replace him? Will Senate Republicans be able to delay their approval of President Obama's nomination until he leaves office? Should they risk the chance of Bernie Sanders or Hillary Clinton winning the election, and facing a nomination much more liberal? Is it off color to be talking about these things even before Scalia's funeral? Fortunately, many of these issues are too big to have much of an affect on the practice of criminal defense in the state of Maine. So instead, we'll focus on the legacy in criminal defense that Justice Scalia left behind. Scalia's Unique Reading of the Constitution Often Made Him a Criminal Defense Hero Justice Scalia championed a somewhat unique reading of the Constitution called “originalism. ” He thought everything in the Constitution should be read according to it's original meaning. This often required looking at dictionaries from the 1780s to determine exactly what a word meant at the time it was put in the Constitution, or understanding the context surrounding the writing of the document itself. This often led Scalia to take a very literal approach to the Bill of Rights, including the Fourth Amendment, which prohibits unreasonable searches and seizures and so is the cornerstone of criminal defense law. Scalia Helped Prevent the Government from Conducting... --- ### The Long-Term Impact of Criminal Cases - Published: 2016-02-16 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/the-long-term-impact-of-criminal-cases/ - Categories: Criminal Defense Criminal cases have a habit of not going away quickly. Even after the arrest, the investigation, the trial, and either the acquittal or the conviction – even after the sentence has been served – the effects of a criminal case can still be felt. Whether it's an increased difficulty in getting a job because of a prior conviction, or subsequent lawsuits stemming from the arrest, criminal affairs hang around longer than a Maine winter. This week has provided two excellent examples of this problem. Both the Sandra Bland case and the issue surrounding the policing in Ferguson, Missouri have made their way back into the spotlight. Several Rulings Due in Sandra Bland's Case Sandra Bland was the black woman who was pulled over in Texas, allegedly for not using her blinker, violently arrested, and died in prison three days later. Her mother has sued the Texas Department of Public Safety, arresting officer Brian Encinia, the county, and two of the county's jailers over her daughter's death. It's been more than six months since Ms. Bland died in jail, but lawsuits surrounding her arrest and death are still plodding on. Officer Encinia is facing perjury charges for allegedly lying about being assaulted by Ms. Bland during the traffic stop, and Bland's mother is trying to compel the FBI to turn over evidence that it found in its own investigation. Several key procedural rulings are set to come up in Bland's mother's affair that could make or break her case. The judge... --- ### How the Criminal Justice System Works, from Arrest to Trial - Published: 2016-02-09 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/how-the-criminal-justice-system-works-from-arrest-to-trial/ - Categories: Criminal Defense Many people are fortunate enough to only understand the criminal justice system through TV shows and the news. Because they've never been through the rigors of a criminal charge and trial, they're not familiar with how the process works, and what order everything happens in. If you were previously one of these fortunate people, but now find yourself about to head into the world of the criminal justice system, here's how arrests usually evolve into charges and criminal trials. Arrest While other aspects of the criminal justice system vary slightly from court to court, every journey into the criminal justice system begins with an arrest. This is often the most stressful, confusing, and embarrassing aspect of the whole process because you have so little control over the situation, and because it happens so quickly. One minute you'll be minding your own business. The next you'll find yourself in handcuffs, in the back of a police car on the way to the station. There, you'll provide the police with your basic personal information, like your name and address. If you're suspected of committing a serious crime, you will be kept in a holding cell. If you're suspected of a lesser offense, a bail commissioner will set pre-conviction bail, or decide to let you out for your next appearance in court. Initial Appearance If you're being charged with a felony, your next step is an initial appearance. This will likely happen within a few days of your arrest, if bail wasn't set... --- ### Why I Litigate OUI Cases - Published: 2015-12-16 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/why-i-litigate-oui-cases/ - Categories: OUI / DUI / DWI In Maine, every OUI case has the potential for a positive resolution if the attorney has the necessary skill set. Of course, not all attorneys are created equal. Some are incredibly talented and some are incredibly average. Some attorneys are extremely dogged in their approach with these cases while other attorneys are incredibly lazy and skate by by doing the bare minimum. I like to think it takes a small amount of luck, a large degree of skill and a bulldog mentality to achieve my clients' goals. Sometimes in the field of criminal law, attorneys like me are "playing for the fumble". What I mean is, by being persistent and dogged in your approach, the prosecutorsometimes "screws up" and drops the ball at a critical juncture in the case. For example, yesterday I had a hearing on a motion to suppress my client's statements. If the police obtain statements from you, the client, in violation of your Constitutional rights, we can get those statements suppressed - or thrown out. In yesterday's case, the basis for the motion was very thin. However, I knew that the case was heading towards trial, so I had to pull out all the stops. I arrived at the courthouse 5 minutes prior to the scheduled hearing. The DA was nowhere to be seen and his witness wasn't in the courtroom. The judge wanted to start the hearing and was willing to wait as longas 15 minutes past the hearing start time, but no longer. At... --- ### Standards and Burdens of Proof, and the Meaning of "Beyond a Reasonable Doubt" - Published: 2015-10-27 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/standards-and-burdens-of-proof-and-the-meaning-of-beyond-a-reasonable-doubt/ - Categories: Criminal Defense If you read any legal blog out there, including this one, or watch legal shows on TV like Law & Order, then you're aware of the phrase “beyond a reasonable doubt. ” However, not very many people outside of the legal community of lawyers, law clerks, and judges use the term correctly. As a result, it creates lots of misunderstanding and confusion, especially when people assume that they know what it means, but really don't. “Beyond a reasonable doubt” is the standard of proof that needs to be met in a typical criminal case. The standard of proof is how well a case has to be proved, in order for it to be successful. The side that needs to satisfy the standard of proof is said to have the burden of proof. A good way to understand standards and burdens of proof is to compare different ones. In a typical civil case, where someone is suing someone else for money over something like a contract breach, the standard of proof is different, and the burden of proof is on the person filing the lawsuit; the plaintiff. In these cases, in order to win, the plaintiff has to show that they're right “by a preponderance of the evidence. ” “Preponderance” is another word for “a greater amount. ” Therefore, to win a civil case where a preponderance of the evidence is necessary to win, all the plaintiff has to do is make a case that is more convincing than their opponents'.... --- ### Strict Liability Crimes - Published: 2015-10-20 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/strict-liability-crimes/ - Categories: Criminal Defense In several of our recent blog posts, we covered what are called “mens rea” crimes – crimes that require you to have a certain state of mind in order for you to be convicted for them (“mens rea” is Latin for “guilty mind”). These articles explored what it meant to have the four culpable states of mind: 1. Intent 2. Knowledge 3. Recklessness 4. Criminal negligence Most crimes are mens rea crimes – they require that you have one of these states of mind. However, there are some crimes that don't require you to have a certain state of mind in order to be convicted. These crimes are called “strict liability” crimes. They don't care what you were thinking, when you violated the law. Strict liability crimes usually are lesser offenses than mens rea crimes, like parking tickets. For various reasons, it makes sense for some crimes not to require a culpable state of mind. Many strict liability violations happen so often that requiring a prosecutor to prove what was going on inside your mind in order to prove that you violated the law, and should have to pay a $15 ticket, might bring the government to a halt. However, there are some strict liability crimes, like drunk driving, that carry surprisingly high penalties. A conviction for operating under the influence, or OUI, as it's known in Maine, can lead to thousands of dollars in fines, serious restrictions on your ability to drive, and a strong possibility of real jail... --- ### Maine's Castle Doctrine - Published: 2015-10-19 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/maines-castle-doctrine/ - Categories: Criminal Defense There are few situations more terrifying or intense than being attacked by someone else. Having to resort to using force to defend yourself is something that normal people hope will never happen to them. So much of your future well-being rides on mere seconds of hyper-intense action that doesn't have a certain outcome. While all self-defense situations are highly emotional and sometimes even life-defining, defending your own home from an invasion is the most stressful of them all. Because it's such a stressful moment, with so much at stake, the laws of Maine include one that sets out what you can do, to protect your home. Nearly all states in the U. S. have a law similar to Maine's, detailing how a person can justifiably defend their own property. These laws are based on the Castle Doctrine, which originated in the Roman Empire, but got its name in England in the early 1600s, when a British judge said, “a man's house is his castle, and each man's home is his safest refuge. ” According to Maine's Castle Doctrine statute, there are several situations that make it justifiable to use either deadly force, or non-deadly force to protect your house and premises. The ability to justifiably use non-deadly force is simple, and broad under Maine's Castle Doctrine. Non-deadly force can be used if you reasonably believe it's necessary to prevent someone from trespassing, or about to trespass, on your land, private roads, or in any buildings on your land. The justifiable... --- ### Getting Your Drivers License Back After an OUI in Maine > Learn how to reinstate your driver's license in Maine after a DUI conviction. Learn about DEEP requirements & ignition interlock options. - Published: 2015-10-10 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/getting-your-drivers-license-reinstated-after-conviction-for-dui-in-maine/ - Categories: OUI / DUI / DWI Facing a DUI conviction in Maine can be overwhelming, but it’s essential to focus on the steps needed to reinstate your driver's license following an OUI conviction. Maine's strict OUI laws can make navigating the reinstatement process challenging, but understanding your options can significantly ease the journey. Whether it's through installing an ignition interlock device or completing the required DEEP course, there are specific pathways to get back on the road legally. Consulting with an experienced OUI defense attorney is crucial, as they can guide you through the legal intricacies and ensure you meet all necessary requirements for reinstatement. In this article, we'll explore the available options and provide a clear roadmap to help you restore your driving privileges. Ignition Interlock Device (IID) Option #1 is the most popular choice: installation of an ignition interlock device (IID). In order to get an IID, you have to satisfythe following requirements: You must first serve 30 days of suspension time; You must have completed the DEEP course; You must have paid all reinstatement fees; You must have completed your ignition interlock device application and submit it to the Bureau of motor vehicles prior to scheduling your IID installation appointment. If you complete all the foregoing requirements, you should be eligible for reinstatement. The difficulty is, many people do not complete DEEP until they've actually been convicted of the crime of OUI. It takes time to complete DEEP and as a result, those folks who do not complete it early on will likely... --- ### Predictive Policing and Its Similarity to Movies > Discover how predictive policing in Maine raises concerns about fairness, privacy, and potential bias in law enforcement practices. - Published: 2015-10-01 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/predictive-policing-similar-to-movies/ - Categories: Criminal Defense The police keep trying to come up with newer and better ways of doing their jobs. In one sense, this is a good thing, because, in theory at least, they have the interest of the community in mind. In another sense, however, it seems that each and every new “development” is a step backwards, as it contributes to tension between law enforcement and the very people it's supposed to serve. The most recent change in police tactics has been in the form of “predictive policing. ” By using computers to collect data on high-crime neighborhoods, the activity of current parolees, as well as information received by officers on the street and on social media; police departments create mathematical algorithms that predict not only where a crime will occur, but when, and by whom. Then police gather up the people on their new “hot list,” and have a meeting that they call a “call-in. ” There, law enforcement warn everyone that they're being watched, and that any violation of the law that they might commit, no matter how small, will be prosecuted to the fullest extent possible. Supporters of predictive policing point to Kansas City as a shining example of the tactic's success. There, homicide rates have fallen each year since the tactic was first implemented. However, these statistics are very basic – there's no evidence that this drop in the city's homicide rate was a result of predictive policing, or if there were other elements contributing to the drop, as... --- ### Maine OUI Charge With an Out-of-State License - Published: 2015-09-30 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/maine-oui-charge-with-an-out-of-state-license/ - Categories: OUI / DUI / DWI As if the criminal process for operating under the influence (OUI) wasn't already complex enough, with its administrative and criminal aspects, things get even more complicated if you're arrested and charged for drunk driving and you have a driver's license from a state other than Maine. Now there are multiple states involved, both of which are interested in suspending your license. How things work out varies greatly, depending on which state your driver's license belongs to. You will almost certainly need two different OUI defense attorneys to help you through the process – one in Maine, and another in your home state. Here's what Maine will do, if you get charged for OUI in our state, but have a different state's driver's license. Maine will charge you for drunk driving, and your case will go before one of the courts in Maine. This means that a Maine prosecutor will handle your case, a Maine judge will hear it, and you'll have to defend it in Maine. This can be a huge hassle if you're from out of state, especially if you're from out of the Northeast, and may require you to travel back to Maine to make a court appearance. In this way, the criminal process for an out-of-state license is the same as it is for a Maine resident. The administrative process, however, is much different if you're from out of state. Maine has no power to suspend your license if it wasn't issued by the Maine Bureau of... --- ### Arrests and Convictions Are Not the Same Thing - Published: 2015-09-24 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/arrests-and-convictions-are-not-the-same-thing/ - Categories: Criminal Defense Not everyone can know all there is to understand about the law. There's so much out there to understand, that even attorneys focus on a small area of the law to practice in, like wills, or corporate law, or criminal defense. However, there are some, basic legal ideas that at least most Americans should be aware of, because if they're not, it can really impact how the legal system works. One of these things that people should understand is that there's a huge difference between an arrest and a conviction for a crime. Here's how they're different. Arrests People get arrested all the time. Police officers are supposed to make arrests whenever they have the remotest suspicion that someone has committed a crime. Sometimes, police officers will even make an arrest when they know that no crime has been committed, but they just want to incapacitate someone, like in the heat of a protest. Oftentimes, the number of arrests an officer makes is used to determine how well he or she is doing on the job, so making more arrests is a great way to get promoted in the department. Just like a salesman looks for every opportunity to sell something, a police officer is often looking for every opportunity to arrest someone. Unfortunately, police officers are wrong a lot of the time, and the person they arrested didn't commit a crime. Convictions Unlike arrests, which happen whenever a police officer has the slightest suspicion that a crime's been committed,... --- ### The Numerous Ways of Committing Prescription Drug Fraud - Published: 2015-09-18 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/the-numerous-ways-of-committing-prescription-drug-fraud/ - Categories: Drug Crimes Prescription drug abuse has been on the rise in America for years, now. While there are some drugs that are targeted more than others, the sheer volume of prescription drugs that have been illegally obtained is estimated to be in the vein of tens of billions of dollars, every year. Most prescription drug fraud is done to fuel a drug addiction, though there are also many people who commit fraud in order to sell the drugs that they get. But what is prescription drug fraud, exactly? And how does it work? Prescription drugs are the drugs which you can't get on your own, because the government has set up safeguards against their abuse. This safeguard is the prescription, which has to be written by a doctor in their normal course of business. Because people can get creative with how to get prescription drugs without getting the prescription first, the law doesn't state a bunch of ways to get them that are illegal: If it did, people would find another way, fast. Because of this, the law is vague, and makes it illegal to get prescription drugs using anything other than a prescription. If you get prescription drugs by doing something to get around the need for a doctor's prescription, then you've committed prescription drug fraud. Because the law is vague, there's no one way to commit prescription fraud. Here are some of the many ways that have been determined to be illegal prescription fraud: Stealing prescription pads. When a doctor... --- ### Why Maine's Bail Code Fails The Most Vulnerable of Our Society - Published: 2015-09-16 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/why-maines-bail-code-fails-the-most-vulnerable-of-our-society/ - Categories: Criminal Defense In a couple of recent blog posts, we discussed both the basics of bail, and how to post it in Maine. In those posts, we discussed that bail is money you can give to the court, to assure it that you'll show up for your upcoming court dates. You can post this money in a variety of ways, from paying cash up front, in order to get out of prison immediately, to offering to add a mortgage on your house in Maine. If you're not present at one of your required court appearances, then the bail money could be revoked. Bail can be a handy system to avoid having to sit in jail in the days or months leading up to your trial. However, it's a system that can only be accessed by those with the money or other means to pay for it. For many people, who have low wage jobs or who have had trouble finding regular employment, if they get arrested, the cost of bail is far beyond what they can manage. While wealthier people can post the money needed to meet bail and obtain their release from jail before their trial, the impoverished don't have this option. Instead, they're forced to sit behind bars for the months that lead up to their trial, with little other alternative. If someone isn't able to post their bail money, they'll lose whatever job they counted on for their livelihood after being absent for a few months while locked up,... --- ### The Changing World of Faulty Forensic Science - Published: 2015-09-15 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/the-changing-world-of-faulty-forensic-science/ - Categories: Criminal Defense All different levels of law enforcement, from the Federal Bureau of Investigation (FBI) all the way down to your local police department, have always claimed to use only the best and most accurate scientific methods to investigate crime. Unfortunately, this has been far from the case. As has been shown time and time again by organizations like the Innocence Project, the “science” that law enforcement uses to solve crimes is not only inaccurate in practice, but actually never even had a chance of being accurate, in theory. Back in April, the Department of Justice (DOJ) teamed up with the FBI and the Innocence Project to take a look at one of the investigation methods that the FBI had used for nearly two decades – microscopic hair comparison. This investigation method took a suspect's hair sample, and compared it under a microscope to one found at the crime scene. If the two looked similar, visually, then it would be offered as evidence that the suspect was guilty of the crime charged. Unfortunately, visually comparing hairs, even under a microscope, led to inaccurate results. In one case, this led to a conviction of murder and 28 years in jail. The wrongfully convicted man, Santae Tribble, was exonerated after it was discovered that the “matching” hair belonged to a dog. To make matters horrifically worse, this was not an isolated case of bad science ruining an innocent person's life: According to the Washington Post, “nearly every examiner... gave flawed testimony in almost all... --- ### Culpable States of Mind in Maine - Recklessness > Maine Criminal law consider a person’s state of mind when determining guilt, ensuring that intent and recklessness impact the severity of a crime. - Published: 2015-08-26 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/culpable-states-of-mind-recklessness/ - Categories: Criminal Defense When they were writing criminal laws, lawmakers determined that what was going through a person's mind should be a crucial element in determining how serious of a crime they were committing, or even if they were committing a crime, at all. After all, it's not very fair if one person made a mistake, and committed a crime, while someone else intended to commit the crime, and both people get the same punishment. As a result, many laws require that someone had a “culpable state of mind” in order to be convicted for violating them. Culpable state of mind in Maine In Maine, we have four different levels of a culpable state of mind. Most of the state's criminal statutes will say which ones are required, in order to be convicted under the law. These four levels are: Intent Knowledge Recklessness Negligence We've already touched on intent in this blog post, and this blog post dealt with knowledge. Now, we'll delve into what recklessness means. Acting 'Recklessly' in Maine According to the law in Maine, you act recklessly when you consciously disregard the risk that your conduct will produce a certain result. One example of acting recklessly would be if you were in a crowded room, and decided to swing a baseball bat. Even if you don't intend on hurting anyone, and even if it's not a virtual certainty that you'll hit someone, you are consciously ignoring the high probability that it will. Another example is pointing a loaded gun at... --- ### Culpable States of Mind - Knowledge - Published: 2015-08-25 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/culpable-states-of-mind-knowledge/ - Categories: Criminal Defense In criminal courts, including Maine's, what was going through a person's mind is a crucial part of whether what they did was a crime, or not. This is a crime's requirement that someone have a “culpable state of mind” in order to be convicted for violating the law. A person's culpable state of mind can make the difference between murder and manslaughter. This is why Maine courts have recognized four different levels of a culpable state of mind. These are: Intent Knowledge Recklessness Negligence In Maine's criminal statutes, there will often be a statement about which of these is the required culpable state of mind to be convicted for that particular crime. We've already been over intent, in this blog post. Now, we'll take a closer look at what we mean by a knowledgeable state of mind. According to the laws of Maine, you're acting with knowledge if you're aware that your conduct will almost certainly lead to a specific result. An example of someone acting with knowledge would be a man who has AIDS, and who knows that he has AIDS, and who understands how AIDS is transmitted, and yet who nevertheless continues to sleep with people without using protection, and without warning them of his condition. If he has intercourse specifically to transmit his disease to someone else, then he would no longer be acting with knowledge, and would be acting with intent, instead. However, if he wasn't actively trying to spread AIDS, he would be acting with... --- ### Culpable States of Mind - Intent - Published: 2015-08-24 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/culpable-states-of-mind-intent/ - Categories: Criminal Defense In all criminal courts, including Maine's, a person's state of mind has been determined to be a crucial part of a crime. This is because the law thinks that when you commit a crime without intent, that crime is not as serious but if you meant to do something wrong, and then did it. This is why Maine courts have recognized four different states of mind that can turn something from an unfortunate accident, into a crime. These are: Intent Knowledge Recklessness Negligence In the statutes that describe crimes in Maine, there will often be a statement about which of these is a “culpable state of mind” – and therefore required in order for you to be convicted for that particular crime. Here, we're going to discuss the first, and most serious of these states of mind: Intent. In essence, to do something with intent means that you purposefully meant to do the action that you're being charged for. It's plotting, ahead of time, and with a level head, the exact plan that you were going to use for the action, and then setting out to execute that plan. It's acting while intentionally trying to cause a specific result. This probably doesn't come as much of a surprise, to you. Intent is not a very difficult term to understand. However, like many things in the law, it quickly becomes complex, because of how difficult it is to see practically, in real life. It's all well and good to say that... --- ### Maine's Confusing Rape Shield Law - Published: 2015-08-18 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/maines-confusing-rape-shield-law/ - Categories: Sex Crimes One of the many things that criminal defense attorneys have to worry about all the time is evidence. But it goes much further than just about what looks good, in court: It's also about what even gets into court, in the first place. The evidence that gets presented or withheld can make or break a case. The rules for what kinds of evidence are admissible or inadmissible are impressively complex. There are, quite literally, books written on the subject. One of the most complex and problematic of the rules of evidence is what is known as a “rape shield law. ” This law limits the ways that evidence can be presented, if the evidence has something to do with someone's past sexual conduct. All of the states in the U. S. have one of these, including Maine. Our rape shield law is found at Rule 412 in our Rules of Evidence. While the reason behind the law is all well and good – it's to prevent the jury from looking down on a victim of a sexual crime, by not allowing evidence that they're promiscuous into the trial – it's how the law goes about doing this that is the problem. The theory of the law is admirable. But, in practice, the law is incredibly inconsistent. Take, for example, an instance where someone is accused of a violent sexual assault. The victim, however, was high on drugs, and the violent nature of the assault caused her to lose consciousness. She... --- ### What Sandra Bland's Death Says About the Police - Published: 2015-08-04 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/what-sandra-blands-death-says-about-the-police/ - Categories: Criminal Defense It seems like every week now, there's another person who dies after being roughed around by police. It's to the point where it's difficult to keep the names and places straight. Michael Brown was in Ferguson, Missouri, and Eric Garner was in New York, and Freddie Gray was in Baltimore, but where was Sandra Bland? And what was the name of the guy who got shot on video in South Carolina? The lesson that we need to be learning from this is that law enforcement has changed, somehow, at some time in the recent past. The change has been to how they enforce the law, and the change has not been for the better. At the core of the wrong tactical changes that have been made in many police departments across America is how officers are promoted up in the ranks. Officers now succeed or fail in the force based on the number of arrests they make. Fewer arrests mean that they are not doing their job. More arrests show that the officer knows how to ferret out crime. It doesn't take rocket science to show how this is a bad idea. Just watch the dashboard camera in the Sandra Bland case. Ms. Bland was driving in Prairie View, Texas when she was pulled over by officer Brian Encinia for failing to signal while changing lanes. Mr. Encinia had made a reasonable decision to give Ms. Bland a written warning for failing to signal. But written warnings are not arrests.... --- ### When Police Don't Know the Law - Heien v. North Carolina - Published: 2015-07-21 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/when-police-dont-know-the-law-heien-v-north-carolina/ - Categories: Criminal Defense You may have heard the phrase “ignorance of the law is no excuse. ” Just because you aren't aware that it's illegal to turn right on red in New York City doesn't mean that, if a police officer pulls you over for doing it, you can say, “Sorry, I didn't know,” and go on your way. If that was the case, a lot of havoc would be created by folks pleading ignorance of the laws where they live. But what about if a police officer doesn't know the law, and arrests you because of his or her mistake? It seems absurd, but there are thousands of laws on the books in each and every state, and police officers are human, after all. If you still don't think it could happen, take a look at a recent case that went to the U. S. Supreme Court, Heien v. North Carolina. In this case, a police officer pulled a car over because one of the taillights was broken. While talking to the driver and passenger, however, the officer became more and more suspicious, and asked if he could search the vehicle. They said that he could, and when he did, he found cocaine, and they were both charged with drug trafficking. All because of a broken taillight. However, in North Carolina, having a broken taillight wasn't illegal. At least, not according to Section 20-129(g) of the state's vehicle code. If the police officer had known that it was legal, then he wouldn't... --- ### Qualifying Patients and Prescriptions for Medical Marijuana - Published: 2015-07-20 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/qualifying-patients-and-prescriptions-for-medical-marijuana/ - Categories: Criminal Defense In a recent blog post, we took a quick look at Maine's medical marijuana law, the Maine Medical Marijuana Act (MMMA). The MMMA provides, in detail, exactly how the state of Maine regulates medical marijuana. Because marijuana is a controlled substance that can lead to criminal drug charges, and because the MMMA dictates when it's okay for people to use and have marijuana for medicinal purposes, knowing exactly how the MMMA works is important in order to stay on the right side of the law. Making a mistake can result in a costly trip to court that can end in criminal convictions. In this post, we'll take a closer look at what it means to be a “qualifying patient” under the MMMA, by focusing on how they can get a prescription from a doctor for medical marijuana. Qualified patients are those who have been prescribed to possess and use a small amount of marijuana for medicinal purposes. There are two separate issues that this raises: Obtaining a prescription from a doctor, and possessing and using marijuana for medical reasons. Because each of these issues are complex in themselves, we'll hold off talking about the second issue – actually having and using the marijuana – until a later blog post. In order to get a prescription from a doctor to become a qualified patient under the MMMA, you need to have one of three medical issues. The first of these is a chronic medical condition that produces intractable pain, which has... --- ### Maine's Medical Marijuana Laws - A Quick Overview - Published: 2015-07-16 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/maines-medical-marijuana-laws-a-quick-overview/ - Categories: Drug Crimes Across the country, the medical use of marijuana has become more and more accepted in the community, and Maine is no exception. With the “war on drugs” increasingly seen as a poor use of time and money, and with lesser drugs like marijuana losing much of their undeserved negative stigma, and with medical studies showing the benefits of marijuana, voters across the country have made their voices heard. In many states, including Maine, it's now legal to use marijuana for medical purposes. Other states, like Colorado, have gone even further, making marijuana fully legal. While a growing majority of Americans are in favor of legalizing pot – 53%, according to a recent survey by the Pew Research Center – progress in state legislatures has been slow. Maine's medical marijuana laws started back in 1999, when 61% of Maine's voters elected to pass a state statute allowing patients, with certain types of illnesses, to use medical marijuana if prescribed by a doctor. The statute, as it was passed, allowed patients to have 1. 25 ounces of marijuana, and up to six marijuana plants. The law was amended in 2002, to double the amount that patients could possess, raising the limit from 1. 25 ounces, to 2. 5 ounces. While a big step forward for suffering patients, Maine's marijuana laws were still primitive, with many important details left vague, and with a lot of logistical work ignored. To fill these holes left open by the medical marijuana law, the Maine Medical Use... --- ### Biking Under the Influence in Maine > If you're facing an OUI while biking charge in Maine, The Maine Criminal Defense Group can navigate the complexities when confronting an OUI. - Published: 2015-07-14 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/biking-under-the-influence-maine/ - Categories: OUI / DUI / DWI If you've ever shown up to a bar or a party while wearing a bike helmet, you'll probably recall how quickly the conversation changed. “You biked here? Nice. Where do you live? ” “I guess you don't have to worry about driving drunk. ” Can you ride a bike while drunk in Maine? The short answer is that, in Maine, it is not illegal to ride a bike while under the influence of alcohol. However, like with many other legal questions, the short answer doesn't cover everything. Biking Under the Influence of Alcohol in Maine Firstly, drunk biking is dangerous. The National Highway Transportation Safety Administration conducted a study that found how often alcohol was a factor in the fatalities of bikers in 2012. This study found that 28% of bikers who died on the road had at least some alcohol in their bloodstream at the time of the accident. 24% had more than the legal limit of 0. 08% blood alcohol content (BAC). These results are far from surprising when you consider how difficult it is to balance on a bike, even while stone-cold sober. Alcohol, particularly at high levels, influences your ability to stand upright, and will drastically impact your ability to balance on spinning wheels barely an inch wide. One poorly-timed weave on a narrow roadway is all that it takes to cause an accident. Once a collision does occur, it doesn't take much of an imagination to realize that the loser is almost always going to... --- ### Primary Caregivers Under Maine's Medical Marijuana Law - Published: 2015-07-13 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/primary-caregivers-under-maines-medical-marijuana-law/ - Categories: Drug Crimes Lately, in this blog, we've been covering the Maine Medical Marijuana Act (MMMA). This piece of legislation is relatively new, both in Maine and across the country, so some of the details are less then completely thought out. In this case, it's understandable, because the government is trying to create new regulations for an entirely new business that has been completely illegal. However, understandable or not, that doesn't mean that it's not frustrating or confusing as you try to put together what you can and can't do, with regard to medical marijuana. Before, we touched on how this law impacts qualified patients – the people who need to use medical marijuana for ailments – by focusing on how the MMMA lets you get a prescription for medical marijuana from a doctor. In this post, we're interested in how the MMMA treats primary caregivers. A “primary caregiver” is someone who assists a qualified patient with their use of medical marijuana. There are no requirements to being a primary caregiver aside from being designated as one by a qualifying patient: You don't need to be a doctor or a nurse. This allows patients to designate caregivers close to them, who best know what they need, and how to care for them. If you get designated as a primary caregiver by a qualifying patient, you will probably need to register with the Department of Health and Human Services (DHHS), and get both a registration card, and a food establishment license. There are some... --- ### Proposed Law Would Focus Drug Enforcement Back on Dealers, Not Users - Published: 2015-07-07 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/proposed-law-would-focus-drug-enforcement-back-on-dealers-not-users/ - Categories: Drug Crimes In a recent blog post, we detailed the wide net of drug trafficking, studying all of the different activities that are included in the law's use of the word “traffick. ” We found that you can be charged and convicted of the crime of drug trafficking if you: Grow or cultivate controlled drugs, Sell or exchange controlled drugs, Possesses controlled drugs in order to sell or exchange them, or Possess over a certain amount of specific drugs. While the drug trafficking law is meant to prevent people from dealing drugs, the reality is that it's often used to put drug users, already the victims of an terrible situation, behind bars and saddle them with a serious criminal record. This is unfortunate, because being a drug user and being a drug dealer are very different things – one is unable to stop using a drug, and the other is making sure that this dependency continues, and profiting from it. Justice requires that dealers be treated like dealers, and users be treated like users. A proposed change to Maine's drug laws would go a long ways in making that a reality. If passed, the proposal, L. D. 113 (“LD” stands for “Legislative Document”) would do several things: It would make it no longer drug trafficking to simply possess certain amounts of specific controlled drugs. L. D. 113 would also lessen the criminal penalties for simply having Schedule W or Schedule X drugs. While the bill's opponents say that the bill goes easy... --- ### The SR-22 Insurance Requirements in Maine - Published: 2015-06-11 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/the-sr-22-insurance-requirement-maine/ - Categories: Criminal Defense Like most other states in the U. S. , Maine requires that drivers keep at least a little bit of car insurance. Like most laws, there is a reason behind it. The state of Maine knows that being injured in an accident is horrible, especially if it wasn't your fault. Requiring that everyone carry car insurance prevents drivers from getting hit by an uninsured driver, and then getting stuck with the cost of the accident because the other driver can't afford the bill. By requiring all drivers to have at least some car insurance, the state of Maine is making sure that there is someone with deep pockets – the insurance company – to be there to cover the costs of an accident. Therefore, if you're driving in Maine, you need to have at least this much insurance: $50,000 for bodily injury or death, per person; $100,000 for total bodily injury or death, per accident; $25,000 for property damage; $2,000 medical payments coverage; Uninsured motorist coverage of at least $50,000 per person, and $100,000 per accident. SR-22 Insurance and OUI's in Maine If you've been convicted for operating under the influence (OUI) two or more times, and have had your license suspended, you'll have to prove that you have at least this much insurance, in order to get your license back. This requirement that you show proof of car insurance is one way that the state of Maine makes sure that everyone is playing by the rules, and carrying car... --- ### Per Se Laws and OUIs in Maine - Published: 2015-06-08 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/per-se-laws-and-ouis/ - Categories: OUI / DUI / DWI Some laws are “per se” laws. They make something illegal because of what it is, regardless of whether it's actually dangerous, or not. For example, it's per se illegal for companies that are supposed to be competing with each other to fix the price of what they sell or do. This violates the U. S. antitrust laws, and is considered a form of white collar crime. However, you don't have to be an international conglomerate making back room deals to suffer the deleterious effects of per se laws. Per Se & OUI's in Maine Operating under the influence (OUI) is another example of a per se law. In Maine, you commit the crime of OUI if you drive a car while under the influence of drugs or alcohol. You're considered to be “under the influence” if you have a blood alcohol content (BAC) or 0. 08% or above. This makes OUI laws per se laws because, once you're shown to have a BAC of 0. 08% or above, you're considered intoxicated by law, regardless of whether you're too impaired to drive. Driving while drunk is the dangerous act – driving with a BAC of 0. 08% or greater is not necessarily dangerous but is in fact, illegal. Understanding what per se laws are, and that OUI is a per se law, is important because different people get intoxicated at different BAC levels. Some people don't get drunk quickly, and can have a BAC higher than 0. 08% and still be... --- ### Drug Trafficker is Sentenced to 20 Years in Federal Prison - Published: 2015-05-17 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/drug-trafficker-is-sentenced-to-20-years-in-federal-prison/ - Categories: Drug Crimes, Drug Trafficking Andrew Hunter of New Hampshire, was sentenced to 20 years in federal prison for trafficking in cocaine and heroin throughout New Hampshire and Maine. Hunter was the distributor for a large drug ring and the main supplier for said ring. When he is released, he will be on supervised release for a period of 3 additional years. Supervised release is the federal equivalent of state probation. When facing federal charges, the stakes are significantly higher than they are in state court. For example, an aggravated drug trafficking crime in state court may land you a mandatory minimum sentence of 4 years in state prison. Perhaps a maximum of 8 years, depending on the facts of the case and the defendant's criminal history. In federal court, you're likely looking at a 10 year mandatory minimum prison sentence and if you're classified as a armed career criminal offender, you maybe looking at 30 years to life. That's a BIG difference. When you're facing charges that could go either federal or state, it's in your best interests for your attorney to try to negotiate a state jail sentence and to keep the case out of federal court. If you've been charged with a federal offense in Maine, call The Law Office of William T. Bly, at (207) 571-8146. --- ### You Can Be Convicted for OUI, Even With a BAC of Under 0.08% - Published: 2015-05-15 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/you-can-be-convicted-for-oui-even-with-a-bac-of-under-008/ - Categories: OUI / DUI / DWI Even if you've never been pulled over by a police officer and asked to take field sobriety tests, you're probably aware of how people get arrested for operating a vehicle under the influence (OUI). Enough people in the state of Maine get arrested for OUI that you've likely heard someone talk about their experience. You may have also learned about what the process looks like from TV, or the movies. But here's a situation that may not have crossed your mind: What happens if you get pulled over, fail several sobriety tests because you're too drunk to walk straight or count to ten, but then the breathalyzer test shows that your blood alcohol content (BAC) is 0. 06%, under the legal limit? Does the officer shrug his shoulders and let you go? No. In Maine, the officer can still arrest you, and you can still get charged for OUI, and you can still get found guilty. This is because the OUI laws in Maine do not rely completely on BAC testing. Maine's drunk driving statute states that: 1. A person commits OUI if that person: A. Operates a motor vehicle: 1) While under the influence of intoxicants; or 2) While having an alcohol level of 0. 08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath The “or” is critically important, here. It allows for an OUI conviction if you're found to have either a BAC of 0. 08% or above, or are found... --- ### Convicted Murderer Dennis Dechaine Appeals to the Maine Law Court for a New Trial - Published: 2015-05-14 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/convicted-murder-dennis-dechaine-appeals-to-the-maine-law-court-for-a-new-trial/ - Categories: Murder/Manslaughter In 1988, Dennis Dechaine was given a life sentence for the murder and rape of a 12 year-old child, Sarah Cherry. The evidence in the case was overwhelming and included confessions obtained from Mr. Dechaine, admitting that he committed the crimes. Mr. Dechaine even confessed to his attorney, who then told investigators where to find the young girl's body. Since 1988, Mr. Dechaine has brought multiple appeals to the Maine Law Court in an attempt to have his conviction overturned or for a new trial. Mr. Dechaine and his legal team recently argued their case to the Maine Law Court, stating that in light of DNA evidence, he should be given a new trial. It is highly likely, in fact, I would say, practically certain, that the Maine Law Court will deny this latest appeal. In Maine, in order to obtain a new trial due to recently obtained DNA evidence, the Defendant bears the burden of demonstrating that the newly obtained DNA evidence could only have come from the person who committed the crime; to the exclusion of the Defendant. The DNA evidence must outweigh all the evidence previously admitted in trial. Otherwise, the Defendant is not entitled to a new trial. In the current appeal, the Justices of the Maine Law Court appeared skeptical in their questioning of Dechaine's attorney. Justice Mead commented that "your argument hangs on the thread that there was a struggle and somehow during the struggle the perpetrator's DNA ended up underneath her fingernails. "... --- ### Maine's Snowmobiling Laws and Minors - Published: 2015-05-11 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/maines-snowmobiling-laws-and-minors/ - Categories: Fish, Game, Boating & ATV The laws dictating who can and can't drive snowmobiles are significantly different from those governing cars. Generally, riding your snowmobile has fewer rules than driving your car: There are no set speed limits, you don't need a license to drive one, and you can go off-road. Importantly, because you don't need a specific license to drive your snowmobile, like you need a driver's license to drive a car, children and minors under the age of 16 can drive a snowmobile. Generally, children under the age of 10 still can't drive a snowmobile without being accompanied by an adult. However, this only applies to public roads or lands – nothing says that children under 10 years old can't drive a snowmobile on their own while on private land owned by their parents, or on land owned by someone who's given them (or, more likely, their parents) permission to drive on. This gives young kids an excellent opportunity to hone their driving skills, without damaging someone else's property, or putting the public at risk. Children between the ages of 10 and 14 can operate a snowmobile on their own, but not on any “public way. ” These “public ways” are “any road capable of carrying motor vehicles, including, but not limited to, any state highway, municipal road, county road, unincorporated territory road, or other road dedicated to the public. ” Kids between 10 and 14 can still drive a snowmobile on public trails, or on private land that they have permission to... --- ### The Dangers of Teen Sexting in Maine - Published: 2015-05-08 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/the-dangers-of-teen-sexting/ - Categories: Juvenile Offenses, Sex Crimes The world we grew up in (Maine) isvery different than the world we currently live in. Things that were impossible to achieve or imagine 30+ years ago are easily achievable and realistic with today's technology. We have Twitter, Instagram, Facebook, Tumbler and a whole host of other social media outlets for which to post our thoughts, victories, and yes, nude "selfies". This is an endemic issue that we generally only associate with celebrity follies, not children or teens. There appears to be a national trend towards teenagers sending each other nude photos of each other or perhaps photos or videos of each other having sex. When your 15 year old girlfriend sends you a naked photo and you share it with a friend, you may find yourself explaining your actions to a local detective... for engaging in Sexual Exploitation of a Minor. Now of course, many Maine high school seniors reach the age of 18 before graduation. Many of these same seniors are dating younger girls and if we're honest, having sex. When you're over the age of 18 and you then share those pictures, you've committed a rather serious crime. A crime that can be prosecuted at both the federal and state level. While it's unlikely that a federal prosecutor will decide to charge an 18 year old kid with distribution of child pornography (unless the facts are especially egregious), it's highly likely that a state prosecutor will charge that 18 year old kid as an adult. And the... --- ### How to Register Your Snowmobile - Published: 2015-05-07 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/how-to-register-your-snowmobile/ - Categories: Fish, Game, Boating & ATV If you want to enjoy Maine's outdoors during any one of the state's twelve months of winter, you'll probably need a snowmobile to get around. While they're not a car, snowmobiles still need to be registered in Maine. The only times where you don't have to register y our snowmobile is if you're only going to use it on your own property, or if you own a ski slope and will only be used to pack snow or for rescue operations, and it won't cross a public road, or if you own a licensed snowmobile repair shop, and are only conducting field tests on the vehicle. If you don't register your snowmobile and take it out on the trails without the proper licensing and stickers, you risk being pulled over by a police officer and face a fine of between $200 and $500. The snowmobile registration procedure is a relatively easy process, largely because of the high number – approximately 100,000 – of snowmobile registrations Maine processes every year. While new registrations can only be done through a registration agent, or at the Department of Inland Fisheries and Wildlife office, in Augusta, renewals can be done online, or using a paper application. To avoid unnecessary inconvenience and travel, non-Maine residents can apply for new snowmobile registrations online, as well. For Maine residents, there is a $41 fee. For non-Maine residents, the fee is $89 for a year-long registration, or $44 for a 3-day registration. Members of the military permanently stationed in... --- ### How Does A Criminal Trial Work in Maine? - Published: 2015-04-15 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/how-does-a-criminal-trial-work/ - Categories: Criminal Defense, Trial A Maine criminal trial is the process guaranteed to anyone charged with a crime, but that doesn't mean one will actually get to a trial with a jury. A lot depends on what occurs well before the trial, and there is quite a bit of play that can make big changes to the outcome of a person's defense. At the very beginning of the issues leading up to a trial is an investigation, and if a person is aware of being targeted in such a law enforcement activity, his or her attorney can do quite a bit to understand what potential crimes are being investigated and the interest of the prosecutor's office involved. Unfortunately, state and local investigations tend to be far more tight-lipped, as local prosecutors are interested on getting to arraignment rather than working out plea deals early on. However, with federal investigations, which often take far longer, there tends to be more interest in conversations and working out lesser charges before an arraignment actually occurs. The Formal Hearings The arrest and arraignment is the formal process one goes through to be charged with a crime. This is the point where the prosecutor, after a defendant has appeared in court, frequently following his or her arrest, lists the basic facts of the case and charges sought. The defendant, generally under the guidance of his or her defense attorney, then has to decide whether to plead not guity, guilty, or nolo contendre (no contest). From this point until the... --- ### Former Convicted Felon Gets 16 Years in Federal Prison - Published: 2014-10-21 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/former-convicted-felon-gets-16-years-in-federal-prison/ - Categories: Federal Charges, Weapons Charges Former convicted felon, Jerome Hudson, pled guilty to possession of ammunition by a convicted felon earlier this year. The mandatory minimum penalty under federal law is 15 years. Mr. Hudson's mandatory minimum sentence was driven by the Federal Armed Career Criminal Act. Mr. Hudson, who at the time was living in Lewiston, Maine, had a lengthy history that included assaults, armed assaults, drug possession cases and robbery. It seems that he lucked out and narrowly missed being sentenced under the Federal Career Offender Act, which would have required a mandatory minimum sentence of 30 years to life. Mr. Hudson confronted the father of his girlfriend's children at a school bus stop where he then pulled out a 9mm pistol and fired at least three shots. Miraculously, no one was hit by the shots. While the shots were clearly meant for the boyfriend, anyone of those bullets could have struck and injured or even killed one of the children According to court records, Mr. Hudson then fled the scene and dumped the pistol into a sewer drain. He then hid from police for a number of hours until he was finally apprehended. When questioned by the police, Mr. Hudson told the police that "you only have the ammo and that's all you're going to get. You won't find the gun. " Mr. Hudson would later confess to discharging the pistol and dumping it in the sewer. The gun was never recovered. Amazingly, Mr. Hudson could have gotten a much stiffer sentence... --- ### Hazing in sports and legal ramifications - Published: 2014-10-13 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/hazing-in-sports-and-legal-ramifications/ - Categories: Fish, Game, Boating & ATV As a former resident of NJ, I was horrified to learn of the hazing incidents that took place at Sayerville War Memorial High School in Sayerville, NJ. It's unknown whether this particular form of hazing is something new this year or if it's been going on for years. As the case is still under investigation, details are still sparse. The few details that have been leaked are quite horrific. Apparently, upperclassmen on the varsity football team would periodically grab a freshman football player, turn off the lights, hold that young man down and precede to assault the boy. Oftentimes, the assaults were sexual in nature and included the forceful insertion of an upperclassmen's finger into the rectum of the young boy. Sometimes the boy would be forced to suck on the finger that had been forcefully shoved into his rectum. For most people, this type of behavior is unthinkable. However, hazing is commonplace in sports, fraternities and the military. What's unusual is the ferocity of the attacks (and yes, these are sexual assaults so I'm going to characterize them as attacks) and the sexual nature of them. These acts are akin to rape and so far, 6 young men have been charged with gross sexual assault among other serious felonies and misdemeanors. The local prosecutor also has the option of charging these boys as adults, which will really increase the stakes as these kids are facing serious jail time. So, why am I blogging about an "isolated incident in NJ"... --- ### Attorney Anthony Sineni Arrested and Charged with Domestic Violence Assault and other Serious Criminal Charges - Published: 2014-09-29 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/attorney-anthony-sineni-arrested-and-charged-with-domestic-violence-assault-and-other-serious-criminal-charges/ - Categories: Domestic Violence - Tags: domestic violence Prominent local Portland criminal defense attorney, Anthony Sineni, was charged over the weekend with Domestic Violence Assault (Class D misdemeanor), 3 counts of Tampering with Evidence/Witness/Victim (Class C felony) and Theft in Excess of $10,000. 00 (Class B felony). If convicted, Mr. Sineni could face as much as 16 years in prison if the sentences on all the charges were to run consecutively. Because Attorney Sineni handles so many court appointed cases in Cumberland County, the Attorney General's Office has agreed to prosecute the case to ensure that any appearance of impropriety is avoided. If convicted on any of these charges, it's likely Mr. Sineni would face a period of incarceration as well as a period of probation upon release from jail. It's an unfortunate piece of news as Attorney Sineni is known to be a diligent and passionate criminal defense lawyer. The public just needs to avoid jumping to conclusions until all the facts are in on this case. Remember, in this country, people are presumed to be innocent unless that presumption is overcome by proof beyond a reasonable doubt. --- ### 15 year-old boy gets sentenced to 25 years to life in federal prison - Published: 2014-09-01 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/15-year-old-boy-gets-sentenced-to-25-years-to-life-in-federal-prison/ - Categories: Juvenile Offenses Gamers take notice. Your young age will not save you under the 2001 Patriot Act. A 15 year-old was sentenced this week to 25 years to life in prison following two convictions for domestic terrorism. A gamer fad called "Swatting" has become more and more frequent, putting the lives of these kids and their families in danger. Swatting is a gamer term used to describe the actions that gamers take against other gamers. These gamers find out the ip address of the rival gamers, they can then gain personal information about that gamer, including the name and residential address of the rival gamer. Then, an anonymous threat is called into the local PD such as a threat of murder, kidnapping, etc. and the local Swat team is called in to deal with the situation. In young Mr. Paul Horner's case, he "Swatted" his rival and the SWAT team rushed in. The rival gamer's father was shot and put in critical condition. Of course it goes without saying that neither the rival gamer or his father had committed any crimes. This type of behavior is becoming more and more commonplace and law enforcement AND prosecutors are taking this very seriously. In Mr. Horner's case, his age didn't save him from prosecution as the 2001 Patriot Act has an exception that allows the child to be prosecuted as an adult. What a sad, sad situation for everyone involved. The lesson to be learned here is that parents should absolutely be monitoring their... --- ### New Gloucester Maine Woman's Bad Night Gets Worse When She Gets Arrested - Published: 2014-08-18 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/new-gloucester-maine-womans-bad-night-gets-worse-when-she-gets-arrested/ - Categories: Criminal Defense A Gray couple were awoken at 2 a. m. Wednesday when a woman they did not know turned on their bedroom light and asked if anyone wanted to play, authorities said. Charity Hatch, 32, of New Gloucester was charged with criminal mischief in connection with the incident, according to the Cumberland County Sheriff's Office. The couple told deputies that the woman left after she made her offer, but a few minutes later they heard a knock at the door of their North Raymond Road house. When they rose, they found Hatch, who seemed angry and intoxicated, already in their home and refusing to leave, the sheriff's office said. Hatch was demanding to see another woman who had been saying bad things about her, the sheriff's office said. The residents did know the other woman and knew she didn't live there. The homeowner grabbed his shotgun and told the woman to leave. She refused, and the man grabbed her and pushed her out the front door while his partner called police. Deputies found Hatch face down in the grass near a tree attempting to hide, the sheriff's office said. She was arrested on the misdemeanor charge of criminal mischief. Hatch told deputies she had knocked on the door and was met with a shotgun in the face, the sheriff's office said. While there is a good degree of humor to be gleaned from this article, the lesson here is that alcohol and drugs, taken in excess, generally lead to bad things...... --- ### Attorney William T. Bly selected by Super Lawyers as a New England Rising Star - Published: 2014-07-28 - Modified: 2025-05-12 - URL: https://www.notguiltyattorneys.com/attorney-william-t-bly-selected-by-super-lawyers-as-a-new-england-rising-star/ - Categories: Criminal Defense For the fourth year in a row, Attorney William T. Bly has been selected by Super Lawyers magazine as a Rising Star in New England for DUI/DWI/OUI defense. Attorney Bly specializes in drunk driving defense and this award is another testament to his expertise and dedication to this highly specialized and difficult area of practice. Attorney Bly handles drunk driving cases in all jurisdictions throughout the entire state of Maine, inclu. --- ### Portland Maine Attorney Gary Prohlman Pleads Guilty to Money Laundering - Published: 2014-04-30 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/portland-maine-attorney-gary-prohlman-pleads-guilty-to-money-laundering/ - Categories: Criminal Defense It's a sad thing to see a local attorney who I've always had a great deal of respect for go down the rabbit hole like Gary has. It looks like Gary was a sucker for the siren song of money. Easy... fast... cold, hard cash. The government can't trace cash, right? WRONG. The Feds always find out when you're avoiding taxes and laundering money. Such is the sad case of Attorney Gary Prohlman. Attorney Prohlman entered into a "business relationship" with an unsavory character by the name of David Jones. Unfortunately for Mr. Prohlman, David Jones was under investigation for trafficking in marijuana. A LOT of marijuana. Gary thought Mr. Jones had a music and clothing business and offered Mr. Jones a piece of his sports agency business as well as a buy in for the building he wanted to purchase in Saco. This type of activity constituted money laundering because the proceeds of drug trafficking were being shoved back into legitimate business interests. This behavior led to Gary running afoul of the law. According to court documents, Attorney Prohlman's drug dealing client would have his minions drop off backpacks filled with cash to Gary's office. Apparently, Gary thought the cash constituted proceeds from a legitimate business. Gary was wrong and should have known better. Legitimate business men don't have their minions drop off backpacks filled with cash. They make wire transfers. They write checks. They don't show up with a sack of 20s. Gary really shot himself in the... --- ### How Cell Phones Can Cause Mistrials in Maine - Published: 2014-01-23 - Modified: 2025-05-08 - URL: https://www.notguiltyattorneys.com/how-cell-phones-can-cause-mistrials-in-maine/ - Categories: Criminal Defense The Seattle Times is reporting a growing problem in criminal courts. As more people become accustomed to using the Internet, courts are finding that jurors are using cell phones and the internet to educate themselves about the cases they are involved with. This is a big concern in Maine as well because juries are supposed to only be exposed to the information presented in court. Jurors have always been told to avoid discussing cases with family and other jury members as well as to avoid watching television news and reading the paper in order to keep their opinions objective. Beyond that, courts have not been overly concerned about jury members learning more about the cases outside of court. Now, with the Internet making so much information available to people, jury members are, sometimes unwittingly, educating themselves about cases, the defendant and the law. While this might seem like a good thing, courts do not necessarily want jurors to be overly educated on legal matters. The purpose of this in so that the jury can decide whether or not the situation presented to them fits the description of the crime. When juries are aware of what the penalties are for crimes, they may be more likely to convict based on what penalties they think the defendant should face rather than what actual offense was committed. The article focuses on one story in particular where a jury member admitted to researching the penalties for the crimes involved in the case. After five... --- ### Suspects in Casco Robberies Arrested - Published: 2014-01-15 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/suspects-in-casco-robberies-arrested/ - Categories: Robbery, Theft Two people in Maine have been arrested for some very serious charges. Earlier this week, 20 year old Dylan McPhee and 19 year old Olivia Pope were arrested in Massachusetts for crimes they allegedly committed in Maine. The arrest began when a state trooper spotted their vehicle and noticed that it matched the description of a vehicle broadcast by the Cumberland County sheriff's department. The suspects were wanted for a pair of violent home invasion incidents that occurred earlier in the day 180 miles away. The officer stopped the vehicle and realized that the drivers were the suspects that Cumberland Police were looking for. The pair was arrested and taken into custody. Pope and McPhee, along with a third accomplice with who was arrested earlier in the day, allegedly used guns to violently break in to two homes in Casco, Maine. These break ins began with Pope knocking on the door saying she was in distress and begging the homeowners for help. When they responded, the other two accomplices forced their way into the home with guns drawn. Police say the first home invasion was interrupted when a neighbor heard loud noises and, concerned, called the police. Their second attempt when better, however. The trio forced their way into the home and tied up the two residents present. Police also report that the suspects then hit the residents with their guns causing one resident to require hospitalization. After that, they robbed them and left the premises. Pope and McPhee are... --- ### How Pot Legalization in Colorado May Affect Maine - Published: 2014-01-03 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/how-pot-legalization-in-colorado-may-affect-maine/ - Categories: Drug Crimes Marijuana sale in Colorado became legal on January 1, 2014. In response to this, several media outlets report that there were long lines outside of new marijuana dispensaries On New Year's Day as many people came out to show their support for the new law and obtain legal marijuana. CNN reports that this is a landmark event because Colorado is the first state to legalize recreational marijuana use and purchase. Under this law anyone can purchase up to 1 ounce of marijuana for personal recreational use. In 2012, Colorado citizens voted in favor of legalizing marijuana use and setting up legal marijuana dispensaries. Colorado was the first state to legalize the drug as well as set up shop running under government regulations. The state already allowed medical marijuana sales but this new law makes it legal for anyone to purchase the drug without having to qualify. According to the CNN article: Colorado becomes the first place in the world where marijuana will be regulated from seed to sale. Pot is the third most popular recreational drug in America, after alcohol and tobacco, according to the marijuana reform group NORML. There are some limits to the laws, however. For example, communities can decide individually whether or not they want to allow marijuana retail shops. CNN states that there are about 30 stores throughout the state of Colorado that began selling recreational marijuana. Of those, 18 are located in Denver. Also, the drug can only be consumed on private property with the... --- ### Some in Maine Fear New Prescription Drug Will Bring New Abuse Problems - Published: 2013-12-27 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/some-in-maine-fear-new-prescription-drug-will-bring-new-abuse-problems/ - Categories: Drug Crimes Prescription drug abuse is a big problem in Maine. A 2008 report said that Maine was on the top of the list of states with prescription drug abuse problems. One drug that is commonly abused is OxyContin. It was introduced in 1995 and is a powerful opiate that brought relief to chronic pain sufferers because one pill is able to release medication over a 12 hour period. Unfortunately, one of the reasons why OxyContin is so effective at treating pain is also a reason that it could be easily abused. Now the Food and Drug Administration (FDA) is working to approve another medication which could be just as addictive if not more addictive than OxyContin. Some critics in Maine are questioning the FDA's decision to do this and looking at how it will affect prescription drug abuse in the state. In an opinion piece in the Morning Sentinel, the author talks about a new drug called Zohydro that the FDA is supposed to approve. The FDA advisory board as well as a group of 28 attorneys general have voiced their opinions on why this may be a bad idea. The article states that this group of attorneys general: sent a letter to FDA officials asking them to reconsider the approval and force the makers of Zohydro to at least incorporate abuse-deterrent features in the drug. The makers of the drug, Zogenix, are working on a deterrent, but it's unclear whether it will be ready when the drug becomes available, and... --- ### Victim Impact at Sentencing - Published: 2013-12-18 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/victim-impact-at-sentencing/ - Categories: Criminal Defense When you've been convicted in Maine of a crime where a victim was involved, that victim has a right to speak at your sentencing hearing. Oftentimes, victims don't testify as the impact of the crime was so emotionally damaging that they can't bear to come into court. However, when the victim makes the effort to make a statement, you can bet the judge is going to listen. Oftentimes, victim impact statements are emotionally charged when one of three types of crimes were committed: 1. Murder or manslaughter 2. Gross Sexual Assault (rape) 3. White collar crimes such as embezzlement Occasionally, a victim statement will have such an impact on the judge that he/she will refuse to accept the agreed to plea bargain. The judge can consider the victim's input when fashioning a sentence and in particularly emotionally charged cases, can come down heavy against the defendant. As the judge has a large degree of independence and latitude in sentencing, it is often necessary to bring mitigating factors to the judge's attention. These factors include but are not limited to the client's home life; obstacles that stood in the way of emotional and intellectual development; substance abuse issues that explain to some degree, the client's behavior; psychological issues; and finally, support from family, friends and members of the community. When the prosecutor and/or the victim is explaining what a monster the client is, it's important to paint a different picture for the judge and show him/her that the person pending sentencing... --- ### Heroin Use in Maine a Growing Problem Among Young People - Published: 2013-11-14 - Modified: 2025-05-10 - URL: https://www.notguiltyattorneys.com/heroin-use-in-maine-a-growing-problem-among-young-people/ - Categories: Drug Crimes The Portland Press Herald is reporting a growing trend in Maine – heroin use. A recent article explains how heroin is taking over and what it means for the future of drug enforcement. In the past 5 years, heroin use in the United States has increased by 79% and is now at its highest levels of abuse since the 70s. One of the reasons the article gives for the increase in heroin abuse is its price. Heroin can be purchased for a relatively cheap price, especially when compared to that of prescription drugs. Whereas prescription drugs like Vicodin and oxycodone cost five or six dollars per pill, a bag of heroin costs about $10 on average. Police believe that many young people begin their addiction with prescription drugs but in time move on to heroin because it is cheaper as more and more of the drug is needed to feed their daily habit. For example, one young person interviewed by the paper said she: needed nine or 10 Vicodin to get high – a $50 a day habit at $5 or $6 a pill. “For the amount I needed, I didn't have money like that to spend,” she said. Two or three $10 baggies of heroin were enough for a day. The trend of heroin use is also receiving attention, because of the demographics that are being drawn to it. The new heroin users are young people in their late teens and early twenties from white suburban families. Where is... --- ### Newborns Affected by Prescription Drug Abuse is an “Epidemic” in Maine - Published: 2013-11-13 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/newborns-affected-by-prescription-drug-abuse-is-an-epidemic-in-maine/ - Categories: Drug Crimes In his latest attempt to draw attention and support to the prescription drug abuse problem in Maine, Governor Paul LePage said in his radio address Wednesday that babies born drug-affected is an epidemic in the State. According to the Governor, so far about 770 drug-affected or dependent babies have been born in Maine this year alone. He estimates that by years end over 800 drug-affected babies will be born. That's roughly 1 in 12 babies in Maine. This is a sad statistic especially when you consider the fact that this number has almost quadrupled since 2005. One of the most common drugs that is affecting newborns in Maine is prescription drugs. Babies born affected by or in withdrawal from prescription drugs are a problem throughout the country, with Maine being one of the worst states affected. According to a recent article, the number of newborns born affected by opiates or painkillers has tripled in the United States from 2000 to 2009. This condition is so common that now has a name Neonatal Abstinence Syndrome or NAS. NAS is bad for everyone. It's dangerous to the babies who are born with it and to the taxpayers who often have to end up bearing the brunt of the expenses for the newborns' treatment. This is not the first time Governor LePage has made statements on the severity of the prescription drug abuse problem in the State. Maine is now looking to other states to see how they are handling their abuse problems.... --- ### Maine Murderer Seeks New Trial Based on DNA Evidence - Published: 2013-11-09 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/post-119-maine-murderer-seeks-new-trial-based-on-dna-evidence/ - Categories: Murder/Manslaughter Bangor Daily News recently published a story about Dennis Dechaine, a Bowdoinham man who has been serving a life sentence in the Maine State Prison for the murder of a 12 year old girl in 1988. He, along with several supporters in the outside, insist that he is innocent and have been working for years to get him a new trial. In 2006, a law was passed that may give Dechaine the chance he has been waiting for. he Legislature enacted a law regarding new DNA evidence that requires defendants to prove that the evidence could only have come from the perpetrator of the crime. If he is able to use DNA evidence that was not available during his original case, he may be able to show there is enough information to warrant a new trial. But his efforts do not end there; Dechaine and his legal team even have an alternate suspect who they believe may have been the one responsible for the murder. The suspect now lives in Florida and was never mentioned in the original case, but Dechaine's team insist that this other man was the number 2 suspect from the beginning. Dechaine even went as far as hiring a private investigator to obtain a sample of the man's DNA by removing a coffee cup from his personal trash. Dechaine gave his testimony in Cumberland County Superior Court on Thursday that lasted two hours. If the Court feels that there is enough new evidence, he could be... --- ### Portland Passes Law to Decriminalize Marijuana - Published: 2013-11-08 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/portland-passes-law-to-decriminalize-marijuana/ - Categories: Drug Crimes One Tuesday, citizens in Portland voted in favor of decriminalizing the possession of small quantities of marijuana for personal use. This is a big development because Portland is now the only city on the East Coast to have a law like this. Proponents of the law are hoping that this will set an example for the rest of the State to follow. As it is, Maine is already very progressive when it comes to marijuana use. In 1999, medical marijuana was legalized and possession of small amount of the drug is only a civil offense throughout the state meaning violators will only get a ticket and a fine. The Bangor Daily News reports the decriminalization law in Portland will go into effect in 30 days and will make it no longer a crime to possess 2. 5 ounces of the drug for personal use. Marijuana use in public is still illegal as is selling it without a license and possessing large quantities. Still, many feel that this is a big step. Local police, however, are saying that this law will not affect how they approach drug crimes in the City. The fact is that marijuana is still illegal under federal and state laws and police say those laws take precedence. Portland Police Chief Michael Sauschuck had this to say about the new law's passing: “This doesn't change anything for us in terms of enforcement,” He went on to say that this small scale marijuana use was never a high priority... --- ### Police Cite Drug Abuse as the Cause of Much Violent Crime in Maine - Published: 2013-11-07 - Modified: 2025-05-21 - URL: https://www.notguiltyattorneys.com/police-cite-drug-abuse-as-the-cause-of-much-violent-crime-in-maine/ - Categories: Drug Crimes According to data provided by the Maine Department of Safety, violent crime in Maine has decreased from 2011 to 2012 by about . 8%. While this is not a large decrease, it shows an optimistic pattern for the future. Statistics for four violent crimes were examined: rape, aggravated assault, robbery and murder. Between 2011 and 2012 reports for all crimes decreased by as much as 5. 9% expect for one. Reports of robbery in 2012 not only failed to decrease, they actually rose. A small increase might not be something noteworthy, but this was not the case. Robbery in Maine reported a 13. 8% increase from 2011 to 2012. This large increase is cause for alarm. How is it that all other violent crime has decreased while one area has risen so sharply? The Governor and the Maine Drug Enforcement Agency (MDEA) believe it has a lot to do with drugs. In a recent interview with the Portland Daily Sun, Maine DEA Commander Scott Pelletier talked about how drug crimes affect the violent crime rate: "I think the biggest battle for us is violent crime," Pelletier said, noting violence "is on the rise locally," in the form of incidents such as bank robberies and pharmacy robberies. "These types of violent crimes are directly related to drug abuse and distribution," Pelletier said. Pelletier went on to say that in addition to the robberies, there were also 5 drug related homicides in 2012 in the State. He also spoke of several instances... --- ### Maine Police Report an Increase in Heroin Abuse - Published: 2013-11-06 - Modified: 2025-05-14 - URL: https://www.notguiltyattorneys.com/maine-police-report-an-increase-in-heroin-abuse/ - Categories: Drug Crimes Governor Paul LePage and Public Safety Commissioner John Morris met with police chiefs and other officials in Westbrook to discuss the growing heroin problem in Maine. In the past, prescription drugs have been the number one drug of choice for abusers in the State. Lately, however, the Governor is saying that heroin is beginning to take over as the most commonly abused drug. The Maine Drug Enforcement Agency (MDEA) had increased their efforts to stop prescription drug abuse and is just begging to see progress as hospitalization for prescription drug abuse numbers go down. MDEA Director Roy McKinney said efforts at stopping prescription drug diversion – including by doctors – have reduced the availability of drugs such as oxycodone, driving up their prices. Heroin, meanwhile, is as cheap as it has been in years. A 30 milligram OxyContin tablet used to cost $30 and now can go for $55, he said. This talk comes on the heels of an announcement that Congress is planning on reducing federal funding for the MDEA. This leads some people to become skeptical of how new the heroin problem in Maine really is. Police were not able to provide any statistics that would support this other than mentioning an increase in heroin found during drug busts and a report of increased hospitalization of heroin abusers in the last year. Governor LePage also recently spoke out about the need for more MDEA funding to fight the prescription drug abuse problem. It seems more attention is trying... --- ### Big win for the Maine Criminal Defense Bar in recent Law Court case - Published: 2013-11-01 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/big-win-for-the-maine-criminal-defense-bar-in-recent-law-court-case/ - Categories: Criminal Defense A teenager's hospital confession to texting while driving, which was thought to be the cause of a deadly crash that killed her two teenaged passengers in 2012. The teen pled not guilty to two counts of manslaughter in December of last year while her attorney busily prepared for a hearing to suppress the evidence of an illegally obtained confession. The trial court Justice, Justice Robert Clifford, found that the teen was in custody and entitled to Miranda warnings based on the following fact pattern: She had been in a terrible accident; She was frostbitten and in pain; She was sedated and immobilized; The investigating trooper told her that two of her passengers were dead and that she was likely the driver. Based on these facts, Justice Clifford ruled that her admissions to texting and driving were inadmissible. Since this wasn't the case of a drunken driver, the State placed all their chips on the theory that she was driving while distracted and as such, was such a great departure from the normative behavior of the typical driver, that her actions rose to the level of recklessness, a key component of a manslaughter charge. Today, the Maine Law Court affirmed the lower court's decision and ruled that the evidence of Kristina Lowe's confession will remain inadmissible. According to the Law Court, the confession was illegally obtained because Ms. Lowe reasonably believed that she was in police custody when she was questioned by the Maine State Police at the hospital. Since there... --- ### Maine Woman Arrested for Shoplifting After Concealing Merchandise - Published: 2013-10-31 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/maine-woman-arrested-for-shoplifting-after-concealing-merchandise/ - Categories: Shoplifting A woman in Bangor was arrested for shoplifting even though she did not take any merchandise out of the store. 27 year old Nicholle Worcester was shopping in a local store when she was approached by security. They told her that she was seen hiding items in her purse. Her reaction was to pull the merchandise out of her bag and then run out of the store. Some people might think that this does not qualify as shoplifting because she never took the items out of the store. But according to Bangor police Sgt. Paul Edwards: Even though the clothing never left the store, “once you conceal it — it's over” and theft charges can be filed, the sergeant said. Worcester was arrested for theft and violating probation. She has previously been charged with theft by unauthorized taking or transfer, assault, and two DUI offenses. Perhaps this is why police are not letting her get away with this alleged crime. This case is an interesting one because it will require both sides to argue about the definition of theft. According to Maine criminal code section §353, theft by unauthorized taking or transfer is defined as: 1. A person is guilty of theft if: A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime; The prosecution can argue that, by placing the items in her purse, she was exercising... --- ### Governor Calls For More Funding to Fight Drug Abuse in Maine - Published: 2013-10-30 - Modified: 2025-05-19 - URL: https://www.notguiltyattorneys.com/governor-calls-for-more-funding-to-fight-drug-abuse-in-maine/ - Categories: Drug Crimes Maine Governor Paul LePage, along with Department of Public Safety Commissioner John Morris announced last Friday that more funding is needed to fight the drug abuse problem in the State. He blamed a high percentage of crime on drug abuse problems. The Portland Police Department estimated that roughly 20 percent of all of arrests in their city are related in one way or another to drug abuse. Governor LePage also stated that drug abuse was ruining families. For example, he explained that in the last fiscal year 835 babies were born addicted to drugs. The Governor blames the decreasing amount of federal funds, which is down from $3 million to $1 million, for the rise in drug abuse. Morris criticized the Legislature for cutting $350,000 of MDEA funding out of LePage's 2014-2015 budget proposal, which the governor had proposed in an effort to fill the gap created by federal revenue streams that have dwindled thanks to sequestration. There is no word yet on what kind of funding the Maine Drug Enforcement Agency will receive. Many people are upset about the Governor's statement. Not because drug enforcement is a bad thing, but Gov LePage has long been connected to private for-profit prisons. People who are severely addicted to drugs need therapy and counseling, not to be locked up and given a criminal record. Some people feel that LePage's agenda for drug enforcement is to make more drug arrests in order to populate private prisons. The best methods for dealing with a... --- ### An Arrest Has Finally Been Made in Lincoln, Maine Burglary Ring - Published: 2013-10-29 - Modified: 2025-05-13 - URL: https://www.notguiltyattorneys.com/an-arrest-has-finally-been-made-in-lincoln-maine-burglary-ring/ - Categories: Burglary, Theft There have recently been a number of burglaries in Lincoln, ME. In fact, since July there have been about 35 break ins at local businesses in Katahdin and the Lincoln Lakes region and police are slow making arrests. The latest crime, as the Bangor Daily News reports, involved a break in at a pool hall where the suspects tried to get an ATM machine open in order to steal the cash inside. Though they were not successful, they still caused a lot of property damage. While this news is concerning, police say that they are collecting a lot of finger prints and DNA evidence but have not made much progress. One reason they give for not catching these thieves faster is that they are bogged down with other crimes like child welfare and domestic violence and those cases are a greater threat to life. In cases like this where police are desperate to make an arrest. This may be the case for Steve Springer, the man who police arrested after stopping him in the parking lot of a business that was just broken into. Whether Springer is responsible for all of the break ins is yet to be seen, but police are treating him as though he is. In high profile cases like this, police are pressured to find the suspects. As long as the break ins stop, law enforcement might be happy to charged Springer for all of the burglaries. When he was arrested police say that he had... --- ### Mental Health Patient in Maine Facing Criminal Assault Charges - Published: 2013-10-28 - Modified: 2025-05-15 - URL: https://www.notguiltyattorneys.com/mental-health-patient-in-maine-facing-criminal-assault-charges/ - Categories: Criminal Defense When an assault occurs, police look to bring criminal charges on someone regardless of the situation. While this does not seem surprising, there are a lot of other reasons why a person might strike another. For example, a recent case that took place in a psychiatric center in Augusta. One of the metal health workers was struck multiple times by a patient named Mark P. Murphy for no apparent reason. The woman was hit multiple times and was stabbed in the hand with a pen during the attack. The patient was eventually restrained by other staff members. Now, the state is trying to argue that the attack was out of anger in retaliation for another employee cancelling an upcoming trip. Mr. Murphy was in a mental health facility but is now being held at the Maine State Prison in Warren. To argue anything other than insanity was the reason for his attack seems a bit odd. “This is a case about criminal responsibility,” said Murphy's attorney, Charles T. Ferris, in his opening statement. He said Murphy is not criminally responsible for the attack because he had been growing increasingly paranoid in the weeks before the attack. It seems like a much better idea for everyone involved if, instead of locking him in prison, Murphy is given the treatment he needs for his mental condition. Sending him to prison could cause him to become more violent and lead him to hurt more people. This case is a prime example of how... --- ### Maine Man May Avoid Jail Time For 1,000+ Crimes - Published: 2013-10-25 - Modified: 2025-05-17 - URL: https://www.notguiltyattorneys.com/maine-man-may-avoid-jail-time-for-1000-crimes/ - Categories: Criminal Defense Augusta, Maine is receiving national attention for man who has been arrested for committing multiple burglaries and thefts. Known as the North Pond Hermit, Christopher T. Knight has been living alone in the woods North and East and Little North ponds for the past 27 years. He is believed to have committed up to 1,000 theft crimes in order to acquire the food and other necessities that he needed to live by taking items from campsites and a local summer camp. But instead of prosecuting him like a regular criminal, he is being encouraged to plead guilty to the charges so that he can enter a special court program. The program would allow him to avoid a jail sentence and work on treating him for alcohol abuse while he is given a chance to live and work in the community. Police discovered that alcohol was one of the items that Mr. Knight took, although it does not appear that he obviously has a drinking problem. While treating people who are struggling with addiction is important, that does not appear to be the case here. In his living area, Mr. Knight was also found to have: propane tanks, sleeping bags, books, batteries, coolers, food, jewelry, a wallet, camping gear, medical supplies and alcohol. Police also say he exercised restraint in his choice of alcohol, choosing some brands of beer but passing over others. When you compare his results to others, it does seem that he may be receiving special treatment; perhaps... --- ### Additional Policies Suggested to Decrease Maine Prescription Drug Abuse - Published: 2013-10-22 - Modified: 2025-05-16 - URL: https://www.notguiltyattorneys.com/additional-polices-suggested-to-decrease-maine-prescription-drug-abuse/ - Categories: Drug Crimes On October 7th, The Trust for America's House released a report that outlines 10 steps that states can take to limit prescription drug abuse. Prescription drug abuse is a big problem in the State of Maine. Between 1990 and 2010, the number of prescription drug related overdose deaths increased from 2. 2 deaths per 100,000 people to 10. 4 deaths per 100,000 people. Currently Maine has only enacted 5 of the 10 principles. They include the following: Prescription drug monitoring to prevent people from visiting multiple doctors in order to obtain many prescriptions for the same drug. Requiring doctors to perform a physical examination in order to look for signs of substance abuse before writing prescriptions. Doctor shopping laws that make it illegal to get prescription drugs from multiple doctors or pharmacies. Requiring pharmacists to ask for photo ID before dispensing painkillers. Requiring Medicaid patients who are suspected of prescription drug abuse to use a single doctor and pharmacist to obtain their medications. The five suggested policies that Maine is being encouraged to adapt include: Mandating that all doctors participate in the drug monitoring program. Expanding substance abuse treatment for Medicaid and other underprivileged people. Requiring more in-depth training for doctors on pain and pain management in hopes that they will find alternatives to prescribing pain killers. Enacting Good Samaritan laws that encourage other drug users to report witnessing an overdose without fear of consequences for their own drug abuse. Support for drugs that can help a person who is... --- ### Do "Victims" Ever Lie in Maine Domestic Violence Cases? - Published: 2013-10-21 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/do-victims-ever-lie-in-maine-domestic-violence-cases/ - Categories: Domestic Violence So... do "victims" lie to the police in domestic violence assault charges? Hell yes! ! ! Do "victims" lie to the district attorney's office when being interviewed about the crime? Yes! Do "victims" lie to the jury and judge when questioned by the DA about what happened? YES! Do "victims" lie to the judge and jury when the defense attorney questions them about what happened? Yes, hell yes they do! ! ! ! Why do the police always side with the "victim" of domestic violence in Maine? If you're a man and you've been charged with the crime of Domestic Violence Assault or Domestic Violence Criminal Threatening here in Maine, you're probably wondering why a victim who lies is always believed by the police. The answer is simple. The cops and the DA tend to believe the first person to call and identifies themselves as a "victim". Here in Maine, the police and the DA's Office want to keep things simple. They want to put everyone in their place and that means attaching labels to each person. They want to have labels for the victim, the defendant and the witnesses. It keeps things simple that way. And if the believability of the "victim" begins to deteriorate, that's OK. Because they are the "victim" and nobody can keep their memories straight about these things. However, if the big bad defendant gets confused about his story, that's because he's lying. At least that's how the police and the DA's Office looks at... --- ### What is a "Confrontation Clause" in Maine? - Published: 2013-10-16 - Modified: 2025-05-20 - URL: https://www.notguiltyattorneys.com/what-the-hell-is-a-confrontation-clause/ - Categories: Criminal Defense Melendez-Diaz v. Massachusetts... Does the government have to produce a live person or will a piece of paper do? Melendez-Diaz stands for the proposition that admission of hearsay statements in the form of a lab analysis violates a defendant's Sixth Amendment right to confront the witness against him and question that witness. This is important because in Melendez-Diaz, the state prosecutor attempted to admit a certificate of drug analysis to prove that the cocaine seized from Mr. Melendez Diaz during an arrest was in fact cocaine. The prosecutor had no intention of calling the chemist as a witness even though he was the person who analyzed the cocaine. Mr. Melendez-Diaz successfully argued that Crawford v. Washington, which stood for the proposition that the Confrontation Clause prohibits the use of hearsay statements in court in lieu of testimony (aside from some very narrow exceptions), applied in the case at hand. The crux of the argument being that the certificate of analysis is a hearsay document and is inadmissible without live testimony that would provide foundation for its admission into evidence. Ultimately, the US Supreme Court agreed with Mr. Melendez-Diaz and overturned his conviction, remanding it back to the state court for further proceedings, consistent with its opinion. A Bully good job SCOTUS (Supreme Court of The United States)! ! ! ! Even better, when the case was remanded to the state court in Suffolk, Massachusetts, a jury acquitted Mr. Melendez-Diaz of the cocaine charge. Bully good job jurors! ! ! !... --- ### Motion to Suppress Evidence Hearings in Maine > Learn how motions to suppress work in Maine criminal cases and what happens if evidence is ruled admissible. Protect your rights. - Published: 2013-03-27 - Modified: 2025-05-22 - URL: https://www.notguiltyattorneys.com/typical-motion-suppress-evidence-hearing/ - Categories: Criminal Defense What Is a Motion to Suppress in Maine Criminal Cases? A motion to suppress is a powerful legal tool used in Maine criminal defense cases to challenge the admissibility of evidence that may have been obtained unlawfully. Commonly filed before trial, this motion argues that evidence—such as statements made to police, results of field sobriety tests, or seized physical evidence—should be excluded if it was gathered in violation of your constitutional rights. In OUI and drug-related cases, suppression hearings often focus on whether law enforcement had reasonable suspicion or probable cause to conduct a stop, search, or arrest. If the judge grants the motion, the prosecution may lose a critical piece of its case, which could lead to a dismissal or significantly improved plea deal. Legal Standards for Suppression in Maine Under Maine law, police must meet specific legal thresholds during an investigation: Reasonable Suspicion: This is required for an initial stop or detention. It's a low threshold but must be based on specific, articulable facts suggesting criminal activity. Probable Cause: A higher standard, needed to justify an arrest or a search without a warrant. Consent or a Valid Warrant: For searches of vehicles, homes, or personal belongings, consent or a lawfully issued warrant is typically required. In a motion to suppress hearing, your attorney will present arguments and cross-examine witnesses—often the arresting officers—to determine whether these legal standards were met. If the court finds the officer overstepped constitutional bounds, the evidence can be thrown out. What Happens If You... --- ### Charges Dropped in OUI Case Due to Violation of Constitutional Rights - Published: 2013-02-07 - Modified: 2025-05-11 - URL: https://www.notguiltyattorneys.com/charges-dropped-oui-case-due-violation-constitutional-rights/ - Categories: OUI / DUI / DWI In a recent case, a client came to the Law Office of William T. Bly after being charged with OUI for the second time. OUI stands for operating under the influence and details of this offense are found in the Maine Revised Statues §2411 (2011). If someone is found to be operating any type of motor vehicle with blood alcohol levels of 0. 08% or above or while impaired by alcohol, they could be convicted of this offense. The charges and penalties will differ depending on whether they have been convicted of two or more OUI offenses in the past ten years. In this case, our client had been convicted of operating while intoxicated within the past ten years and could have been facing extremely harsh penalties. He could have been sentenced to 7 to 364 days in jail and was at risk of losing his driver's license for 3 years. He could have also been subject to a fine ranging from $700 to $2,000. When he came to us for help, it looked to some as though his case was hopeless. After examining the details of his case, however, we discovered that there were some issues with the prosecution's case. The client was stopped in his town while riding his 80cc dirt bike. A law enforcement officer stopped him because there were not any marked trails within 500 yards of where he was riding his bike. From there, he asked our client to perform a field sobriety test. He... --- ### What Happens When the Jury Says "GUILTY"? - Published: 2012-11-27 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/jury-guilty/ - Categories: Criminal Defense This is an extremely important question and one which causes a lot of trepidation amongst my clients who elect to go to trial. One of the advantages of a negotiated outcome is that you take the "unknown wildcard" out of the equation. The wildcard is the judge and the unknown is the sentence he or she will impose based upon a guilty verdict returned by the jury. If you go to trial and the jury returns a guilty verdict, the judge is free to impose any lawful sentence. That means for a 1st offense OUI, you can be looking at anything from a simple fine and license suspension, all the way up to 364 days jail. While the chances of being incarcerated for such a lengthy time are slim to none, the possibility of jail is real and a frightening one at that. For example, if you have a BrAC of . 15% or greater and the jury finds you are guilty on the aggravated OUI charge, you will be going to jail. The question is for how long. The answer isn't an easy one. Each judge has their own nuances and tendencies and it's important that your attorney be familiar with those sentencing tendencies so the client can make an informed decision on whether to elect a jury trial or enter into a plea negotiation. I've been on the receiving end of a guilty verdict when defending a client and to put it frankly, it's no fun. It's no... --- ### Solicitation of a Prostitute in Kennbunk - Published: 2012-10-21 - Modified: 2025-05-18 - URL: https://www.notguiltyattorneys.com/solicitation-prostitute-kennbunk/ - Categories: Sex Crimes The talk of the town recently concerns the 120+ "johns" and the alleged prostitute who reportedly made over $150,000 during an 18 month for her services. The scandal has rocked the community and the first repercussions are already shaking out. The "johns" have been exposed and as a result, some have already resigned from jobs while others undoubtedly are experiencing a great deal of personal turmoil. No doubt that the families caught up in the scandal will suffer a great deal of humiliation and grief as a result of the charges that came to light. Of course, this case is far from over as the Kennebunk PD plans on releasing names over the course of the next few months as additional "johns" are served with criminal summonses. As the public is aware, there are numerous alleged videos depicting sexual acts between the alleged prostitute and the "johns" as well as meticulously detailed notes taken by the Defendant. Therefore, it begs the question: "what, if any, defense is available to the "johns" in this case"? Well, there are a number of major evidentiary issues that will make admissibility of a great deal of this evidence difficult if not impossible. What will be difficult to overcome is the media frenzy over this case and the HUGE amount of information and misinformation available to the public. A BIG unanswered question is whether any of the "johns" can get a fair trial in York County or in southern Maine in general. These are issues... --- ### Luke Bryant Manslaughter Conviction - Published: 2012-08-12 - Modified: 2025-05-09 - URL: https://www.notguiltyattorneys.com/luke-bryant-manslaughter-conviction/ - Categories: Murder/Manslaughter A young Knox County man was convicted of manslaughter in the shooting death of his best friends. The State argued that Mr. Bryant's actions constituted reckless conduct and were a gross departure from normal behavior. Mr. Bryant contended that the shooting was an accident and that it happened while he was attempting to unload a firearm when it discharged, killing his best friend. While this case is tragic, it serves to illustrate the legal distinction between crimes of intent and crimes of recklessness. These are states of mind and the State bears the burden of proving the charge beyond a reasonable doubt. The difference between murder and manslaughter in Maine is the state of mind of the defendant. When it person intends to cause the death of another human being, that action constitutes murder. However, when a person dies as the result of accidental conduct by another and that conduct is considered reckless, the crime is manslaughter. While murder is punishable by up to life imprisonment, manslaughter is punishable by no more than 30 years imprisonment. Why is manslaughter considered to be "less serious" than murder? It's because the state of mind of the defendant wasn't intentional. It was reckless, and recklessness is defined as a conscientious disregard for the consequences of one's actions. Oftentimes, we see manslaughter charges arising from drunk driving charges involving death or where someone is accidentally shot and killed during a hunting incident. It is much more rare to see a manslaughter charge stem from... --- ### Don't Talk With The Police - Published: 2011-03-24 - Modified: 2025-05-07 - URL: https://www.notguiltyattorneys.com/talk-police/ - Categories: Criminal Defense The number one rule when dealing with the police is DON'T TALK TO THE POLICE! See, it's a really simple rule that is easy to remember. From the time we were children, we were conditioned to listen to, respect, and respond to law enforcement officers. When a law enforcement officer wants to speak with you as a suspect in a crime, they do not have your best interest in mind. They're not trying to clear your name. They're not trying to help you. The entire purpose of the contact is to build an airtight case against you. The only people that have your best interest in mind, outside of you and your family is your lawyer. NEVER waive Miranda. ALWAYS remain silent. You have a right against making self-incriminating statements. When the police officer asks you if you're willing to waive your Miranda Rights, the worst thing you can do is agree to the waiver. Most people think they're gonna help their case by being cooperative and speaking with the police, nothing can be further from the truth. The only thing you have to do is peacefully submit to an arrest and that it is. You are NOT required to answer questions. If you're being investigated for an OUI/DUI/DWI, peacefully submit to the arrest. Do not resist. Do not perform any field sobriety tests. Do not answer any questions. Just hand the officer your license, let him make an arrest based upon little to no inculpatory information and submit to... --- --- ## Cases ### USA v. CJ - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/usa-v-cj/ - Cases Categories: Child Pornography Charges: Multiple federal felony counts of Possession of Child Pornography Results: Client pled guilty to a single felony count in return for 30 months of prison time, the lowest amount by far for this kind of crime up to this point in the Maine Federal District A client with no criminal history, grappling with depression and alcohol abuse, found himself ensnared in a federal child pornography case after inadvertently venturing into the dark web. Upon discovery by Homeland Security and the FBI, facing a potential 14-year sentence, we advocated for a downward departure. The judge concurred, permitting the client to undergo the federal RDAP program, reducing the sentence by an additional 6 months. Based on our arguments and recommendations, the client served time in a minimum-security federal facility. This outcome reflected the importance of mitigation efforts in navigating a challenging legal situation. --- ### State v. SDW - Published: 2024-02-22 - Modified: 2024-02-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-sdw/ Charges: 5 Counts of Felony Tax Evasion, 5 Counts of Failure to File Taxes, 5 Counts of Failure to Pay taxes Results: All Felonies and 5 of the most serious misdemeanor counts DISMISSED Facing (5) tax evasion charges as well as other criminal tax charges, a medical professional risked losing their license and Medicare eligibility, crucial for their nursing home patient clientele. Over two years of negotiations, our defense team persuaded the government to dismiss all but a few minor misdemeanor counts. This strategic outcome not only preserved the client's medical license without disciplinary actions but also maintained their ability to accept Medicare payments. The reduction in charges spared the client from serious jail time and allowed them to continue their medical practice without the devastating consequences of a felony conviction. --- ### State v. JN - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-jn/ - Cases Categories: Drug Crimes, Drug Trafficking Charges: 5 Counts of Class “A” Felony Aggravated Drug Trafficking, 1 Count of Class “B” Felony Drug Trafficking Results: All charges DISMISSED In a complex drug case, our client faced serious charges after law enforcement mistakenly searched his residence due to a warrant mix-up. The first court-appointed attorney advised a 15-year plea deal. Our team took on the case, realizing the detective's significant error in identifying the correct search location. Our detailed investigation included on-site analysis, GPS photos, and criminal history searches. A meticulously prepared Motion to Suppress exposed the warrant's flaws. The District Attorney, recognizing the weakened case, offered a dismissal in exchange for a plea to a lesser charge. The client, having spent months in jail, accepted the offer and walked free. This case underscores the importance of thorough preparation and determination in securing favorable outcomes. --- ### Secretary of State v. PP - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/secretary-of-state-v-pp/ - Cases Categories: Ignition Interlock Device Violation, OUI, DUI, and DWI Charges: Ignition Interlock Device Violation and Suspension Results: Suspension Rescinded following BMV Hearing P. P. , under a 3 year IID program after an OUI conviction, was alleged to have committed over two dozen violations involving his IID. The defense team meticulously gathered evidence, analyzing maintenance logs, interviewing witnesses, and arguing the case. Successfully explaining all but two violations as machine errors, the Hearings Examiner granted the client's petition for reinstatement. With nearly 20 months left in the IID program, this victory spared the client from severe restrictions on travel, preventing potential business closures. This success is notable, possibly marking the first successful IID violation defense in southern Maine. --- ### State v. JF - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-jf/ - Cases Categories: Domestic Violence Charges: DV Assault, Criminal Threatening with a Deadly Weapon, Reckless Conduct with a Firearm Results: NOT GUILTY on all Felony Charges, Guilty of Misdemeanor DV Assault A former US Special Forces member faced a tumultuous legal battle after a confrontation with his fiance turned violent. Accused of multiple felonies involving a firearm and domestic violence misdemeanors, the client faced a challenging situation. The defense team strategically gathered evidence, including plot surveys and extensive photographs, to challenge witness perceptions and create doubt. Despite an attractive plea offer, the client chose to go to trial, banking on a self-defense theory. After a 3-day trial and over 2 days of deliberation, the jury returned NOT GUILTY verdicts on all charges except one misdemeanor. Although it appeared to be a compromise verdict, the client found satisfaction in being acquitted of the most severe charges. --- ### State v. CR - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-cr/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charges: OUI Refusal Results: NOT GUILTY following Jury Trial A late-night traffic stop led to OUI charges for our client, who was seen leaving a bar. Despite the court upholding the stop, we focused on the deputy's actions during the BMV hearing. Under cross-examination, the deputy admitted the client performed well on field sobriety tests but cited HGN and other test clues for probable cause. The refusal claim was debunked, as the client had requested a blood test. The BMV granted dismissal, deeming it not a true refusal. At trial, we emphasized fairness and innocence, highlighting the client's willingness for a blood test. The jury, deliberating briefly, returned a swift NOT GUILTY verdict. --- ### State v. RD - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-rd/ - Cases Categories: OUI, DUI, and DWI Charges: OUI . 11% Results: Motion to Suppress Granted and Case DISMISSED Client, facing OUI charges, revealed significant medical issues during a traffic stop. Despite being blind in one eye, recovering from double-knee surgery, having an inner ear disorder, and being on medications, the officer insisted on field sobriety tests. In a BMV hearing, we exposed the officer's failure to exercise discretion in administering physical roadside tests. The BMV examiner granted a motion to dismiss for lack of probable cause. Subsequently, a Motion to Suppress was successful, and the judge promptly granted it, leading to the immediate dismissal of the OUI charge. The officer's inflexible stance on testing proved crucial in dismantling the case. --- ### State v. JR - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-jr/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charges: OUI with Blood Test Results: NOT GUILTY at Jury Trial Our client faced OUI charges after being wrongly stopped for alleged high beam use. Despite a legitimate basis for the stop, we contested the case at every phase. In the BMV hearing, positive observations about sobriety and the officer's admission of improperly administered HGN test led to rescinding the suspension. The DA refused negotiation, relying on a questionable . 16% BAC result. During the trial, cross-examination revealed unreliable testing methods and errors in blood samples. The jury, swayed by lack of scientific rigor and officer's observations of sobriety, returned a NOT GUILTY verdict, highlighting the case's flawed evidence and methodology. --- ### State v. CH - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-ch/ - Cases Categories: Gross Sexual Assault, Unlawful Sexual Contact Charges: Gross Sexual Assault, Unlawful Sexual Contact, Unlawful Sexual Touching Results: HUNG JURY at trial and FULL DISMISSAL of Surviving Counts after trial Facing severe charges of sexual assault, my client encountered false accusations from a family member dating back to his juvenile years. We took over the case shortly before trial, conducting a thorough investigation that included home photographs and interviews with witnesses. During the trial, critical mistakes in the prosecution's presentation, such as the accuser's motive for financial gain and failure to establish elements of the most serious charges, were exposed. A strategic motion for Judgment of Acquittal succeeded in a dismissal of the most severe charges. Despite a hung jury on remaining counts, the court dismissed four of the six original charges, leaving the client exonerated on all but the least serious charges. Ultimately, the relentless defense efforts resulted in a full dismissal of ALL six charges, preserving the client's innocence and future. --- ### State v. JT - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-jt/ - Cases Categories: Gross Sexual Assault, Sex Crimes Charges: Gross Sexual Assault Results: NOT GUILTY at Trial A hopeful connection turned into a nightmare for our client, accused of sexual assault. The alleged victim's conflicting accounts and a flawed investigation led to a 5-year legal ordeal. The accuser's credibility crumbled under cross-examination, revealing a history of inconsistency. The jury, after a 4-day trial, delivered a NOT GUILTY verdict. The impact of these false accusations was profound—my client lost his job, became homeless, and endured personal tragedy. The toll on his life, irreversibly changed, emphasizes the devastating consequences of false accusations. While grateful for the verdict, the cost of those lost years and personal losses remains immeasurable. --- ### State v. EG - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-eg/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charges: OUI Refusal Results: NOT GUILTY at Trial Our out-of-state client faced OUI charges in Maine after a long workday with minimal sleep. He drank three beers, attributing any appearance of intoxication to exhaustion rather than alcohol. Case went to trial on the theory that what the officer observed and mistook for intoxication was actually exhaustion. The client’s credible testimony about his exhausting day resonated with the jury. The officer in this case was experienced but wilted under a lengthy cross-examination that focused on poorly administered and scored field sobriety tests as well as issues that he failed to notate in his report that pointed towards actual innocence and sobriety. The jury delivered a verdict of NOT GUILTY. --- ### State v. BA - Published: 2024-02-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-ba/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charges: OUI Refusal Results: NOT GUILTY at Trial In this OUI case, our client faced both a BMV hearing and a trial. We challenged the arresting officer's lack of knowledge regarding key facts of the case during the BMV hearing, resulting in the rescinding of a 275-day suspension. Building on this success, we took the same theory to trial, emphasizing the officer's poor administration of field sobriety tests to the NHTSA standard. A key component for the not guilty verdict was the initial work and cross examination of the officer done at the previous BMV hearing. The jury delivered a NOT GUILTY verdict, highlighting the importance of employing thorough defense strategies at different stages of the legal process. --- ### State v. P.P. - Published: 2023-03-09 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-p/ - Cases Categories: Ignition Interlock Device Violation Nathaniel H. HItchcock Case Results: State v. P. P. Charges: Ignition Interlock Device Violation Maximum Penalty: NA Summary: P. P. was on the IID program for a period of 3 years following a conviction for OUI. During his time on the IID program, he was alleged to have committed more than 2 dozen violations involving his IID, including removing the device from the vehicle, failing to blow in the allotted time, numerous alcohol failure lockouts, and having another person blow into the device. Attorney Hitchcock pulled all of the maintenance logs on the machine, spoke with representatives from the IID company, interviewed his client as well as additional witnesses, and argued his case to the Hearings Examiner. Results: After receiving the evidence, which included Attorney Hitchcock being able to explain all but 2 violations as being machine error, the Hearings Examiner granted the client’s petition for reinstatement. The client, who had nearly 20 months left for his IID program would have been forced to close his businesses due to the inability to travel freely, so this was a huge victory for the client, and as far as we can tell, it might be the first successful IID violation defense in southern Maine. --- ### State v. D.H. - Published: 2023-03-09 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-h/ - Cases Categories: Gross Sexual Assault Tom Richard Case Results: State v. J. G. Charges:1 Count of Gross Sexual Assault Maximum Penalty: Up to 30 years in prison and a fine of up to $50,000. 00 Summary: D. H. was questioned extensively after a minor leveled a rape charge against him. D. H. was interrogated for hours at the local police station, where he was strip searched, his clothing was confiscated, and he was put in a tiny room with a view to a holding cell. Results: In spite of the police reading him Miranda, the judge found that any statements made were also involuntary, which means that none of those statements would be heard by a jury under any circumstances. Attorney Nathan Hitchcock was the lead attorney on that matter, and put countless hours in research and preparation for that critical hearing. --- ### State v. J.T. - Published: 2023-03-09 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-t-3/ - Cases Categories: Gross Sexual Assault, Rape William T Bly Case Results: State v. J. T. Charges: Gross Sexual Assault (NOT GUILTY after trial) Maximum Penalty: up to 30 years in prison and a fine of up to $50,000. 00 Summary: J. T. was accused of Gross Sexual Assault (rape) with an element of force or coercion. J. T. met a young lady online and a conversation was struck up. Over the course of the next few months, the two of them appeared to enter into a relationship. As they grew closer, they decided to meet, and ultimately went to J. T. ’s house to watch TV. The young lady initiated sexual contact with J. T. , who reciprocated. Ultimately, she “flipped the switch” on J. T. , calling the police and accusing him of rape. J. T. ’s life was turned upside down and over the course of the next 5 years, he lost everything except his dignity and freedom. From day one, J. T. insisted he never forced himself on the young lady and that she was lying. After 5 long years, this case went to trial with Attorney William T. Bly as the lead trial attorney. Numerous witnesses for the prosecution and defense testified over the course of 3 days. Over the course of nearly a day, the young lady testified and was subject to a withering cross-examination by Attorney Bly. Results: In the end, the jury found the young lady lacked credibility and acquitted J. T. of the charges. While victory is certainly... --- ### State v. J.G. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-g-tom/ - Cases Categories: OUI, DUI, and DWI Tom Richard Case Results: State v. J. G. Charges: OUI Refusal (Second Lifetime) Charge: OUI Refusal Maximum Penalty: 364 days in jail; 14-month loss of license (including 275-day BMV suspension); $2,000 fine Mandatory Minimum Penalty: 4 days in jail; 150-day loss of license; $600 fine Summary: Our client was stopped by an officer late one night in downtown Portland after giving the officer the middle finger at an intersection. The officer angrily approached our client’s vehicle, and while our client was reaching for his registration, as requested by the officer, the office reached into our client’s vehicle, removed the keys from the ignition, and ordered our client out of the vehicle, telling him he was under arrest for operating under the influence. This arrest was made after just 30 seconds of the officer interacting with our client. The officer cited slurred speech, glassy eyes, and the odor of intoxicants as his reasons for arresting our client. Our client was taken to the police station, where he refused a breath test after being read the implied consent form. Results: Because he was charged with a refusal, our client lost his right to operate almost immediately, and he had to await a hearing at the Bureau of Motor Vehicles regarding the alleged refusal to get it back. At the Bureau of Motor Vehicles hearing, we had to convince the hearings examiner that the officer did not have probable cause to believe our client was under the influence of intoxicants when he made... --- ### State v. J.N. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-n-tom/ - Cases Categories: OUI, DUI, and DWI Tom Richard Case Results: State v. J. N. Charges: 5 Counts of Class A Aggravated Trafficking in Scheduled Drugs; 1 Count of Class B Unlawful Trafficking of Scheduled Drugs Maximum Penalty: For Class A Charges: 30 years in prison; $50,000 fine; 4 years of probation per count For Class B Charge: 10 years in prison; $20,000 fine; 3 years probation Mandatory Minimum Penalty: For the Class A Charges: 4 years in prison per count For All Counts: Mandatory $400 fine Summary: Our client was alleged to be the subject of an investigation spanning more than a year, involving multiple law enforcement agencies, including the Maine Drug Enforcement Agency. Based on information obtained from multiple informants and cooperating witnesses, the lead detective obtained a search warrant for a specific mobile home within a trailer park. The warrant authorized the police to search one of the mobile homes for evidence of drug trafficking. When the police entered that mobile home, they realized they had the wrong mobile home. Without correcting the warrant with a judge, they then entered the next mobile home, which was not authorized by the warrant. Our client was present. They seized a large quantity of drugs, two firearms, and cash. As soon as we took on the case, we sent a private investigator to the mobile home park to photograph the park’s layout, as this was very important for showing the magnitude of the detective’s mistake in identifying the location to be searched. We then began the painstaking... --- ### State v. A.M. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-m-tom/ - Cases Categories: OUI, DUI, and DWI Tom Richard Case Results: State v. A. M. Charge: OUI Refusal Maximum Penalty: 364 days in jail; 14-month loss of license (including 275-day BMV suspension); $2,000 fine Mandatory Minimum Penalty: 4 days in jail; 150-day loss of license; $600 fine Summary: A store clerk reported that our client appeared intoxicated at a convenience store in after midnight. Based only on that report, a police officer stopped our client’s vehicle. Claiming her speech was slurred (it wasn’t) and that she had glassy eyes, he subjected her to field sobriety tests. On video, our client did not appear intoxicated, but the officer claimed he saw 6/6 “clues” on the Horizontal Gaze Nystagmus Test, and claimed that she performed poorly on the Walk-and-Turn Test. At the police station, our client ultimately decided not to take a breath test. We submitted a request to reopen the Bureau of Motor Vehicles administrative decision suspending the client’s license for a refusal to submit to a chemical test after video evidence revealed that the police officer provided the client with false and misleading information about the consequences of a refusal, including telling her she had the right to refuse a chemical test. The BMV Hearings Examiner, after reviewing our written argument and watching the video evidence, overturned the decision to suspend the client’s right to operate for 275 days for a refusal. We used this same video evidence to convince the district attorney not to move forward with a refusal in the criminal charge. This eliminated the... --- ### State v. C.S. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-s-mikayla/ - Cases Categories: Criminal Speed Charge, Driving to endanger Mikayla Martin Case Results: State v. C. S. Client was charged with Driving to Endanger after she blew through a stop sign at a high rate of speed, crashing into an elderly couple. Through skillful negotiations, which included the review of the client’s driving and criminal history, as well as the police reports, the State ultimately agreed to place C. S. on a deferred disposition for one year, after which, the charge would be dismissed. --- ### State v. A.K. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-k-mikayla/ - Cases Categories: Drug Crimes, Drug Distribution, Drug Trafficking, Federal Charges Mikayla Martin Case Results: State v. A. K. A. K. had five open dockets for aggravated drug trafficking charges, one of which was a federal charge, and all of which he was facing mandatory minimum sentences of no less than 4 years in state prison. To complicate matters, A. K. was out on bail from a different state for a drug trafficking charge when he committed the drug charges here in Maine. If the other state learned that he’d committed these new crimes while out on bail, the repercussions would have added another decade onto his out-of-state charges. Attorney Richard and I drafted a Motion to Suppress evidence and a Motion for Discovery Sanctions that resulted in the client’s federal case being dismissed, and enabled Attorney Bly to negotiate a global resolution where A. K. pled guilty to only two counts of aggravated trafficking in scheduled drugs, one count of unlawful possession of scheduled drugs, three counts of violation of condition of release, and criminal forfeiture for an agreed upon sentence of twelve years, all but five and a half years suspended, with four months credit for time served, and four years of probation, plus the mandatory minimum fines. Furthermore, it was agreed that once A. K. was sentenced in his out of state case, the Maine sentence would run concurrent with that sentence. We were able to keep the prosecutor’s office in the dark in both states about the competing criminal charges, which ensured that his overall liability remained... --- ### State v. R.P. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-p-mikayla/ - Cases Categories: Criminal Mischief, Malicious Mischief Mikayla Martin Case Results: State v. R. P. We received a call from a sergeant from the local police department notifying us that R. P. tried to buy a firearm and that he is a felon, so he was going to be charged with Aggravated Forgery. R. P. said that he had no idea he was a felon. After contacting the State Bureau of Investigation to investigate what Richard’s underlying felony charge was. Mikayla learned that R. P. had pled by information to a Malicious Mischief charge in 1975 for two years of probation. Malicious Mischief is a charge that no longer existed when this information was added to SBI’s online database in 2003, so SBI mistakenly marked this as a felony conviction. Mikayla had SBI correct this to a misdemeanor conviction in their system and, as a result, the sergeant informed us that he was no longer pursuing criminal charges against R. P. --- ### State v. S.K. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-k-mikayla/ - Cases Categories: OUI, DUI, and DWI Mikayla Martin Case Results: State v. S. K. S. K. was charged with operating under the influence – refusal, after causing two unreported accidents. By arguing that Sawson was unable to provide a breath sample because she was pregnant, had recently recovered from COVID, and had inhaled discharge particles from her airbags that deployed in the accident, Mikayla was able to win her administrative hearing with the Bureau of Motor Vehicles. Mikayla was also able to negotiate a plea to Driving to Endanger, for the mandatory minimum fine and license suspension, to run concurrent with the time she served under administrative suspension awaiting her hearing. --- ### State v. E.A. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-a-mikayla/ - Cases Categories: Assault, OUI, DUI, and DWI, Sex Crimes Mikayla Martin Case Results: State v. E. A. E. A. had three open dockets. He was charged with theft of services, disorderly contact, four counts of assault, unlawful sexual contact, and unlawful sexual touching. By pointing out weaknesses in the State’s case, Mikayla was able to negotiate a global resolution where he would plead guilty to two counts of assault for a sentence of 180 days, all but 10 days suspended as it relates to confinement, with one-year of administrative release with the condition that he is not to have any contact with the alleged victim, and the mandatory minimum fine of $300. 00, plus surcharges and assessments. The State agreed to file his theft of services charge with restitution paid up front. --- ### State v. J.H. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-h-nathan/ - Cases Categories: Burglary Nathan Hitchcock Case Results: State v. J. H. The client was charged with multiple counts of burglary, accused of breaking into businesses. When he was arrested, law enforcement found more than $50,000. 00 dollars in cash on him and seized it all. After the case resolved, law enforcement held onto the money, accusing him of stealing all that money without any actual proof of said theft. At a hearing, the judge denied the client their money, and Attorney Hitchcock promptly appealed the decision. Conclusion After further research and investigation, Attorney Hitchcock convinced the Court that the State must prove the money was not his in order to deny him his money, and the State admittedly could not prove whose money it was, despite having over a year to investigate. The Court ruled in client’s favor and released the roughly $50,000. 00. This result was only made possible due to Attorney Hitchcock’s skilled advocacy and relentless pursuit of justice for his client. --- ### State v. R.H. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-h-nathan/ - Cases Categories: Criminal Mischief, Driving to endanger, OUI, DUI, and DWI Nathan Hitchcock Case Results: State v. R. H. R. H. was charged with operating under the influence with a breath level of . 17, Driving to Endanger, Criminal Mischief and Leaving the Scene of an Accident as they were accused of driving erratically while striking cars and other objects in their path. The client faced up to 364 days in jail with a mandatory minimum of 2 days of jail, a $2,000. 00 fine, and several consecutive license suspensions. Through detailed conversations with his client, Attorney Hitchcock learned of several medical issues impacting his client that would make her impairment unforeseeable until it was too late. Conclusion Through rigorous advocacy, Attorney Hitchcock negotiated an outcome where the case would be deferred for a year and a half, and as long as his client followed the rules of the deferred disposition, three of the four charges would be dismissed, and his client would only face a conviction for Driving to Endanger, which included a fine and 30-day license suspension. --- ### State v. R.M. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-m-nathan/ - Cases Categories: Criminal Speed Charge, OUI, DUI, and DWI, Resisting Arrest Nathan Hitchcock Case Results: State v. R. M. Client was accused of instigating a felony high speed chase with police and successfully escaping, only to be caught a few minutes later on a different road. Client was also accused of resisting arrest and operating under the influence of alcohol, as well as refusing to submit to the breath test, which was another serious aggravator in his case. They were facing a felony sentence of up to 5 years in prison with a four-day jail sentence as a minimum for refusing to take a breath test, a $5,000. 00 fine, 2 years of probation, and a 14-month minimum license suspension for all three offenses. Additionally, if convicted, the client would be forever classified as a felon. Through meticulous review and persistent requests for discovery, Attorney Hitchcock noticed that the police not only violated his client’s right of due process, but lied about it in their reports, only discovering the lie by reviewing video evidence. Rather than admitting to the falsehood, law enforcement doubled down on the lie and tried to create a whole new series of events not previously disclosed. Conclusion Due to his persistence for his client, he got the district attorney’s office to agree to dismiss the felony completely as well as resisting arrest, and the client pled guilty to operating under the influence for no jail. Attorney Hitchcock also won the hearing at the Bureau of Motor Vehicles, saving him from an additional 275 days of license suspension. --- ### State v. S.L.D. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-l-d/ - Cases Categories: Domestic Violence Nathan Hitchcock Case Results: State v. S. L. D. Client was accused of striking their partner in the mouth during a mutual argument while traveling away from home, and was arrested for domestic violence assault. The client faced up to 364 days in jail, a $2,000. 00 fine, and two years of probation, in addition to a lifetime firearms ban if convicted. Through quick action, advice, and advocacy from Attorney Hitchcock, the State agreed to draft an agreement to dismiss the case after a year of counseling, which his client entered into just one month after the incident date. Conclusion As a result of his skilled handling of the case, Attorney Hitchcock was able to reunite the family without unnecessary delay and provide closure for his client that saved them from severe criminal consequences. --- ### State v. B.W. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-w/ - Cases Categories: Criminal Speed Charge, Endangering the Welfare of a Child Nathan Hitchcock Case Results: State v. B. W. The client was accused of driving over 100 miles per hour in a 55mph zone while having his two young children in the car. As a result of the speed and circumstances, he was charged with criminal speeding and endangering the welfare of a child. If convicted, he could face up to 364 days in jail, a $2,000. 00 fine, and a year of probation. He was also facing the risk of deportation if convicted of endangering the welfare of a child, as he was not a US citizen. Conclusion Through skilled advocacy, Attorney Hitchcock got the Endangering the Welfare of a Child charge dismissed by agreement, and avoided a jail sentence on the criminal speed charge for his client that was all but guaranteed due to his high-speed driving antics. Attorney Hitchcock’s actions saved the client from deportation and jail in an almost impossible set of circumstances. --- ### State v. A.W. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-w-mark/ - Cases Categories: Gross Sexual Assault, OUI, DUI, and DWI, Sex Crimes Mark Singer Case Results: State v. A. W. AW was being investigating for having sex with a family member while that person was passed out due to either drug or alcohol intoxication. A. W. called The Maine Criminal Defense Group immediately after receiving a call from law enforcement. Attorney Mark Singer began a pre-indictment investigation and learned that the “victim” was likely intoxicated and had been hitting on this distant “cousin” all night. We further surmised after interviewing the client that the “victim” was likely embarrassed and ashamed that he/she had sexual intercourse with our client that night, the knowledge of which, if it was made public, would result in the “victim” being ostracized from the family, which provided a motive for the “victim” to lie about what happened that night. We provided a defense for our client, which included a general narrative of what happened that night, and gave the narrative to the investigating detective. Conclusion We also spoke frequently with the prosecutor’s office, advocating for our client, and reminding them how embarrassing it would be for the “victim” to testify at trial, and that our client planned on testifying that the “victim” hit on him and initiated the sexual contact. Ultimately, Attorney Singer was prepared to turn the tables on the “victim” and the government, which resulted in no charges being filed against our client. --- ### State v. R.R. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-r/ - Cases Categories: Assault, Domestic Violence, Gross Sexual Assault, Sex Crimes Mark Singer Case Results: State v. R. R. RR was charged with a single count of Gross Sexual Assault, class A (punishable by up to 30 years in prison); four counts of Unlawful Sexual Contact, class B (punishable by up to 10 years in prison on each count); and a single count of Domestic Violence Assault, class D (punishable by up to 364 days in the county jail). The allegation is that our client sexually assaulted his girlfriend’s very young daughter, who was 8 years old. The client denied this charge from the very beginning and vowed to fight the charges to the very end. During our investigation, we learned that the little girl’s mother made a statement to law enforcement that her daughter had a habit of lying and couldn’t distinguish fantasy from reality. That statement wasn’t provided in discovery and as such, we were able to use it to our advantage in our trial preparations. Conclusion This case took nearly 18 months to fully resolve with each side preparing for jury trial. However, on the day of jury selection, the state moved to dismiss the complaint and all 6 counts with prejudice due to difficulty procuring a key witness in the case. Had Attorney Singer not prepared for trial so thoroughly, and challenged the state’s evidence at every turn, it is unlikely that the case would have been dismissed as many “defense” attorneys would have just tried to plead their client guilty instead of fighting so hard for... --- ### State v. C.H. - Published: 2022-11-22 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-h/ - Cases Categories: Assault, Gross Sexual Assault, Sex Crimes Mark Singer Case Results: State v. C. H. C. H. was charged with 2 counts of Gross Sexual Assault class A (punishable by up to 30 years in prison per count); 2 counts of Unlawful Sexual Contact class B (punishable by up to 10 years in prison per count); and 2 counts of Unlawful Sexual Contact class C (punishable by up to 5 years in prison per count). This was an old case and a late report by an adult who alleged our client, a distant relative, had sexually assaulted him while he was a child. This case was initially handled by another law firm before the client fired that firm and hired The Maine Criminal Defense Group. Over the course of the next 15 months, we litigated every issue, including whether or not our client should have been charged as a juvenile and if so, would the statute of limitations have run in the case. Attorney Singer was the lead attorney in this matter with Attorney Bly providing trial strategy and specific witness guidance. All issues were thoroughly litigated, including filing motions to suppress evidence and motions in limine to limit the admissibility or use of certain evidence. During Attorney Singer’s cross-examination of the “victim”, he got the “victim” to admit that he was seeking avenues to sue our client for money damages, which played directly into our opening statement where we told the jury that the “victim” had ample motive to lie about what really happened. Following the... --- ### STATE v. J.L. > Prior to officers giving their testimony at the hearing, DA offered client a Deferred Disposition with the end result being a dismissal of the OUI & Violation of License Restriction charges in return for a guilty plea to Driving to Endanger. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-l-4/ - Cases Categories: OUI, DUI, and DWI, Violating Conditions Charge: 2nd Offense OUI (4th lifetime) & Violation of a License Restriction Mandatory Minimum Penalty: 7 days jail and 3 year loss of license on the OUI; 1 year loss of license on the Violation of License Restriction Maximum Penalty: 364 days jail and $2,000. 00 fine on the OUI; 180 days jail and $1,000. 00 fine on the Violation of License Restriction Summary: Client was reported by an anonymous tipster to be driving drunk. Local cops followed client to his home, followed him up the driveway and approached him as he was getting out of his truck. Cops smelled booze and arrested him for OUI and Violation of License Restrictions. Client contested all charges and went as far as to begin a full-on motion to suppress hearing. Initial offer on the case was for 364 days jail with all but 30 days jail suspended, followed by 1 year of probation. Result: Prior to officers giving their testimony at the hearing, DA offered client a Deferred Disposition with the end result being a dismissal of the OUI & Violation of License Restriction charges in return for a guilty plea to Driving to Endanger. --- ### State v. V.M. > NOT GUILTY following a jury trial. Attorney Hitchcock argued that the term "residing" was nebulous and unenforceable. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-v-m/ - Cases Categories: Sex Crimes, Violating Conditions Charge: Violation of Conditions of Release Maximum Penalty: 6 months jail; $1,000. 00 fine Summary: Client who was on probation for a sex offense had bail conditions in place that prevented his child from "residing" with him. Local police did a bail check on the client and discovered a crib, baby clothes and diapers at his home and charged him with violating conditions of his bail. Client denied that the child resided with him but admitted the child occasionally slept at his home when necessary. Result: NOT GUILTY following a jury trial. Attorney Hitchcock argued that the term "residing" was nebulous and unenforceable. Convinced the jury that the State was overreaching and that he should not have been charged. Jury agreed with a quick NOT GUILTY verdict. --- ### State v. C.R. > Client appeared to be intoxicated and a bag of "empties" was visible in the bed of client's truck. Found not guilty at trial. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r-7/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charge: OUI Refusal Maximum Penalty: 364 days jail; 14 month loss of license (includes 275 day BMV suspension) & $2,000. 00 fine Mandatory Minimum Penalty: 4 days jail; 5 month loss of license; $600. 00 fine Summary: Client was driving drunk and spotted by the local sheriff's department. Client appeared to be intoxicated and a bag of "empties" was visible in the bed of client's truck. We'd represented client previously for an OUI and gotten that charge dismissed. Due to client's profession, a loss of license would result in the loss of client's job. No acceptable offers were made by the DA so we took the case to jury trial. During the course of the trial, the deputy admitted that client repeatedly requested a blood test. The deputy also admitted that there was a "line of people" waiting to take a breath test and that it would have ultimately been quicker to give client a blood test rather than wait around for the breath test. Deputy had conducted a fairly shoddy investigation, which we exposed through cross-examination. Result: Not Guilty at trial! --- ### State v. C.V. > A conviction or BMV suspension of client's license would result in the loss of job and inability to provide for client's child. Deferred Disposition with a Driving to Endanger charge at the end. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-v-2/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charge: 2nd Offense OUI (. 14% BrAC) Maximum Penalty: 364 days jail; $2,000. 00 fine; 3 year loss of license Mandatory Minimum Penalty: 7 days jail; $700. 00 fine; 3 year loss of license Summary: Client was a single parent with a new job. A conviction or BMV suspension of client's license would result in the loss of job and inability to provide for client's child. While going out to the corner store, client missed a turn and drove the car into a ditch. Unable to get the car out of the ditch, client called AAA for help. By the time AAA arrived, so did the local police. Client performed poorly on field sobriety tests and ultimately was arrested for a 2nd Offense OUI. Client blew a . 14% BrAC. During case preparation, we discovered problems with the administration of the breath test. We developed our theory of the case through cross examination of the officer at the BMV hearing. The hearing's examiner dismissed the case due to the breath testing issues. As a result, the DA agreed to a deferred disposition on the 2nd Offense OUI where the end result would be a dismissal of the OUI and a plea of guilty to Driving to Endanger for the mandatory minimum penalties. Result: Deferred Disposition with a Driving to Endanger charge at the end. --- ### State v. A.G. > OUI Refusal and felony Reckless Conduct with a Deadly Weapon dismissed. Case resulted in no suspension through the BMV. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-g-4/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI, Traffic Charges Charges: OUI Refusal (Class D), Reckless Conduct with a Deadly Weapon (Class C felony) Maximum Penalty: 5 years (felony) + 364 days jail on the OUI; $7,000. 00 fine; 14 month loss of license (includes 275 day suspension with the BMV) Mandatory Minimum Penalty: 4 days jail; $600. 00 fine; 5 month loss of license Summary: Client initially met with The Maine Criminal Defense Group LAW but decided to retain a different law firm. According to the client, communication between client and the firm was poor and there were some "broken promises" that concerned client. Client asked us to take on the case and we accepted. Client was charged with driving drunk and reckless conduct with a deadly weapon. Client was alleged to have been driving south in the northbound lane of Rt. 95. This was a case that could have easily ended in tragedy. Fortunately, that was not the case. We came up with a plan of action that included extensive counseling and substance abuse testing, extensive community service, documentation of client's nursing licenses and the impact on client's career, documentation of client's neurological issues that were a contributing factor to the driving behavior. Based on our presentation of the client's case, the DA agreed to dismiss the most serious of charges, thus saving client's nursing license and career. Result: OUI Refusal and felony Reckless Conduct with a Deadly Weapon dismissed. Client pled guilty to Driving to Endanger for a fine of $575. 00 and a 30 day suspension... --- ### STATE v. J.N. > Arresting officer did not follow proper protocols to ensure that the gasoline fumes dissipated from the room resulting in the DA dismissig the OUI charge. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-n/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 11%) Summary: Client had been vacationing in Maine on his / her motorcycle. Client stopped at a local bar for a beer and a bite to eat. Client went to leave the establishment on his / her motorcycle and "dropped" the bike. While trying to get the motorcycle back up, the client was splashed with fuel, which was leaking from the tank. By the time the police arrived, the client was covered in gasoline and smelled like a gas pump. Officers suspected the client was under the influence of alcohol and asked him / her to perform field sobriety tests. Client failed the tests miserably and was arrested for OUI. Client tested a . 11% BrAC back at the station. Maximum Penalty: 364 days jail; $2,000. 00 fine; 7 month loss of license Result: Because the client's clothing was saturated in gasoline, the Intoxilyzer 8000 kept registering errors. The arresting officer did not follow proper protocols to ensure that the gasoline fumes dissipated from the room and as a result, I was able to convince the DA to dismiss the OUI charge. My client pled guilty to Driving to Endanger for a fine of $575. 00 and a 30 day loss of license. Because my client was from Texas and Texas doesn't recognize Maine's DTE statute, my client's TX DL was never suspended by Texas. Client worked for the Texas State Penitentiary system and a conviction would have been catastrophic for his / her career. --- ### STATE v. H.W. > Client would lose his / her job if convicted of the OUI but William Bly successfully negotiated a DTE out of this case. Learn More. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-h-w/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Summary: Client, who was from Texas, was in town for a business meeting. Client had a few too many drinks at the local bar and attempted to drive back to his / her hotel. Client was heavily intoxicated and it was obvious upon review of the cruiser video. Client was arrested for drunk driving, admitted to being too drunk to drive and ultimately, refused to take a breath test. Mandatory Minimum Penalty: 4 days jail; $600. 00 fine; 14 month loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 16 month loss of license Result: Client would lose his / her job if convicted of the OUI. This case was a "loser" right out of the gate and there was zero chance of winning this case on the merits. So instead, I successfully negotiated a DTE out of this case. I provided the DA with a letter from my client's employer who specifically stated that the client would be terminated if convicted of the OUI as his / her license was a necessary part of performing his / her job. Client agreed to enroll in the Alternative Sentencing Program in lieu of jail and received a $1,000. 00 fine and a 30 day loss of license, which had no effect on him / her because TX doesn't have a DTE statute. Client was elated! --- ### STATE v. F.F. > The officer never medically qualified our client for SFSTs or the breath test. As a result, our client was unable to properly perform the field sobriety tests. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-f-f/ - Cases Categories: OUI, DUI, and DWI Charge: 1st offense OUI with a . 16% BrAC test Summary: Client, a master electrician, was driving and trying to use his / her phone. Client was unable to due both safely and was driving in an erratic fashion. A "concerned citizen" called 911 to report a possible drunk driver. Client pulled into a local McDonalds to grab a bite to eat when he / she was confronted by law enforcement. Client was put through a series of field sobriety tests and arrested for OUI. Client blew a . 16% at the police station and was charged with OUI. Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 7 month loss of license Summary: My client had a significant disability as one leg was shorter than the other. Client was also a diabetic. The officer never medically qualified my client for SFSTs or the breath test and as a result, the client was unable to properly perform the field sobriety tests to the satisfaction of the officer. We brought these issues to the attention of the DA who agreed to dismiss the OUI in return for a plea of guilty to DTE, which included a fine of $575. 00 and a license suspension of 30 days. We had the Court order the BMV to run the 30 day DTE suspension concurrently with the previously imposed BMV suspension for the administrative OUI. --- ### STATE v. E.Dp. > The State agreed to file the case for 6 months with a dismissal at the end and a filing fee of $100.00. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-dp/ - Cases Categories: Traffic Charges Charge: Passing a Stopped School Bus Summary: Client was charged with Passing a Stopped School Bus. Client had no previous criminal history and had no traffic offenses during the 10 years prior to this new charge. Passing a Stopped School Bus is a misdemeanor crime in the state of Maine. Maximum Penalty: 6 months jail; $1,000. 00 fine Result: Client was at his / her son's school waiting to pick the child up. There were school buses stopped in the parking lot with their lights flashing. A car behind him / her was honking its horn and startled my client who pulled forward, past the school buses. A local police officer observed my client pass the school buses in the parking lot and summonsed him / her for the offense. The State agreed to file the case for 6 months with a dismissal at the end and a filing fee of $100. 00. --- ### STATE v. E.C. > Due to the serious nature of the charge, our client agreed to a plea deal involving 30 days in jail and one year of probation on a conviction for a misdemeanor criminal threatening. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-c/ - Cases Categories: Criminal Defense Charges: Criminal Threatening with a Deadly Weapon (class C felony); Reckless Conduct with a Deadly Weapon (class C felony) Summary: Client, a convicted felon and a registered marijuana user/grower, was robbed. The client had no faith in the police and decided to take matters into his / her own hands. The client confronted the suspected group of robbers, all except one who was under the age of 18 and threatened to murder all of them and their families if they came near his / her property again. The client "allegedly" was holding a semi-automatic pistol when he/she threatened to murder them. The client was arrested after a long and drawn-out confrontation with the police and charged with a felony reckless conduct with a firearm and felony criminal threatening with a dangerous weapon. Maximum Penalty: Each count was punishable by 5 years prison, 2 years probation; $5,000. 00 fine Result: The local police botched the investigation. The confrontation with the young kids took place at night and no one gave a description of the "semi-automatic pistol" until 5 months after my client was arrested. There was no doubt that the state could prove a misdemeanor charge of criminal threatening but we strongly believed the case would fall apart at trial. Ultimately, due to the serious nature of the charge, my client agreed to a plea deal involving 30 days in jail and one year of probation on a conviction for a misdemeanor criminal threatening. This ensured that my client's out-of-state parole... --- ### STATE v. D.R. > Successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving to Endanger for a 30 day loss of license and $575.00 fine. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-r-2/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charge: OUI (. 16%) Summary: Client had driven all the way to Maine from Pennsylvania with little to no sleep and was physically exhausted. Client stopped at a rest area in southern Maine where the client cracked open to Bud Lite beers in order to hydrate while he / she had a quick bite to eat. On the way to client's ultimate destination, a "concerned citizen" called 911 and reported that the client was driving in an erratic. The "concerned citizen" followed my client to his / her hotel and gave local law enforcement a complete description of my client's car. The police showed up shortly thereafter and began an OUI investigation that resulted in my client being arrested for OUI. Client was brought back to the PD for a breath test where he / she registered a . 17% BrAC result. Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 7 month loss of license Result: Prior to the dispositional conference we'd been asking for discovery that was missing from the file. We never received the missing discovery, which included the 911 tapes. I successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving to Endanger for a 30 day loss of license and $575. 00 fine. Pennsylvania doesn't have a DTE statute so the client's PA DL was never suspended. --- ### STATE v. C.C. > DA agreed to file the case for $300.00 and 6 months. Assuming the client stayed out of trouble, the case would be dismissed after 6 months. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-c-4/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charge: OUI Summary: Client was observed squealing his / her wheels as they skidded through a stop sign. Officer began to follow the client and observed the client run over a curb as they tried to negotiate a right hand turn. The officer stopped the client and ultimately, began an investigation for OUI. Client performed marginally well on the physical portions of the sobriety tests and the officer incorrectly administered the Horizontal Gaze Nystagmus (HGN) test. My client was arrested for OUI and blew a . 07% BrAC. In Maine, you can still be charged with an OUI even if you're under the legal limit as Maine law makes it illegal to drive while impaired to any degree by alcohol. Maximum Penalty: 364 days jail; $2,000. 00 fine; 7 month loss of license Result: Client was a member of the US armed forces. A conviction would likely have cost the client his / her career as the client had nearly 18 years of meritorious service and was close to retirement. My client was pushing me hard for a DTE but I wanted a full dismissal. Ultimately, the DA relented and agreed to file the case for $300. 00 and 6 months. Assuming the client stayed out of trouble, the case would be dismissed after 6 months. My client still maintained their innocence and never pled guilty, therefore, allowing him / her to maintain his / her dignity, keeping his / her service record and career intact. --- ### STATE v. B.M. > The Maine DA agreed to dismiss the OUI due to lack of evidence of driving under the influence. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-m-2/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Charge: OUI (. 17%) Summary: Client's significant other dumped him / her, leaving the client in Maine so that the significant other could go back to Texas. Client had also recently been terminated from a high paying job and was extremely depressed about his / her future as a result of recent developments. Client began drinking early in the morning and then decided to go for a drive. Client, who was heavily intoxicated, drove off the road, crashing into a ditch. Client continued to drink while waiting for a tow truck to arrive. Shortly after the tow truck arrived, local law enforcement came on scene and arrested the client for OUI. Client tested a . 17% back at the station. Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 7 month loss of license Result: Ultimately, the DA agreed to dismiss the OUI due to lack of evidence of driving under the influence. I successfully argued that the lack of admissions to driving after drinking, coupled with numerous bottles of alcohol found at the scene, would make it impossible to prove at trial. The DA agreed and my client walked out of court without a criminal record. --- ### STATE v. A.G. - DUI / OUI > By agreement and following a spirited negotiation with the local DA, the case was fully dismissed. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-g-dui-dwi/ - Cases Categories: OUI, DUI, and DWI, Theft Summary: Client, who had recently graduated from college, was drunk and out and about with a friend. Client and friend stole a local golf cart and proceeded to drive up and down Main Street in a small northern Maine ski town. Client was observed driving and subsequently stopped by local law enforcement. Client admitted to consuming alcohol and was visibly impaired. Client was arrested for OUI and ultimately, refused to submit to a breath test. Client was from Massachusetts where everyone refuses to take a breath test. Mandatory Minimum Penalty: 4 days jail, 14 month total loss of license, $600. 00 fine plus surcharges Maximum Penalty: 364 days jail; 16 month total loss of license, $2,000. 00 fine plus surcharges Result: By agreement and following a spirited negotiation with the local DA, the case was fully dismissed. --- ### STATE v. A.M. pt. 2 > MCDG won the BMV hearing due to the officer failing to conduct a full 15 minute wait period with DA agreeing to dismiss the OUI. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-m-pt-2/ - Cases Categories: Criminal Defense Summary: Following a successful BMV hearing, we still had the criminal charges to deal with. Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine plus surcharges; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine plus surcharges; 7 month loss of license Result: We won the BMV hearing due to the officer failing to conduct a full 15 minute wait period. As a result of our success at the BMV, the DA agreed to dismiss the OUI in return for a plea of guilty to a charge of Driving to Endanger. The client was thrilled as a conviction would have cost the client his / her career. --- ### BMV v. A.M. pt. 1 > Through cross examination of the police officer, we learned he was unsure of whether or not he did a proper mouth check and 15 minute wait period. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-a-m-pt-1/ - Cases Categories: Alcohol Crimes, OUI, DUI, and DWI Summary: My client had been charged previously for OUI. As a result, he was facing a 150 day loss of license. We requested a hearing with the Bureau of motor vehicles as we had a real issue to contest. The client had been investigated for pulling into a parking lot and trying to sleep. This triggered a subsequent OUI investigation during which my client was ultimately arrested and charged with OUI Result: Through extensive cross examination of the police officer, we learned that he was unsure of whether or not he did a proper mouth check and 15 minute wait period. Luckily, I come prepared with the video from the Intoxilyzer room and a laptop ready to play the evidence for the hearings administrative officer. After playing the video for the hearings administrative officer, the case was dismissed due to an improper mouth check in 15 minute wait period. These results are not uncommon, as officers frequently skirt or forget to follow proper procedures when administering a breath test. --- ### STATE v. J.W. pt. 2 > MCG was able to convince the district attorney to place my client on deferred disposition for a DUI habitual offender charge. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-w-pt-2/ - Cases Categories: Habitual Offender, Violating Conditions Charge: Operating after Habitual Offender; Violating Conditions of Release Mandatory Minimum Penalties: 30 day loss of license; $500 fine, none of which may be set aside by the court. Maximum Penalties: 1. 5 years jail time: $3000 fine Summary: Client, who knew he was under suspension, found himself in a predicament one snowy evening. The ride he is scheduled for his child to pick up from school and following through and there was no one else available to pick up the child. Being a responsible, single father, he did what any responsible loving parent would do; he retrieved his child from school. Unfortunately for my client, he was rear-ended by another car and the police were called due to the accident. This unfortunate chain of events for my clients ability to drive in the future and provide for his family in real jeopardy. Result: As a result of skillful negotiation, we were able to convince the district attorney to place my client on deferred disposition. The conditions of the deferred disposition were as follows: he had to do jail time up front; he had to remain crime free for a period of two years; and could only operate a car or another motor vehicle after being lawfully licensed. My client agree to the terms, happily, and was eligible for immediate reinstatement of his driver's license. This is just one example of many clients who find themselves in trouble due to suspension and licensing issues. Frankly, when you begin to slip... --- ### STATE v. P.A. > The DA agreed to dismiss the charges upon completion of the community service, which had been previously completed. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-a-2/ - Cases Categories: Alcohol Crimes Charge: Possession of Alcohol by a Minor & Transportation of Alcohol by a Minor Maximum Penalties: 60-day loss of license; $1,000. 00 fine Summary: My client was accused of knowingly transporting his friends who were in possession of alcohol. My client insisted that he had no idea his friends had entered his car with open beers. My client, who had not ever been in trouble with the law before, agreed to conduct and complete community service as in olive branch to the DAs office. It was my sincere belief that the DAs office could not prove his case at trial and I informed the DA of that belief. Result: The DA agreed to dismiss the charges upon completion of the community service, which had been previously completed. My client and his family were ecstatic with the result as they were concerned that even charges as minor as these would impact his scholarship opportunities at college. --- ### BMV v. S.C. > The officer failed to stay in the room with our client the entire time prior to the administration of the breath test for an OUI charge. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-s-c/ - Cases Categories: OUI, DUI, and DWI Charge: OUI - BMV Hearing Summary: my client was charged with an OUI which stem from an accident, where my client left the road. A BMV hearing was conducted, which my client did not participate in. At the hearing, the major issue for contention was whether or not the officer followed proper procedures with respect to the breath test. My cross-examination concentrated on these procedures. Result: The officer admitted under oath that he had failed to not only check my client's mouth but to stay in the room with him the entire time prior to the administration of the breath test. This resulted in the dismissal of the Bureau of Motor Vehicle suspension. --- ### J.D. v. M.H. - PFA > While defending criminal charges, a Protection from Abuse Order (PFA) was brought against our client where we challenged the allegations. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/j-d-v-m-h-pfa/ - Cases Categories: Criminal Defense My client retained me more than 2 years ago to defend him on a felony criminal charge where J. D. was the "victim". While defending the criminal charges, a PFA was brought against my client, M. H. For tactical purposes, we decided not to contest the PFA and entered into an agreement for a consent order, which means there was no formal finding of abuse but the PFA would remain in effect for 2 years. In August, my client was served with a notice of hearing for a LIFETIME extension of the PFA. My client was beside himself as he wanted nothing to do with the "victim" and he just wanted to get on with his life. My client retained me to defend him at the hearing. We had a hearing on the merits and the judge agreed to extend the order for ONE YEAR ONLY with a condition that no further extensions could be sought by the "victim". The judge specifically ordered that my client be allowed to use and possess firearms and made no formal finding of abuse on the record. PFA's are tricky. If the judge makes a formal finding of abuse, the client loses their gun privileges for life. Often times, it's in everyone's best interests the PFA without a hearing. Both parties have a lot to lose if the judge rules against one side or the other. However, many times we have no choice but to go to hearing. In those instances, we pursue a... --- ### STATE v. A.G. - OUI / DUI > Our client was given an OUI while on a golf cart in Maine. We convinced the DA to not charge our client. The case never made it to court. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-g-oui/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was driving around a local golf course while intoxicated. Client decided to take the golf cart for a spin around town on the local streets, when he was stopped by the local police. Client was given sobriety tests and was arrested for suspicion of OUI and ultimately, blew over the legal limit. Result: I was able to convince the DA to NOT CHARGE MY CLIENT so the case never made it to court. --- ### STATE v. J.M. > Our client passed a field sobriety test but was still charged with an OUI. The charge was changed to driving to endanger which was accepted. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-m-3/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (. 16%) Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was stopped for allegedly drifting over a fog line numerous times, making an illegal right hand turn and nearly failing to negotiate a curve in the road. Client performed flawlessly during field sobriety tests but was arrested anyway. He was brought back to the PD and given a breath test where he blew a . 16% BAC. Result: We picked a jury and went to trial. Over the course of two days, we learned that the breath testing protocols in Maine are flawed, the machine is NOT specific for alcohol, the machine was testing incredibly higher than it should have been and the client was exposed to volatile hydrocarbons, which mimicked alcohol. Sadly, the jury deadlocked and hung; 7-5 in favor of NOT GUILTY. The jurors who decided in favor of guilty were convinced of my client's guilt, largely because he smiled on the stand (he was nervous) and therefore, he must have been arrogant. To say I am disappointed with this jury's result is an understatement. It's one thing to vote guilty based on the evidence. It's a whole other thing to vote guilty based on your personal prejudices and evidence not admitted on the record. Nonetheless, the State didn't want to retry the case so they offered a Driving to Endanger which my client took... --- ### STATE v. J.T. > Client crashed his car into a stationary vehicle at a red light in Maine. The DA agreed to dismiss the OUI in lou of suspension and a fine. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-t-2/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client crashed his car into a stationary vehicle at a red light. Client tested a . 16% after arrest. Result: Client voluntarily checked into rehab for 60 days, continued on with intensive out-patient care and ultimately, continued on with AA and weekly substance abuse counseling. As a result of the client's rehab efforts, the DA agreed to dismiss the OUI in return for a plea of guilty to Driving to Endanger for a fine of $1,000. 00 and a 30 day license suspension. --- ### STATE v. A.D. > Client was driving without glasses when pulled over for speeding in Maine but the case was dismissed at the end of the filing period. Read more! - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-d-3/ - Cases Categories: Traffic Charges, Violating Conditions Charges: Operating Beyond License Restriction Maximum Penalty: 6 months jail; $1,000. 00 fine Summary: Client was driving without her glasses on when she was pulled over for speeding. Result: Case filed without costs for 6 months with a dismissal at the end of the filing period. --- ### STATE v. J.W. > Our client was under the influence of heroin when he was arrested for fighting with his girlfriend. The charges were dismissed. Learn more. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-w-3/ - Cases Categories: Criminal Defense, Domestic Violence, Drug Crimes Charges: Domestic Violence Assault; Domestic Violence Criminal Mischief; Domestic Violence Interference with a 911 Call; Disorderly Conduct Maximum Penalty: 3 years jail; $6,000. 00 fine; 2 years probation Summary: Client was arguing with his girlfriend who was under the influence of narcotics. Client was trying to throw out the heroin and the girlfriend became angry. The argument escalated and the girlfriend threatened to call the police. The client broke the phone in order to prevent the girlfriend from carrying out her threat. The girlfriend went to the neighbors and called the police. The client was arrested. Result: All charges were dismissed in return for a plea of guilty to Disorderly Conduct for a fine of $250. 00. --- ### STATE v. L.H. > The client was placed on deferred disposition for a period of 6 months following a domestic violence charge. The case was later dismissed. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-h-2/ - Cases Categories: Criminal Defense, Domestic Violence Charges: Domestic Violence Assault; Domestic Violence Criminal Threatening Maximum Penalty: 2 years probation; $3,000. 00 fine; 18 months jail Summary: The client was at home with her husband when they got into an argument. Husband, who was later classified as a victim, was prone to histrionics. The husband became very emotional and threatened to leave my client and wanted to leave the home. The husband was on several prescription medications and my client was concerned for his safety and tried to prevent him from leaving. The husband shoved my client out of the way and then fell down the stairs. The husband literally ran to the police station and told a "story" about what happened (which was the EXACT opposite of the truth). The client was later arrested for Domestic Violence. Result: The client was placed on deferred disposition for a period of 6 months and the case was later dismissed. I actually strongly encouraged the client to go to trial as I thought we would win in front of the jury but the client did was she thought was in her best interests. In the end, it all worked out as the charges were dismissed. --- ### BMV v. R.L. > Client was stopped immediately after leaving a local Maine bar. Due to failure to ensure his mouth was clear. The case was thrown out. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-r-l/ - Cases Categories: OUI, DUI, and DWI Summary: Client was stopped immediately after leaving a local bar. The client, who was admittedly nervous, told the cop he'd been drinking that night and had 2 mixed drinks. He performed poorly on field sobriety tests and was arrested for OUI. He blew a . 13% BrAC. Result: We won the hearing because the client vomited twice into a trash can during the 15 minute wait period. The cop was pissed at the client because he thought he was messing with the machine. Due to the failure to ensure his mouth was clear of foreign objects (vomit) and failure to re-start the wait period, the case was thrown out at the BMV and the client was able to keep driving. --- ### STATE v. T.B. > Our client was pulled over on suspicion of drinking while heading to the store. The case was changed to lesser crime & client kept their job. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-b/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: $700. 00 fine; 4 days jail; 14 months loss of license Maximum Penalty: 14 month loss of license; 364 days jail; $2,000. 00 fine Summary: Client, who had worked a full day at the office, had left home to grab some cigarettes. The client had a few drinks prior to driving and unfortunately, was stopped for suspicion of OUI. The officer had my client perform field sobriety tests, which my client failed. He was then arrested and brought to the police station for a breath test. The client ultimately refused to take a breath test. Result: The client, a member of the US Navy, was at risk for termination of his career if convicted of the OUI Refusal. As a result of a long and intensive negotiation, I was able to resolve the case with a plea to Driving to Endanger in return for a dismissal of the OUI Refusal. The resolution ensured that my client didn't lose his position with the US Navy. --- ### STATE v. C.R. > A client with a history of violations received a DUI with license susepend for a previous DUI. The charge was dropped to driving to endanger. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r-6/ - Cases Categories: Habitual Offender, Traffic Charges, Violating Conditions Charge: Operating After Suspension (OAS) Maximum Penalty: 60 day loss of license; 6 months jail; $1,000. 00 fine Summary: The client had a looooong history of criminal traffic violations. In fact, I represented the client on 2 prior OUI charges and had both of those previous charges reduced to Driving to Endanger. Unfortunately, the client chose to drive while serving out a 30-day suspension on the last OUI drop down I achieved for the client and was stopped while under suspension. Result: Due in large part to my relationship with the DA on the case, I was able to convince the DA to place my client on deferred disposition in return for the completion of a substantial amount of community service and completion of a defensive driver program. The case was ultimately dismissed and the client avoided being classified as a Habitual Offender by the State of Maine. --- ### STATE v. B.O. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-o/ - Cases Categories: Drug Crimes Charges: Possession of a Scheduled Drug (hydrocodone) class "C" felony Maximum Penalty: 5 years in state prison; $5,000. 00 fine; 3 years probation Summary: Client was driving down the Maine Turnpike and heading back home after a relaxing vacation weekend at the family camp when she was stopped by a Maine State Trooper for her passenger who wasn't wearing a seatbelt. The Trooper was extremely aggressive and had a "hunch" that my client had drugs in her car. The Trooper was seen on video peering in all of the car windows in the hopes of observing illegal "contraband". After obtaining my client's driver's license and registration, the Trooper had my client step out of her car so he could "speak with her". The Trooper began questioning my client about drug use and whether or not she had drugs in the car. Ultimately, my client admitted to having a "joint" in the car and the Trooper used that admission to conduct a full search of her car where he later found over 50 hydrocodone tablets. Client was charged with felony possession of drugs. Result: Within days of the arrest, my client met with me at the office and retained my services. We requested an opportunity to view the video prior to the client's court date and discovered that the Trooper had no reasonable suspicion to seize my client beyond what was necessary to wrap up the traffic stop. After my client was indicted by Grand Jury for the drug charge, we... --- ### STATE v. K.A. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-a/ - Cases Categories: Criminal Speed, Habitual Offender, Traffic Charges Charges: Criminal Speeding Maximum Penalty: 180 days jail; $1,000. 00 fine; 60 day loss of license Summary: Client was traveling at a high rate of speed when he was clocked by a local police officer on radar at 92mph in a 50mph zone. Client immediately pulled over when the police officer signaled him/her to stop. Client was remorseful and admitted that he/she knew he/she was speeding but didn't realize how fast he/she was actually going. Client was arrested and charged with Criminal Speeding. Result: Working against the client was his/her horrendous driver history. Client had been suspended as an Habitual Offender two separate times during his/her lengthy motor vehicle history. The driver history was littered with numerous violations, most of which included speeding infractions and operating after suspension. Thankfully, we had a sympathetic DA who agreed that while my client's driver history was bad, he/she had remained out of trouble for the past 3 years but if he/she was convicted, the client would be suspended for another 3 years as an habitual offender and would lose his/her job, which he/she had been at for a number of years. We were able to work out a deal that required my client to surrender himself/herself to the jail for 48 hours in exchange for a dismissal of the criminal speed charge and an admission to speeding 29mph over the speed limit. This arrangement kept my client from being classified as an habitual offender for the 3rd time, which would have resulted in... --- ### STATE v. S.P. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-p-2/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was stopped for speeding. He admitted to the consumption of alcohol and that he had recently consumed a 16oz beer, 20 minutes prior to the stop. Client performed admirably on field sobriety tests but was still placed under arrest for suspicion of OUI. Client took a breath test and blew a . 08%. Result: We were in a jurisdiction that has a strict policy of "no drop downs or charge reductions with respect to DUI cases". As such, we knew from day one that we'd need to win at trial. We decided to waive a jury trial and had the case presided over by a single judge. We argued that the evidence in the case only supported probable cause to arrest my client for suspicion of drunk driving but did not meet the evidentiary burden of "proof beyond a reasonable doubt". The judge agreed and found that my client was NOT GUILTY. The end. --- ### STATE v. J.St. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-st-2/ - Cases Categories: OUI, DUI, and DWI Charges: Felony OUI (3rd offense) Mandatory Minimum Penalty: 30 days jail; 6-year loss of license; $1,000. 00 fine Maximum Penalty: 5 years prison; 6 years loss of license; $5,000. 00 fine Summary: The client was at his/her apartment when an argument broke out between his/her brother and the brother's girlfriend. The client left on his/her motorcycle after the police had been called due to a noise complaint. The client came back to the house shortly after the police arrived. When the client pulled into his/her spot, the police confronted the client and ordered the client to shut off the motorcycle and get off the bike. The client, who was on federal probation, ultimately submitted to field sobriety tests and failed, which resulted in his/her arrest. The client blew a . 19% BrAC, which was more than double the legal limit. Result: We presented the DA with an excellent legal argument that the seizure of my client's person was unsupported by any reasonable suspicion of criminal activity and was a violation of my client's constitutional rights. The day before the case was set to be heard by a superior court justice, the DA and I fashioned an agreement that resulted in the felony OUI charge being dismissed and my client pled guilty to a single count of Operating Beyond License Restriction for a fine of $500. 00. My client avoided the felony conviction as well as a 6-year loss of license. My client was very pleased. --- ### STATE v. S.S. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-s-3/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (. 16% BrAC) Mandatory Minimum Penalty: $500. 00 fine; 48 hours jail; 150 day loss of license Maximum Penalty: $2,000. 00 fine; 364 days jail; 150 day loss of license Summary: Client was stopped for speeding on a desolate roadway in northern Maine. Client pulled over without issue and admitted to drinking a beer earlier in the evening. Inside the car was an partially consumed 12-pack of beer. Police officer ordered the client out of the car for the purpose of performing field sobriety tests. Client performed poorly and was arrested for OUI. Client blew a . 16% BrAC and was charged with an aggravated OUI. Result: We conducted a hearing on a motion to suppress illegally obtained evidence. We argued that no evidence collected at the time of the stop would support a reasonable suspicion that my client was under the influence of alcohol. The judge agreed and granted the motion to suppress evidence. As a result, the state was forced to dismiss the charge! Client was estatic as we previously prevailed at the BMV and therefore, the client avoided any blemish on his criminal and motor vehicle history. --- ### BMV v. P.F. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-p-f/ - Cases Categories: OUI, DUI, and DWI Offense: OUI (. 24% BrAC) Summary: Client was spotted leaving a bar and walking back to his car by a local police officer. Officer indicated that the client appeared to be impaired as he was staggering to his car. The client drove off at night without first activating his headlights. As a result, the officer stopped my client for the headlight violation and developed enough information to arrest my client on suspicion of OUI. The client was brought back to the local PD where field sobriety tests were administered. My client failed miserably and was given a breath test, which he/she blew a . 24% BrAC. The client was charged with OUI. Result: We requested that the PD preserve a copy of the Intoxilyzer room video for review. We later discovered that the officer violated the 15 minute wait period when he left the room for approximately 17 seconds, leaving my client unattended. When confronted with this issue, the officer denied ever leaving the room. Thankfully, we had the videotape, which we played for the hearings officer and the cop. The police officer had clearly forgotten that he left the room and admitted that as a result, the test was unreliable. BMV suspension DISMISSED! ! ! --- ### STATE v. A.O. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-o/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (. 20%) Mandatory Minimum Penalty: 48 hours jail, 150-day loss of license, $500. 00 fine Maximum Penalty: 364 days jail, 150-day loss of license, $2,000. 00 fine Summary: The client was at a closed rest area "relieving himself" in open view of the roadway. A local police officer observed my client "relieving himself" and determined that he was able to observe my client's genitalia in full view. The officer pulled into the closed parking lot and my client, who by now had zipped up and was back in his car, attempted to depart. The put his blues on and conducted a traffic stop. Ultimately, my client was found to be under the influence and was arrested for suspicion of OUI. He was given a breath test where he blew a . 20% BrAC, which was 2. 5x the legal limit. Result: We offered to resolve the case with a Driving to Endanger conviction in return for a dismissal of the OUI charge. The DA refused and felt fairly confident that he would win on a hearing to suppress evidence obtained from the stop. Fortunately for my client, we conducted a hearing on the issue of the legality of the stop and the judge agreed with my argument that it was an illegal stop and there was no evidence of criminal activity that would justify the stop. CASE DISMISSED! --- ### STATE v. J.L. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-l-3/ - Cases Categories: Criminal Speed, Traffic Charges Charges: Criminal Speed (107mph) Maximum Penalty: 6 months jail; $1,000. 00 fine; license suspension Summary: Client was initially clocked by the Maine State Police at 95mph. However, while in pursuit, client accelerated to 107mph. Client was subsequently arrested and charged with Criminal Speed. Result: DA agreed to dismiss the case after 12 months pending completion of a defensive driver's course. In Maine, judges are routinely ordering a minimum of 72 hours jail in cases where people break the 100mph speed barrier. In this case, the DA was sympathetic to my client who had recently suffered from a severe head injury and was unaware of his/her speed. Client had also been driving for nearly 20 straight hours and was extremely fatigued. While not an excuse for the driving behavior, it was enough to establish a starting point for conversation that ultimately would lead to a dismissal. --- ### STATE v. D.C. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-c-4/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 month loss of license Mandatory Minimum Penalty: $600. 00 fine; 4 days jail; 14 month loss of license Summary: Client was from out of state and owned a vacation home in Maine. Client was driving to his vacation home when he was stopped for what appeared to be impaired driving. Client admitted to drinking earlier in the evening and agreed to perform sobriety tests. Client, who had extensively documented medical issues, performed poorly and was arrested. Cilent refused to take a breath test. Result: DA agreed to dismiss the OUI Refusal charge due in large part on a failure by the PD to preserve important video evidence that had been previously requested by my Office. Client pled guilty to Driving to Endanger for a fine of $1,000. 00 and a 30 day loss of license. Client was able to continue to drive back in his/her home state as he/she was never convicted of the OUI. --- ### STATE v. J.S. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-s-2/ - Cases Categories: Habitual Offender, Violating Conditions Charge: Operating a Motor Vehicle after License has been Revoked (OAR) Mandatory Minimum Penalty: 30 days jail; $1,000. 00 fine Maximum Penalty: 364 days jail; $2,000. 00 fine Summary: Client never obtained a license but inexplicably, continued to drive in Maine without a valid license. Client had numerous convictions for operating without a license, which resulted in the BMV declaring the client as an habitual offender and suspending the client for 3 years. Client decided to continue to drive, in spite of the revocation, and ended up in a 2 car accident. The police responded to the scene and my client was arrested. Result: My client is a local Maine college student who exercised bad judgment. However, I was able to convince the DA to give my client one last chance based on my client's willingness to stay on the scene of the accident (IE, he/she didn't flee) and his/her honesty with the police officer. DA agreed to a deferred disposition for 1 year with a condition that the client not drive unless lawfully licensed. At the end of 1 year, the case would be dismissed and the client would plead guilty to Operating after Suspension (OAS) for a $200. 00 fine and 48 hours in the Alternative Sentencing Program. Client was thrilled as his/her prior attorney was perfectly willing to plead the client to the original charge, essentially "throwing the client under the bus"! --- ### STATE v. S.S. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-s-2/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (3rd offense in 15 years) Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was stopped for speeding. During the stop, client admitted to drinking three (3) beers recently. Client was asked to perform field sobriety tests and client complied. The police officers had a difficult time determining if the client was under the influence but arrested the client in order to be "on the safe side". A breath test was administered and the client blew a . 13% BrAC. Result: We had a couple of things going for us. First, we won the BMV hearing based on the officer's failure to properly inspect the client's mouth where had he done his job, would have discovered the client had dentures. Secondly, there were some social and mental health issues that the client was suffering from and we were able to bring these issues to the DA's attention. The result was that the OUI was dismissed in return for a plea to Reckless Conduct, a fine of $2,000. 00 and no license suspension. The client was happy because any license suspension would have meant termination from employment. --- ### STATE v. C.M. - Driving to Endanger - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-m-driving-to-endanger/ - Cases Categories: Traffic Charges Charges: Leaving the Scene of an Accident (x2); Reckless Conduct; Driving to Endanger Maximum Penalty: If convicted on all crimes, the client faced up to 30 months in prison; a 13 month loss of license and fines in the amount of $5,000. 00 Summary: Client was driving down a street when she came upon an emergency scene. Client attempted to drive by an emergency vehicle and accidentally scraped said vehicle with his/her car. The emergency worker allegedly told the client that he/she had struck the emergency vehicle and to stop. Client couldn't hear the emergency worker and didn't realize he/she struck the vehicle. Client backed up in an attempt to leave and struck another car. Client drove away without leaving any of his/her information. Police made contact with my client a few days later and my client denied any wrong doing. Result: This case boiled down to one simple but difficulty to obtain goal and that was to minimize the damage and avoid any criminal convictions for Reckless Conduct and Driving to Endanger. During a lengthy negotiation with the DA, we shared photos of the client's vehicle and the "victim's" vehicle to demonstrate that the damage alleged couldn't have been caused by my client's car. Ultimately, I was able to convince the DA to dismiss all of the charges in return for a plea of no contest to a single count of leaving the scene of an accident. This ensured my client wouldn't be liable for any damages to the... --- ### STATE v. K.B. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-b-2/ - Cases Categories: Assault Charge: Assault Maximum Penalty: 364 days jail; $2,000. 00 fine Summary: Client, a recent college graduate, was out celebrating in Old Orchard Beach with family and friends at a local watering hole. Client, who was clearly intoxicated, accidentally brushed his arm against a waitress's breast. The waitress, who was furious with my client, had the client thrown out of the bar. The police showed up shortly thereafter and arrested my client for assault. Result: My client was in the process of applying for teaching jobs and this type of a conviction would ruin his future. My client denied ever meaning to make contact with the waitress's breasts and steadfastly professed his innocence. Ultimately, we fashioned an arrangement where the case was filed for $700. 00 and then dismissed. Client walked away with a clean record and a brighter future. --- ### STATE v. B.M. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-m/ - Cases Categories: Criminal Defense Charge: Providing a Place for Minors to Consume Alcohol Maximum Penalty: 180 days jail and $1,000. 00 fine Summary: Client, a local college student, was doing what all college kids do... he was having a party at his apartment. Unfortunately for the client, things got out of control and MANY more people showed up than anticipated. Of course most of the party goers were under the age of 21 and extremely drunk. The local PD was also stepping up enforcement of these illegal parties and arrested my client for supplying the apartment for the party. Ironically, my client was the only person who hadn't been drinking that night at the party. Result: Client was from out-of-state and the parents were extremely worried about their child's future if convicted of the crime. We were able to negotiate a filing of the charge with a dismissal at the end; in return for 20 hours of community service and a $200. 00 filing fee. --- ### STATE v. D.C. - Published: 2019-12-03 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-c-3/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600. 00 fine; 14 months loss of driving privileges Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 months loss of driving privileges PLUS additional license suspension by client's home state. Summary: Client was observed leaving a local bar and was said to be weaving all over the road. According to the arresting officer, client appeared to be heavily intoxicated, failed all of the field sobriety tests and admitted to recent consumption of alcohol. It didn't help that the client had out of state plates. Result: Client was brought to the local PD for a breath test and refused to take the test. When I was first brought in to handle the client's case, I sent a letter to the PD requesting them to preserve the video evidence. That request was not complied with, which resulted in a dismissal of the OUI Refusal charge and the client pled guilty to Driving to Endanger. My client was extremely relieved. --- ### STATE v. C.D. - 2nd Offense OUI / DUI - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-d-2nd-oui-dui/ - Cases Categories: OUI, DUI, and DWI, Violating Conditions Offense: 2nd offense OUI (3rd in 11 years) Violating Bail Conditions Operating Beyond License Restriction & Operating after Suspension Maximum Penalty: 364 days jail; 3 year loss of license, $2,000. 00 fine on the OUI and 180 days jail and $1,000. 00 fine on the remaining charges. Mandatory Minimum Penalty: 7 days jail, 3 year loss of license, $700. 00 fine Summary: Client was sitting in a parking lot waiting to exit when a local police officer randomly checked his plates for suspensions. The officer learned that the client was on bail conditions, which prohibited him from consuming or possessing alcohol and that the client was subject to random searches and seizures for alcohol. The officer stopped the client in order to ensure that the client was not in violation of bail. The client admitted to drinking alcohol earlier in the day and was adamant that he was not under the influence of alcohol. The officer ordered the client to exit his car in order to perform field sobriety tests. The client did not do well and was placed under arrest for OUI. Client blew a . 09% BrAC. Result: We were set to pick a jury but earlier that morning, we were conducting a BMV hearing. At the hearing, the officer admitted under cross-examination that he turned his back on my client while performing the wait period and that he didn't keep him under constant observation. The officer further admitted that he didn't understand why there was an error... --- ### BMV v. S.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-s-p/ - Cases Categories: OUI, DUI, and DWI Offense: OUI Summary: Client was driving home and was stopped for drifting over the center line. Client showed signs of intoxication and admitted to consuming four beers with the most recent beer being consumed 20 minutes prior to the stop. Based on this information, the officer had the client exit his car so that he could administer field sobriety tests. Field sobriety tests were unremarkable and the officer admitted she thought it was a close call on whether or not the client was impaired by alcohol. However, the officer erred on the side of caution and placed my client under arrest for OUI. My client tested at a . 08% BrAC at nearly an hour after the stop occurred. Result: We enlisted the services of the state's chemist who performed a Widmark calculation. Based on the evidence presented to the chemist, his calculations indicated that my client was below a . 08% BrAC at the time of driving. The license suspension was rescinded and my client's driver's license was immediately restored. --- ### STATE v. N.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-n-g/ - Cases Categories: Criminal Speed, OUI, DUI, and DWI Charges: OUI & Criminal Speed Maximum Penalty: 18 months jail if convicted on both charges and a $3,000. 00 fine Summary: Client was stopped for speeding, 68mph/35mph zone. Officer could smell booze on my client's breath and my client perform field sobriety tests. Client performed reasonably well but was arrested anyway for OUI and Criminal Speed. Client tested at a . 14% BrAC. Result: We immediately filed a preservation of evidence request with the police department in order to preserve videos from the Intoxilyzer room. Ultimately, the police failed to preserve the video as requested. DA dismissed both charges immediately prior to hearing. --- ### STATE v. C.F. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-f/ - Cases Categories: Criminal Defense, Domestic Violence, Theft Charges: Burglary, Aggravated Criminal Trespass, Criminal Trespass, Tampering with a Witness, Obstructing Report of a Crime, Domestic Violence Assault, Violating Conditions of Release x2 Maximum Penalty: If convicted and the judge ran all the sentences consecutively, the client was looking at an excess of 25 years in prison. Summary: Burglary is defined as entering a building or dwelling for the purpose of committing a crime within. In this case, my client kicked in the door of his girlfriend's apartment, allegedly choked her to a point of unconsciousness, slapped her around, prevented her from making contact with the police and later contacted her for the purpose of convincing her to change her story. Client also violated his bail for contacting the victim while the case was pending. Result: The victim in this case gave a few different versions of her story on different occasions. She also recanted her story and thus was considered a wild card by both the prosecution and defense. It was also obvious to us that my client could be convicted of at least the criminal mischief charge due to the damage to the door and frame. Ultimately, all felonies were dismissed in return for a plea of guilty to a single count of Violating Conditions of Release, Obstructing Report of a Crime and Domestic Violence Assault. While these were serious charges that carried potential jail and probation time, they were misdemeanors and the goal in this case was to avoid a conviction on any of the felonies.... --- ### BMV v. J.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-j-g/ - Cases Categories: OUI, DUI, and DWI Offense: OUI Summary: The client was reported to be driving erratically by a "concerned citizen". The client was stopped and put through field sobriety tests by the police officer. The client admitted to consuming alcohol earlier in the day and open containers of beer and liquor were found in the backseat of his car. The client was ultimately arrested for suspicion of OUI. During the arrest and transport sequence, the client was belligerent and threatened to "beat up" the police officer. A breath test was administered and a result of . 14% was obtained. Result: We conducted a BMV hearing on the issue of whether or not the test result was accurate. The officer left out critical information in his report, repeatedly changed his story and backpedaled when confronted with conflicting information. In a nutshell, the officer lied multiple times under oath. As a result of an extremely aggressive cross-examination, the officer's testimony was completely discredited and the hearings officer agreed that the test result was proven to be unreliable. The suspension was immediately rescinded and the client, who has a CDL, was able to avoid a one (1) year suspension of his license and can now continue to drive his tractor-trailer for a living. --- ### STATE v. H.F. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-h-f/ - Cases Categories: OUI, DUI, and DWI, Traffic Charges Charges: OUI & Leaving the Scene of an Accident Maximum Penalty: $2,000. 00 fine, 150 day loss of license and 364 days jail on the OUI... $1,000. 00 fine, 180 days jail for Leaving the Scene of an Accident Summary: Client was alleged to have sped away from a convenience store parking lot after striking a parked vehicle with his/her truck. Client fled to his/her home where he/she consumed an unknown quantity of alcohol. Police arrived within 30 minutes and administered field sobriety tests, which the client performed poorly on. Client was arrested for OUI and given a breath test. Result: During the wait period portion of the breath test, client vomited 3 separate times and the officer failed to reinspect the client's mouth. Officer testified to this information at the BMV, which provided us with a basis to get the breath test excluded fort both the BMV hearing and the criminal case. As a direct result of our efforts, the OUI and Leaving the Scene of an Accident were dismissed in return for a plea to Driving to Endanger for a fine of $800. 00 and a license suspension of 30 days. --- ### STATE v. John Doe - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-john-doe/ - Cases Categories: Sex Crimes Charge: Indecent Conduct Maximum Penalty: 180 days jail; $1,000. 00 fine Summary: The client, a long-time visitor to a local beach community was seeking a homosexual encounter. The client encountered what he believed to be a "friendly" male who engaged him in conversation. The client was under the impression that the "friendly male" wanted to engage in a sexual act with him. The client led the male to a secluded area on the beach and proceeded to begin to masturbate in front of the "friendly male". Unfortunately for the client, the "friendly male" was an undercover police officer who promptly placed my client under arrest for indecent conduct. Result: The client, who understandably found this entire process a humiliating experience, agreed to perform community service and to pay a nominal fee in return for a dismissal of the charge. --- ### STATE v. L.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-p/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was stopped for swerving and speeding. Client admitted to the recent consumption of alcohol and as such, was given sobriety tests. Client failed those tests miserably and was arrested for OUI. Client blew a . 12% BrAC. Result: Client, a single parent, couldn't afford an OUI conviction as it would mean that the client would be dragged back into court by the other spouse and and child custody would likely shift from the client to the spouse. DA was sympathetic to our argument and agreed to dismiss the OUI in return for a plea to Driving to Endanger and a fine of $575. 00. --- ### STATE v. A.D. - OUI / DUI Charge - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-d-oui/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 17%) Mandatory Minimum Penalty: 48 hours jail; 150 day loss of license; $500. 00 fine Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was stopped for driving at night without his headlights on. Client was given sobriety tests and performed poorly. Client was brought to the local police station and administered a breath test where he/she blew a . 16% BrAC. Result: A preservation of evidence request for cruiser and intoxilyzer video was timely filed with the police department and DA's office. However, the police cruiser video could not be obtained and the intoxilyzer video cut off before the 2nd sample was obtained. As a result, we successfully negotiated a deferred disposition with the end result being a Driving to Endanger. Client was thrilled as a conviction would have meant he would lose his/her job as he/she couldn't drive back and forth to work. --- ### STATE v. M.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-g/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (. 19% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500. 00 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was stopped for swerving. Client was given field sobriety tests and performed poorly. Officer noted that the client was slurring his/her speech and that the client had red, blood shot glassy eyes. Client admitted to consuming alcohol earlier in the evening at a local bar. Result: The DA agreed to place the client on deferred disposition for a period of 1 year. In return, client agreed to refrain from alcohol, get a substance abuse evaluation and counseling if needed. Client was required to complete 50 hours community service. If client successfully completed the requirements of the deferred disposition, the state will dismiss the OUI charge in return for a plea to Driving to Endanger. --- ### STATE v. P.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-s/ - Cases Categories: Assault, OUI, DUI, and DWI Charges: OUI Refusal & Assault on a Police Officer Mandatory Minimum Penalty: 4 days jail; $600. 00 fine; 14 month driver's license suspension Maximum Penalty: 364 days jail and $2,000. 00 fine on each charge Summary: Client was stopped for weaving all over the road. When asked to perform field sobriety tests, client performed poorly. Client became combative when officer attempted to handcuff the client. Client assaulted the officer by kicking him in the shins. Client was belligerent throughout entire encounter, including while being transported to the PD for a breath test. Entire encounter was recorded, which was both a blessing and a problem for our client as it confirmed some of what the client indicated happened as well as confirming some of the more damaging aspects of the police report. Result: Assault on a Police Officer and Refusal charges were dismissed in return for a plea to a no-jail OUI and a fine of $500. 00. Client avoided a 14 month driver's license suspension based on the outcome at a previously contested BMV hearing. Client also avoided jail and the more serious charge of assaulting the police officer. This case was essentially "won" at the BMV hearing where the officer's testimony was established to the state's detriment. --- ### STATE v. H.T. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-h-t/ - Cases Categories: Criminal Defense, Drug Crimes Charges: 4 serious drug offenses; a class A, 2 class B, and 1 class C felonies. Maximum Penalties: Maximum jail time was up to 55 years, with fines up to $95,000. Summary: We hired a PI and vigorously dug into the witness statements and police reports. We discovered defects in the witness statements that arguably would lead a jury to conclude that the state's star witness was lying. Result: The DA's initial offer was to plead guilty to the felony charges in return for no jail time and 4 years probation... with 4 years of prison hanging over the client's head. Ultimately, due to our diligence in uncovering witness reliability issues, we convinced the prosecutor to dismiss all of the felony charges and the client entered a plea to a misdemeanor drug count. The client received no additional jail time and no fine along with 1 year of probation. --- ### STATE v. S.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-p/ - Cases Categories: OUI, DUI, and DWI Offense: 2nd Offense OUI Mandatory Minimum Penalty: 7 days jail; 3 year loss of license; $700. 00 fine Maximum Penalty: 364 days jail; 3 year loss of license; $2,000. 00 fine Summary: Client was stopped for speeding. He admitted to drinking earlier in the evening and was administered field sobriety tests. Client was arrested on suspicion of OUI and brought into the station for a breath test. Client blew a . 13% BrAC. Result: Client was a veteran and his prior OUI was nearly outside the 10 year window. Based on his military service and the length of time since his last conviction, the DA agreed to dismiss the prior and charge him as a 1st offense OUI with no jail and a 150 day loss of license. --- ### BMV v. H.F. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-h-f/ - Cases Categories: OUI, DUI, and DWI, Traffic Charges Offense: OUI & Leaving the Scene of an Accident Summary: Client backed into a car and fled the scene of an accident. The police met with the client at his home where they administered field sobriety tests. My client was arrested and brought into the local police station for a breath test. During the breath testing sequence, my client vomited numerous times. My client blew a . 13% BrAC. Result: I cross-examined the arresting officer who admitted that he couldn't recall if he re-checked my client's mouth every time after he threw up and rinsed the vomit out. As a result, the BMV rescinded the suspension based on the failure to recheck my client's mouth. My client was extremely pleased with the result. --- ### BMV v. M.CT - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-m-ct/ - Cases Categories: OUI, DUI, and DWI Offense: OUI Summary: Client was arrested for OUI and brought back to the station for a breath test. The officer testified that he conducted a proper 15 minute wait period and that he checked my client's mouth prior to the start of the 15 minute wait period. I was able to obtain video from the Intoxilyzer room that showed the officer didn't perform a mouth check until immediately prior to administration of the breath test. Result: Based on my cross-examination of the officer and his agreement that the critical pre-test procedures weren't properly observed, the suspension was rescinded and my client's driving privileges were restored. --- ### BMV v. S.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-s-s/ - Cases Categories: OUI, DUI, and DWI Offense: OUI (. 16%) Summary: Client was stopped for speeding and admitted to the consumption of alcohol earlier in the evening. The officer had the client perform field sobriety tests and arrested him on suspicion of OUI. The officer brought my client back to the station where a breath test was performed. The officer testified that he conducted a proper 15 minute wait period and that there were no issues with the breath test. My client's breath alcohol was . 16%. Result: The suspension was rescinded based on the fact that the officer admitted under cross-examination that he didn't actually check my client's mouth prior to the administration of the 15 minute wait period. --- ### BMV v. P.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bmv-v-p-s/ - Cases Categories: OUI, DUI, and DWI Offense: OUI Refusal Summary: The client was arrested for OUI and we contested the refusal aspect of the case at the BMV. Oftentimes, the testimony obtained from police officers during a hearing can prove invaluable to the defense of the criminal charges. In this particular case, the police officers who arrested my client brought my client in for a breath test. My client and the arresting officer were obviously at odds with each other and this played out during the breath testing sequence. My client attempted numerous times to provide a sample and the officer kept telling her that she was "messing with the machine. " Ultimately, a single sample was obtained from my client and the officer terminated the test early, which resulted in a refusal charge. Result: We won the hearing on an interesting issue. During the waiting period, my client asked what the penalty would be for refusal and the officer informed her that it would be up to 2 years in jail. This minor issue violated my client's due process rights and was in clear contravention to the Implied Consent warnings. The suspension was rescinded on the spot. --- ### STATE v. D.K. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-k/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 14%) Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was stopped for erratic operation by a vigilant police officer. Client was asked to perform field sobriety tests and appeared to be impaired. As a result, the officer arrested my client and brought him into the station for a breath test. Client blew a . 14% BrAC. Result: We won the case at the BMV as there was an error message on the machine that the officer failed to account for at the hearing. This opened the door for a good resolution of the case and the DA agreed to drop the charge to Driving to Endanger for a fine of $575. 00 and a 30 day loss of license. Client was from out of state and the client's home state will not impose a suspension for the DTE conviction. Client, a realtor, was extremely happy with the result. --- ### STATE v. R.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-m-3/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 20% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was reported as driving erratically by a concerned citizen. Citizen gave a complete description of the car, including make, model and plate number. Officer stopped the car without seeing any erratic operation. Ultimately, client performed poorly on the field sobriety tests and was arrested for OUI. Client blew a . 20% BrAC. Result: We successfully argued that reasonable articulable suspicion for the stop was not present and brought the case before the court for hearing. Immediately prior to the hearing, my client was given a deferred disposition with a drop down to a Driving to Endanger after successful completion of the deferment period for nine (9) months. Client was fined $575. 00 and client's license was suspended for a period of 30 days. Client was extremely happy. --- ### STATE v. J.T. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-t/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 day suspension; $600 fine Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 month suspension of driver's license Summary: Client was driving home from dinner with her husband when she was stopped for speeding. Client admitted to consuming a couple of beers earlier in the evening and was then asked to perform some field sobriety tests. According to the arresting officer, the client performed poorly and was arrested on suspicion of OUI. Client was brought back to the station and given an opportunity to take a breath test and the client refused. Client signed the implied consent form and was charged with OUI Refusal. Result: DA agreed to dismiss the OUI in return for a plea to Driving to Endanger for a fine of $575. 00 and a 30 day license suspension. --- ### STATE v. F.B. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-f-b/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Maximum Penalty: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was reported as driving all over the road by 3 independent parties. Local law enforcement responded to the area and captured the client's drunken driving on video (client was driving in the wrong lane). Client was stopped and ultimately arrested for suspicion of OUI. Client was brought to the police station where he blew a . 12% BrAC. Result: We retained an expert on the issue of GERD (gastroesophageal disease) who testified at the BMV hearing. As a result of the expert's testimony, the BMV suspension was rescinded. In addition, this gave us the ammunition we needed to secure a dismissal of the OUI charge and the client instead pled guilty to Driving to Endanger for a fine of $575. 00 and a 30 day loss of license. --- ### STATE v. B.H. - OUI / DUI - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-h-oui-dui/ - Cases Categories: OUI, DUI, and DWI Charge: OUI . 17% Mandatory Minimum Penalty: 48 hours in jail, $500. 00 fine and a 150 day loss of driving privileges. Maximum Penalty: 364 days in jail, a $2,000. 00 fine and a 150 day loss of driving privileges. Summary: Our client was stopped for erratic driving, failed the Field Sobriety Tests and blew a 0. 17% on the Intoxilyzer 8000 test. After a thorough investigation of the facts offered by both sides, confirmation of the officer's training and certifications, and study of the Intoxilyzer 8000 operating tolerances we found a potential problem with the veracity of the results. Result: We negotiated a deferred disposition and when our client successfully completes the conditions the OUI charge will be dismissed and replaced with a charge of Driving to Endanger. No jail time and a 30-day loss of driving privileges will be assessed. --- ### STATE v. D.A. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-a/ - Cases Categories: Alcohol Crimes Charge: Possession of Liquor by a Minor (civil offense) Maximum Penalty: $500 fine Summary: Client was at the beach with friends, all of whom were at least 21 years old. Client and friends were drinking beer on the beach in clear violation of the posted signage. Client was 20 years old at the time and was summonsed for possession of liquor by a minor. Client admitted to consuming 1/2 a beer. Result: The District Attorney agreed to file the case for a period of one (1) year with the case to be dismissed at the end of the filing period. --- ### STATE v. K.M. pt.2 - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-m-pt-2/ - Cases Categories: Violating Conditions Offense: Operating After Suspension for an OUI Offense Mandatory Minimum Penalty: 7 days jail; $1,000. 00 fine; 1 year loss of license consecutive to the underlying suspension Maximum Penalty: 364 days jail; $2,000. 00 fine; 1 year loss of license consecutive to the underlying suspension Summary: Defendant was stopped strictly on the basis that his DL was under suspension. Prior to getting this law firm involved, the Defendant (age 16) was administratively suspended for an OUI refusal for a period of 9 months. The Defendant was unaware of the suspension due in large part that his mother didn't understand the suspension notice and didn't share the information with her son. Sadly, the defendant was blissfully unaware of the suspension when he was caught driving. Result: Filed for a period of one (1) year with the end result being a full dismissal of the charge. The DA knew that no jury would convict a 16 year old kid based on his mother's failure to comprehend and notify the young boy of the suspension. --- ### STATE v. K.M. pt.1 - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-m-pt-1/ - Cases Categories: Drug Crimes, OUI, DUI, and DWI Charge: OUI Refusal & Possession of Marijuana Mandatory Minimum Penalty: 14-month loss of license; 96 hours jail; $600 fine (OUI Refusal): $350 fine (MJ) Maximum Penalty: $2,000. 00 fine; 364 days jail; 14 month loss of license Summary: The defendant was driving with a group of friends in his car when he was stopped for an alleged plate light violation. The defendant was then administered field sobriety tests, which he appeared to perform well on. The defendant was arrested for suspicion of OUI and brought in for a breath test. The defendant was searched and a baggie of marijuana was found on his person. The defendant refused to take a breath test after his mother was called into the station and she advised him not to submit. The defendant was 16 years old at the time of the arrest. Result: Filed for a period of one (1) year with no costs. The end result is that both charges will be dismissed. DA agreed that there were significant proof problems with the case and that the stop was questionable. --- ### STATE v. D.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-p/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 day license suspension; $600 fine Maximum Penalty: 364 days jail; $2,000. 00 fine Summary: Client was driving the wrong way down Route 95. Client was able to safely exit the highway. However, Client's car and plate number was called in to the State Police who stopped the client later in the evening. Client performed poorly on field sobriety tests, admitted to being intoxicated and admitted that he was driving the wrong way down Rt. 95. Client was arrested for OUI. Since there was a problem with the breath testing device, client was offered a blood test. Client was refused and was charged with OUI Refusal. Result: There were some serious evidentiary issues that we were able to exploit to my client's advantage. As a result of those evidentiary deficiencies, the DA agreed to dismiss the OUI and my client pled guilty to Driving to Endanger for a fine of $750. 00, a 30-day loss of license and enrollment in the 48 hour ASP program. Client avoided the BMV suspension as well so instead of serving 14 months under suspension, the Client only had to serve 30 days of suspension time. --- ### STATE v. L.K. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-k/ - Cases Categories: Drug Crimes Charge: Trafficking Tobacco in Jail, a Class D Misdemeanor Maximum Penalty: 364 days in jail and a $2,000. 00 fine Summary: Our client was found with tobacco products under his mattress while in county jail. I negotiated a plea agreement for 7 days jail, concurrent with his current sentence. He would do no extra time in jail. The client was released early, two days prior to his plea hearing. He failed to contact us, disappeared and failed to appear at the hearing, not once but three times. No one could find him. The State withdrew their offer and insisted on 30 days jail and a $500. 00 fine. l found him in a Washington County rehab facility 6 months later, long after I was officially released from his case. The State agreed to offer an unconditional release for a plea by authorization. Result: Client plead guilty, did not have to physically appear in court, and avoided serving ANY further jail time or paying any fine. He did not forfeit his place in rehab. At the Law Office of William T. Bly we don't quit on you. --- ### STATE v. R.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-p/ - Cases Categories: Criminal Defense, Traffic Charges Charge: BMV Suspension for Negligent Motor Vehicle Death Penalty: Mandatory 3 year loss of license Summary: Client was driving a fully loaded gravel truck when he observed a hazard in the road ahead. He attempted to take emergency braking action and found that his brakes weren't responding. Client swerved into the oncoming lane of traffic, striking another vehicle head on. The driver of the other vehicle was pronounced dead at the scene. Client submitted to a blood test and was found to be sober at the time of the crash. The District Attorney decided not to bring manslaughter charges against the client. However, the BMV suspended his license for 3 years without a hearing. Result: We got The Crash Lab involved to review the state's expert crash report and to conduct our own reconstruction. We learned that the state's expert inputted critical data incorrectly, which accounted for a much higher braking efficiency (and thus, a higher speed prior to braking). The expert's opinion formed the basis for the suspension. My expert also learned that the braking efficiency of the dump truck was reduced by 60% due to mechanical failures that the driver could not have reasonably been aware of. As a result of our expert's report and testimony before the hearing's officer at the BMV, the suspension of my client's license was lifted and he was immediately reinstated without further sanction. Client was relieved to be able to go back to work as he'd been out of work for approximately... --- ### STATE v. L.C. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-c/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 13% BrAC) Maximum Penalty: $2,000. 00 fine; 364 days jail; 150 day loss of license Summary: Client was stopped for speeding. While speaking with the officer, the client appeared to slur her speech and admitted to recent consumption of alcohol. The officer administered field sobriety tests, which the client then failed. Client was arrested for suspicion of OUI. When the officer attempted to administer the breath test, the machine failed 3x in a row for a cal check failure. Ultimately, a test result was registered but no explanation was provided for the machine error issues and thus, reasonable doubt was raised. Result: In light of the machine error issues, DA agreed to place my client on Deferred Disposition for a period of one (1) year. At the end of the year, the DA would dismiss the OUI charge and client would agree to Reckless Conduct (non-driving offense) for a fine of $500. 00. Client thus avoided any increase in insurance costs as well as kept her motor vehicle record clean. --- ### STATE v. K.W. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-w/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 275 day loss of license PLUS an additional 150 day loss of license if convicted of the OUI in criminal court for a total of 14 months! Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 months loss of license OR greater at judge's discretion Summary: Client was stopped for erratic driving and speeding. When stopped, client had difficulty retrieving her documents. She was asked to perform field sobriety tests and performed poorly. Client was arrested for OUI and ultimately refused to submit to a breath test. Result: OUI Refusal charge was dismissed in return for a plea of guilty to Driving to Endanger. Client paid a fine of $575. 00 and served a 30-day license suspension. No jail was imposed in this case. This is one of those cases where my relationship with the prosecutor played a bigger role than the actual facts of the case. The facts in this case were clear, my client appeared to be impaired and did in fact refuse to take a breath test. The officer did everything correctly and thankfully, so did the client when she decided to get me involved to defend her against the charges. --- ### STATE v. L.H. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-h/ - Cases Categories: OUI, DUI, and DWI, Violating Conditions Charges: OUI, with one prior (Class D), and Violation of Driving Condition Q (Class E) Mandatory Minimum Penalty: 7 days incarceration, $700. 00 fine, and 3 year loss of license Maximum Penalty: 18 months incarceration if convicted on both charges; $3,000. 00 fine, and 3 year loss of license Summary: Our client was stopped for erratic driving and tested for alcohol impaired driving. He cannot work without a license and we had to find a resolution that would allow him to keep his license. Results: After an exhausting investigation of the actions and procedures used by the police during the stop and the arrest, we were able to negotiate an acceptable outcome for our client. The prosecutor dismissed the OUI charge and our client entered a plea of guilty to the violation charge. He served 7 days in jail, paid a $200. 00 fine, and can apply for a work permit upon his release. He is happy that he can continue to earn a living. --- ### STATE v. N.J. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-n-j/ - Cases Categories: Domestic Violence Charge: Domestic Violence Assault Maximum Penalty: 364 days jail; $2,000. 00 fine; 2 years probation; 48 week certified batters intervention program Summary: The client got into a verbal argument with his girlfriend that ultimately turned physical. Both parties struck each other repeatedly. However, my client appeared to have taken the brunt of the injuries. The client called 911 to report the altercation and to have the police intervene and cool things off. Sadly for the client, he was arrested and charged with Domestic Violence Assault. Result: DA initially sought a jail sentence of 364 days with all but 10 days suspended, completion of certified batterers intervention program and 2 years probation. I informed the DA that based on my client's injuries (the photos of his back were horrific as he looked like he was mauled by a wildcat), the only resolution besides a dismissal of the charges that we were willing to accept would be a no-cost filing. We came to court prepared to try the case and were pleasantly surprised when the DA agreed to file the case at no cost to my client. Client's bail was released and case was subsequently dismissed. --- ### STATE v. R.H. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-h/ - Cases Categories: Criminal Speed Charge: Criminal Speed Maximum Penalty: 6 months jail; $1,000. 00 fine Summary: The client had picked up her children from camp and was racing to make her flight back to her home state when she was tagged for exceeding the speed limit by approximately 32mph. Client, who had no criminal history and never even had a speeding ticket, was summonsed for Criminal Speed. Result: We were able to negotiate a dismissal of the criminal charge and the client admitted to exceeding the speed limit by 9mph and was given a traffic ticket for the same. A fine of $500. 00 was imposed but the client avoided the criminal charge and was given the lowest possible speed violation bracket offense. --- ### STATE v. S.R. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-r-2/ - Cases Categories: Domestic Violence Charge: Domestic Violence Assault Maximum Penalty: up to 364 days incarceration, 2 years probation, 48 week certified batterers intervention program, and a $2,000. 00 fine Summary: Our client and her husband were involved in an argument over financial problems that escalated into violence. Her husband shoved her into the kitchen cabinets and wrestled her to the floor. She pushed him away and fled the home. She sustained a mild concussion, an injured shoulder, and a sprained wrist. He presented with scratches on his neck. The responding officers arrested our client and charged her with Domestic Violence Assault. Result: Our client, a licensed health-care practitioner, could not afford ANY conviction. The collateral consequences of the charged crime included her inability to get employment in her chosen field. We had to secure a dismissal. We hired a private investigator, interviewed the parties and other witnesses, and showed the prosecutor that the husband initiated the attack. Our client merely shoved him away to escape further injury. In this he-said/she-said environment, we were forced to get convincing witness testimony. Eventually, the prosecutor dismissed the charge and our client was free of her nightmare. She can now continue to work in her healthcare field. --- ### STATE v. P.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-g/ - Cases Categories: Criminal Speed, OUI, DUI, and DWI, Traffic Charges Charges: OUI Refusal, Aggravated OUI (Class "C" felony), Reckless Conduct with a Deadly Weapon (Class "C" felony), Aggravated Assault (Class "B" felony) Maximum Penalty: 31 years prison; $32,000. 00 fine; 14 month loss of license Summary: Client was allegedly driving at a high rate of speed (in excess of 70mph) on a winding back road (25mph zone) when he lost control of his car, vaulted an intersecting road and crashed directly into a tree, totaling his car and severely injuring his passenger. The "victim" in the case suffered severe back injuries that required lengthy rehab and treatment to recover from. Client was subsequently investigated and arrested for OUI. Client was brought to the local hospital where he allegedly refused to submit to a blood test. Result: Local law enforcement did a shoddy investigation and failed to do a proper accident reconstruction in this case. In addition, we had video evidence that supported our assertion that my client wasn't impaired by alcohol and instead, was suffering from injuries sustained in the accident. We also successfully argued that my client never refused to take a blood test and that the entire case was botched by the investigating officer. As a result of our efforts, we secured dismissals of ALL four original charges. As part of a plea agreement, my client pled guilty to a single count of Reckless Conduct (non-driving misdemeanor offense) and was placed on probation for a period of one (1) year. Client was required to attend the 7 day... --- ### STATE v. C.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-g/ - Cases Categories: Theft Charge: Theft by Deception, a class C Felony Maximum Penalty: Up to 5 Years Incarceration, and up to a $5,000. 00 Fine. Summary: Our client, in a difficult financial position and abusing mind-altering drugs, failed to cancel her unemployment compensation when she found new employment. Result: The State's evidence against our client was overwhelming, and our only option was to explain why she took the actions, what she was doing to get off the drugs and rebuild her finances, and how she planned to repay the State funds. We worked with her therapist, her physician, her rehabilitation counselors, and her current employer. During the time of the litigation, our client was able to successfully complete drug rehabilitation, gain good employment, and save a substantial amount of funds toward restitution. The Prosecutor agreed to offer her a second chance and dismissed the felony. Our client entered a guilty plea to a misdemeanor, with no incarceration and no fines. She agreed to repay the monies stolen from the State. She was happy that we helped her avoid a long prison term, a sizeable fine, and a felony conviction. --- ### STATE v. D.L. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-l-2/ - Cases Categories: Sex Crimes Charges: 4 Counts of Possession of Sexually Explicit Material (Class "C" felonies) Maximum Penalty: 20 years prison (5 years on each count); $20,000. 00 fine and 2 years of probation Summary: Members from the local PD paid a visit to my client and asked to examine his laptop based on information obtained from NIMIC that my client has been downloading and distributing child pornography. My client complied with the PD's request and even went so far as to provide his password info for his laptop. It was soon discovered that the laptop contained child pornography. My client denied viewing the material for sexual gratification purposes. He was ultimately indicted on the charges. Result: Client was placed on deferred disposition for a period of 18 months with the end result being a dismissal of the felony charges and a guilty plea to a single count of Invasion of Computer Privacy (non-registerable misdemeanor offense). Client was given a psychosexual evaluation where it was learned that he posed no threat to children and never viewed the child porn with an eye towards sexual gratification. Ultimately, the client was acting as a "vigilante". He would track people down through online file sharing networks, find out who had child pornography, and then threaten to turn them into the police if they didn't take down the offensive content. While it was a noble ideal, it was still illegal. However, these facts as well as other issues presented to the DA got us into a position to... --- ### STATE v. R.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-m-2/ - Cases Categories: OUI, DUI, and DWI, Traffic Charges Charge: Leaving the Scene of an Accident (personal injury) and OUI (. 28% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500 fine; 150-day loss of license Maximum Penalty: 364 days jail; $3,000. 00 fine; 150-day loss of license Summary: Client was involved in a hit-and-run accident. The client fled the scene and raced to his summer home where he was confronted by local security and members of the Maine State Police. The client appeared to be heavily intoxicated on the cruiser videos provided and even got belligerent with the arresting police officer. Client blew a . 28%, which is 3 1/2 times the legal limit. Result: The client initially retained another attorney to represent him. The client's first attorney told him that there wasn't much he could do to help and that the DA was seeking (and likely to get) 30 days jail for the hit-and-run and OUI charges. The client was terrified of the prospect of jail and ended up retaining my services. We did an extensive interview with the client and reviewed his medical records, where it was determined that not only had my client been diagnosed with hyperglycemia 6 days prior to the OUI, based on his glucose levels, he was diabetic. We suggested a meeting with an endocrinologist for the purpose of evaluating the client and diagnosing him with diabetes. We then got a forensic chemist involved who reviewed my client's medical records and agreed with our defense that the client was likely in a state... --- ### CC v. JC - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/cc-v-jc/ - Cases Categories: Divorce Case: Divorce, with a serious child custody battle. Summary: Ever had to deal with a family bully who tries to control your life? Who falsely accuses you of abuse? Who prevents you from visiting with your child? That's why our client came to us. He was tired of playing the game, and sought relief from the Court through divorce. Result: Divorce was granted, and our client was awarded generous rights of visitation with his son. The day after the final hearing was the first time our client visited with his son in over 7 months. He is thrilled that he no longer is being bullied and can be with his son and share his life as he grows up. --- ### STATE v. T.W. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-w/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Mandatory Minimum Penalty: 150-day loss of license; $500 fine Maximum Penalty: 150 day+ loss of license; $2,000. 00 fine; 364 days jail Summary: Client was observed "blowing through a stop sign" by a police officer. The client was driving at a high speed and ultimately, was able to evade the officer long enough to pull into a driveway and stay out of sight. Unfortunately for my client, he failed to turn his headlights and motor off. The officer observed the tail lights on and the car running as he drove past the driveway. The officer was then able to identify the car as the one he previously observed "blowing through a stop sign" just moments earlier. The client admitted to the recent consumption of alcohol and was put through some field sobriety tests. The client "failed" the field sobriety tests and was placed under arrest for suspicion of OUI. Client blew over the legal limit. Result: DA agreed to drop the case down to Driving to Endanger for a 30-day loss of license and a fine of $750. 00. The client had recently been diagnosed as pre-diabetic and we discovered that his glucose levels would have put him into ketoacidosis, which would explain the elevated breath test result. --- ### STATE v. T.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-s/ - Cases Categories: Sex Crimes Charges: Gross Sexual Assault (Class "A" Felony); Unlawful Sexual Contact (Class "C" Felony) Maximum Penalty: 30 years on the Class "A" and 5 years on the Class "C" = 35 years prison and $30,000. 00 in fines plus a lengthy term of probation. Summary: Client, a middle-aged man, lived next door to a young girl (age 13) and developed what he believed to be a platonic relationship. The young girl became infatuated with the client and attempted to seduce him. Her advances were rebuffed. Months later she claimed that my client had had intercourse with her against her will and indicated that he was attempting to entice her into a sexual relationship for months. Client was shortly served with an arrest warrant for the alleged conduct. Result: During our investigation into the "victim's" background, we learned that she had accused another man of sexually assaulting her. In addition, we learned that the lead detective on the case was telling witnesses not to speak with our private investigator. Because of the "victim's" credibility issues, the police tampering with our investigation and the length of time that had passed from the alleged conduct to the time of the report, the DA agreed to dismiss both felony charges and my client pled guilty to a single count of Assault (Class "D" Misdemeanor). The client was sentenced to a year of probation and no jail time as well as a fine of $300. 00. Needless to say, my client was thrilled to clear his... --- ### STATE v. G.C. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-g-c-2/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 14-month loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 month loss of license Summary: The client had been arguing with his girlfriend and as a result, pulled into a parking lot and let her out of his car. The girlfriend ran into the store and the client sped off. This was all in the presence of local law enforcement who took it upon themselves to investigate what they thought as a possible kidnapping. The client came back shortly and went into the store to speak with his girlfriend. Instead of asking the girlfriend if she was OK, the police began questioning my client and then detained him outside for additional questioning. The client was then put through a battery of roadside agility tests, which he performed admirably. Ultimately, the client became angry with the police for the arrest and refused to take a breath test. Result: After intense negotiations with the DA, the OUI Refusal was dismissed in return for a plea of guilty to Driving to Endanger and a fine of $575. 00. The client is from out of state and his license will not be affected by the Driving to Endanger conviction. Therefore, the client will be able to continue to commute back and forth for work without any negative impact on his home state license. --- ### STATE v. M.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-m-2/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 14 months loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 months loss of license Summary: Client, a police officer from another state, was visiting Maine with his fiancé. He admittedly had a few drinks before going out on the town to find a restaurant that evening. Client got lost as he was unfamiliar with the area and was stopped for allegedly weaving within his lane and speeding. Client was administered field sobriety tests and was ultimately arrested on suspicion of OUI. Client refused to take the breath test back at the station. Result: DA dismissed the OUI Refusal immediately prior to our hearing on a motion to suppress and client pled guilty to Driving to Endanger. We had good facts and good issues for suppression and were confident that even if we failed to prevail at the hearing, we could secure an acquittal at trial. However, client was concerned about the possibility of an OUI conviction as that would likely result in a lengthy suspension from his police department. --- ### Bail Argument Victory - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/bail-argument-victory/ - Cases Categories: Criminal Speed, Domestic Violence, Theft My client was charged with felony bail violation where the underlying crimes for which he was originally bailed on included Burglary, Aggravated Criminal Trespass, Domestic Violence and Witness Tampering. The state asked for $10,000. 00 bail, which I argued was an outrageous request that was unsupported by the circumstances of the crime or the client's criminal history. After a lengthy bail argument, the court agreed with my analysis of the State's case and set bail in the amount of $500. 00. My client was grateful. --- ### STATE v. C.R. - OUI / DUI BrAC Charge - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r-oui-dui-brac/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (. 17% BrAC) Mandatory Minimum Penalty: 48 hours jail; $500 fine; 150-day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: The client was the purported passenger in a single-vehicle crash. Police didn't believe that the client was the passenger wasn't driving and pressed the driver and client for over an hour on their stories. The client eventually admitted to being the driver and was arrested for OUI. Client blew a . 17% BrAC. Result: The client's Miranda rights were violated during the interrogation, which resulted in a good argument to have her admission to driving thrown out. Without being able to place the client behind the wheel, the state would have had a tough job proving the OUI if they couldn't get the driver's friend to testify. DA dismissed the OUI and the client pled guilty to Driving to Endanger for a fine of $575. 00 and a 30 day loss of license, concurrent with the BMV suspension. Client was thrilled since this was the second time in 4 years we got the client off the hook for an OUI. --- ### STATE v. A.W. - Theft & Criminal Mischief - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-w-theft-criminal-mischief/ - Cases Categories: Criminal Speed, Theft Charges: Burglary; Theft by Receiving & Criminal Mischief Maximum Penalty: 11 years prison and a fine of $12,000. 00 Result: Burglary charge was dismissed in return for a plea to 2 misdemeanors. Client was placed on administrative release and avoided prison time. Client was ordered to pay restitution. --- ### STATE v. N.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-n-s/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (2nd offense) with a high test (. 21% BrAC) Mandatory Minimum Penalty: 3 year loss of license; 7 days jail; $700 fine Summary: Client was stopped for speeding and ultimately arrested for OUI. The key in this case is that the client's previous OUI was wrongfully obtained and in violation of the client's constitutional right to counsel. We filed a motion to strike the prior OUI as a negotiating tactic since the new OUI was essentially indefensible. Result: DA was originally looking for jail time as well as probation. As a result of the pending motion to strike, the DA agreed to reduce the charge to a 1st offense OUI resulting in imposition of a sentence that included the alternative sentencing program and a 150 day loss of license. --- ### STATE v. J.C. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-c-2/ - Cases Categories: Assault, Sex Crimes Charges: Unlawful Sexual Contact (Class "C" felony); Assault (Class "D") Maximum Penalty: 6 years prison if convicted on both charges; $7,000. 00 fine Summary: Client was accused of "fondling" his daughter's best friend during a camping trip. The "victim's" story never made sense and her recollection of the events was contradicted by a lot of the evidence my PI team was able to secure on the client's behalf. The event allegedly occurred in the morning while my client's wife was cooking breakfast (less than 10 feet away from the girls' room). Furthermore, my client had to climb over his daughter in order to get to the "victim". The story was highly implausible. Result: Client accepted a plea to simple assault in order to avoid the chance, however slim, of a felony conviction. Client avoided doing any jail time and was able to avoid being placed on the sex offender registry. The felony Unlawful Sexual Contact was dismissed in return for the plea to misdemeanor assault. --- ### STATE v. J.D. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-d-2/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 day suspension + 150 day suspension = 14 months loss of license; $700 fine Maximum Penalty: 364 days jail; $2,000. 00 fine; 14 month loss of license Summary: Client was stopped for inoperable plate lights. Officer smelled alcohol on the client's breath and the client admitted to consuming alcohol. Officer had the client step out to perform field sobriety tests. The client performed poorly and was arrested for OUI. The client refused to submit to a breath test. Result: OUI Refusal dismissed at docket call and the client pled guilty to Driving to Endanger for a fine of $1,000. 00 and a 30-day loss of license. We had a strong motion to suppress evidence tee'd up based on no RAS for the field sobriety tests. In addition, there were some discovery violations that we were able to press to our advantage during our negotiations. Those were the primary reasons for the dismissal of the OUI refusal charge. --- ### STATE v. K.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-m/ - Cases Categories: OUI, DUI, and DWI Charges: OUI (. 14%) Mandatory Minimum Penalty: $500 fine; 150 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Summary: Client was stopped for speeding. Officer observed the odor of burn marijuana and client admitted to smoking marijuana earlier in the day. Client exhibited signs of intoxication and ultimately refused to perform field sobriety tests. He was placed under arrest and brought to the station where a breath test was administered. Client blew a . 14% BrAC. Result: Client pled guilty to Driving to Endanger for a fine of $1,000. 00 and enrollment in the 48 hour ASP program. OUI was dismissed. --- ### STATE v. K.F., et al - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-f-et-al/ - Cases Categories: Theft Offense: Burglary; Hindering Apprehension and Prosecution Maximum Penalty: 15 years prison; $25,000. 00 fine Summary: Client was traveling down the road when she was car-jacked by 2 unknown assailants who threatened to kill her if she didn't drive. While getting into the car, one of the assailants fired his pistol at his pursuer, narrowly missing him. The pursuer had just discovered his home had been burglarized and was chasing the 2 assailants on foot. Initially, client was seen as the victim of the car-jacking but later, suspicion fell upon her as a co-conspirator to the crime. Ultimately, she and her 2 friends were charged with the crimes. Result: Client and her 2 co-defendants waited more than 3 years for trial. Prior to trial, we litigated a motion to dismiss all charges due to a violation of her speedy trial rights. We had an alibi witness who was ready to testify in the case back in 2013 but due to an unreasonable delay caused by the state, the alibi witness was no longer available. Court granted our motion to dismiss all charges with prejudice! Client may now go about her life without the concern of criminal charges looming over her head. --- ### UNITED STATES of AMERICA v. C.J. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/united-states-of-america-v-c-j/ - Cases Categories: Sex Crimes Offense: Possession of Child Pornography (Federal charges) Maximum Penalty: 120 months of prison time Summary: The client was accused of downloading, distributing and viewing child pornography through a peer to peer (P2P) network, following the execution of a search warrant on the client's home. Child pornography material included over 4,000 images of pre-pubescent teens as well as images that constitute sadistic and masochistic content under federal definitions. Client, who had no criminal history, was originally facing 135-168 months federal prison time. However, the statutory maximum penalty for this crime was 120 months (10 years) prison. Result: In large part to pre-trial intervention undertaken at the recommendation of myself, the client was able to avoid a lengthy period of imprisonment for the conviction. The judge imposed a sentence of 30 (thirty) months, which was a 75% reduction of the Guidelines sentence the client was facing. During sentencing, the judge remarked on the fact that my client did not constitute the "ordinary" offender that she normally sees of sentencing on similar child porn cases and indicated that part of the reduction in sentencing was attributable to the client's post-detention work on himself. While no one wants to do any time in federal prison, a sentence of 30 months is remarkable in light of the Guideline sentence of 120 months that my client was facing prior to getting me involved on his behalf. --- ### STATE v. G.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-g-g/ - Cases Categories: OUI, DUI, and DWI Charges: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 275 days suspension + 150 days if convicted = 14 months loss of license; $700 fine. Maximum Penalty: 364 days jail; 14 months loss of license; $2,000. 00 fine Summary: Client was "relieving himself" next to his car in a parking lot of a closed business when he was approached by a local law enforcement officer. The initial inquiry quickly expanded into a full-blown OUI investigation. Client performed extremely poorly on the field sobriety tests and exhibited bizarre behavior according to the officer. Client ultimately refused to take a breath test and was summonsed for an OUI refusal. Result: OUI Refusal was dismissed in return for a guilty plea to a Driving to Endanger; a fine of $1,000. 00 and 48 hours in the alternative sentencing program. --- ### STATE v. R.O. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-o/ - Cases Categories: OUI, DUI, and DWI Offense: OUI (. 15%) Mandatory Minimum Penalty: 150 days suspension of driving privileges; 48 hours jail; $500 fine Maximum Penalty: 150 days loss of license; 364 days jail; $2,000. 00 fine Summary: Client was stopped for allegedly running over a curb and sidewalk in the presence of local law enforcement. Local police were conducting a DUI roadblock in a central Maine town and as a result of the client's driving maneuver, conducted an OUI investigation. Client was ultimately arrested on suspicion of OUI and brought to the PD for a breath test where client blew a . 15%. Result: Following a successful motion to suppress evidence, the court found that there was no probable cause for arrest. Therefore, all evidence of a breath test and all evidence following my client's arrest was tossed out by the presiding judge. The DA filed a dismissal of the charge and the client can now breathe easier as he no longer has to worry about the possibility of a criminal record. --- ### STATE v. B.K. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-k/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; 14 months loss of license (includes 275 day BMV suspension); $600. 00 fine Maximum Penalty: 4 days jail; 5 months loss of license, consecutive to the BMV suspension; $2,000. 00 fine Summary: Client is a CDL holder who was pulled over for an apparent tail light out. Officer ultimately initiated an OUI investigation and the client performed poorly on SFSTs. Client was arrested for OUI and brought to the station for a breath test. Client refused to submit and was charged accordingly. Result: DA agreed to dismiss the OUI Refusal charge and in return for a plea to Driving to Endanger. The result came about through a protracted negotiation with the DA who took the client's CDL license (and future) into consideration. Penalty imposed for the DTE was a fine of $575. 00 and a 30 day loss of license. --- ### STATE v. A.E. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-e-2/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 14 month loss of license (total including 275 day BMV suspension); 4 days jail; $600 fine Maximum Penalty if Convicted: 5 months loss of license; 364 days jail; $2,000. 00 fine Result: Refusal dismissed following a protracted negotiation with the DA and client pled guilty to Driving to Endanger for a $575. 00 fine and 30 day loss of license. --- ### STATE v. K.C. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-c/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 14%) Mandatory Minimum Penalty: $500. 00 fine; 150 day loss of license Maximum Penalty: $2,000. 00 fine; 150 day loss of license; 364 days jail Summary: Client was stopped for speeding and weaving within her lane. Client admitted to consuming alcohol earlier in the evening and exhibited signs of impairment. Client performed poorly on the field sobriety tests and was arrested for OUI. During the breath test, 2 error messages appeared, one of which was a . xxx result. Result: Due in large part to the officer's failure to restart the 15 minute wait period after experiencing a . xxx error message, the DA agreed that the test would likely be inadmissible. As a result, the OUI was dismissed and my client took a plea to Driving to Endanger for a fine of $1,000. 00 and a 30 day loss of license. --- ### STATE v. K.K. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-k-2/ - Cases Categories: Assault, Domestic Violence Charge: DV Assault (Class D) Maximum Penalty: $2,000. 00 fine; 364 days jail; 2 years probation; completion of the Certified Batters Intervention Program Summary: Client was arguing with her husband and another party reported the argument. Police arrived on scene and the husband indicated he was attacked by his wife who scratched his face and hit him in the genitals. Husband did not provide a written statement. Result: Case was dismissed. We successfully argued that the report the officer made of the events was totally inaccurate as there was no video/audio to back up what the officer reported. In addition, because the victim was no longer cooperating and didn't provide a written statement, the state had nothing to work with. State's attorney agreed and dismissed prior to hearing. Client was in law enforcement and was pleased to learn of the dismissal as it would have cost her her job if convicted. --- ### STATE v. C.D. - Domestic Violence - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-d-domestic-violence/ - Cases Categories: Assault, Domestic Violence Charge: DOMESTIC VIOLENCE ASSAULT Maximum Penalty: Punishable by up to 364 days in county jail and up to $2,000 in fines plus a $600 surcharge as well as 2 years probation and completion of the Certififed Batter's Intervention Program. Summary: Client allegedly struck and beat his wife following an argument. Client allegedly strangled client and pinned her down with his knees while he beat her with his fists. We successfully argued that our client was not guilty of an assault, but was engaged in an argument and that the victim had made up the "assault" because our client had severed his relationship with her and demanded that she leave the home. The victim was afraid that once she left she'd be literally out on the street with nowhere to go and no way to support herself. This was the impetus for the "story" she told the police. Result: The State Granted our client a second chance and offered a 15-month Deferred Disposition. Our client will engage in therapy, classes, and maintain a clean record during the deferred period. The State will dismiss the charges upon successful completion of the deferred period. --- ### STATE v. A.W. - Felony Burglary - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-w/ - Cases Categories: Criminal Defense, Theft Charge: FELONY BURGLARY Punishable by up to 10 years hard time in state prison; up to $20,000 in fines plus a $6,000 surcharge; and up to $1,500 in restitution. Summary: We argued that our client did not know he was involved in a criminal activity until the officers stopped his car. The State argued that he should have known; however, they ultimately dismissed the serious felony charge after a long period of intense negotiations. Result: Our client won a one year Administrative Release on misdemeanor charges, paying only his share of restitution. The remaining misdemeanor charges will be dismissed upon successful completion of the one-year release period. Our client avoided a serious jail sentence as well as a felony conviction. --- ### STATE v. C.R. - OUI / DUI Charge - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r-oui-dui-charge/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 14% BrAC) Mandatory Minimum Penalty: 150 day loss of license; $500 fine Maximum Penalty: $2,000. 00 fine; 364 days jail; 150 day loss of license Summary: Client was allegedly driving her SUV when she lost control and crashed into a ditch. Client and passenger were uninjured and a call was made to 911 for help. Police arrived on scene and were convinced that the client had been driving. As a result, they placed her in the back of their cruiser and interrogated her for nearly 1 hour without the benefit of Miranda. Client ultimately admitted to driving and she was charged with OUI. Result: Due to the Miranda violation, client's statements were inadmissible. However, the passenger ultimately told the police that the client was driving so the state could still pursue the case based on the passenger's statements. Ultimately, we resolved the case by getting the OUI dismissed and the client pled guilty to Driving to Endanger for a fine of $575 and a 30 day loss of license. Client was pleased as this was the 2nd time she'd been charged with OUI in the past 3 years and this was the 2nd time we'd gotten her out of the charge due to police mishandling of the case. --- ### STATE v. M.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-p/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (. 17% BrAC) Mandatory Minimum Penalty: 48 hours jail, $500. 00 fine, 150 day loss of license Maximum Penalty: 364 days jail, $2,000. 00 fine 150 day loss of license Summary: Client was stopped for erratic operation and ultimately arrested and charged with OUI. Client performed poorly on the field sobriety tests. Result: We discovered upon review of the Intoxilyzer video that the police officer didn't conduct a proper 15 minute wait period. In fact, the officer left the room during the wait period, thus invalidating the test. As a result, the DA agreed to a deferred disposition for a period of 1 year with the case to be dismissed after one year in return for a plea to Driving to Endanger. Client was thrilled as we saved the client a 150 day suspension as well as jail time. --- ### STATE v. J.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-s/ - Cases Categories: Traffic Charges, Violating Conditions Charge: Operating with a Suspended Registration Maximum Penalty: $1,000. 00 fine Summary: We all get busy with life. Sometimes, we forget to take care of some important responsibilities, such as registering our cars. Such was the case with this client. It was an honest mistake and we were able to convince the DA that a conviction in this particular case was unnecessary. Result: Filed for a period of 1 year and a filing fee of $300. 00. Case to be dismissed after one year. --- ### STATE v. J.K. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-k-2/ - Cases Categories: OUI, DUI, and DWI Charge: OUI (drug) Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day license suspension Summary: Client was a power line worker who was working in Maine to bring our citizens back online with power, following a huge ice storm. Client was from out of state and a conviction for OUI would mean a loss of license and his job. Client was stopped for operating his unmarked truck while operating an emergency "yellow" light. During the stop, the officer observed indicia of intoxication and had him step out of the vehicle to perform field sobriety tests. The Client performed poorly and was arrested for OUI. He tested positive for marijuana in his system and was charged with a drug OUI. Result: The OUI was dismissed in return for a plea of guilty to Driving to Endanger for a fine of $575. 00 and a suspension of his privilege to drive in Maine for 30 days. Since the Client has an out-of-state license, the 30 days will not be honored by his home state and he continue to drive everywhere else during that time period. Client was very pleased with the outcome. --- ### M.C. v. B.L. (Protection from Abuse) - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/m-c-v-b-l-protection-from-abuse/ - Cases Categories: Domestic Violence I represented a female client with two minor children in an abuse hearing against the children's father. The Court awarded her a temporary Restraining Order based on my complaint, and we appeared in Court to defend her request for a permanent Restraining Order. We successfully negotiated an agreement with the father to provide my client with all the protection she wanted while allowing the father to walk out of court without an official finding of abuse against him. Both parties were satisfied with the results. The father goes to counseling and will earn the right to restore his normal rights to visitation with the children as he proves he no longer poses a threat to their safety and well-being. The children win too, with an opportunity to grow up with both parents active in their lives. At the Law Office of William T. Bly we prefer to engage the parties in a spirited negotiation rather than an acrimonious court hearing. People obey agreements they have a hand in negotiating more than they obey an order handed down by a Judge who is a stranger to the parties and their family. Our clients feel as if the justice system has served them personally rather than having gone through a numbing, scary public court hearing. Negotiated agreements prevent a public airing of the parties' dirty laundry, where a moment of angry accusations can ruin an otherwise salvageable relationship forever. Of course, if our opposing party wants to become strident and accusatory, we... --- ### STATE v. K.Q. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-q/ - Cases Categories: Assault, Domestic Violence Charge: Domestic Violence Assault Mandatory Minimum Penalty: 2 years probation, attendance at the certified batters intervention program Maximum Penalty: 364 days jail, 2 years probation, attendance at the certified batters intervention program Summary: Client and ex-husband had a tumultuous history with the ex-husband as an abuser. Client was attempting to discuss her daughter's substance abuse issues with the ex-husband who wasn't receptive to the conversation. Client threw an empty beer can towards the ex in order to get his attention. Unfortunately, the ex was hit by the empty can and used that as an opportunity and pretense to call the police and complain of an assault. Result: Client agreed to file the case for $500. 00 and dismiss the case after 12 months. Client was relieved to get this charge resolved in her favor. --- ### STATE v. J.G. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-g-2/ - Cases Categories: Drug Crimes, OUI, DUI, and DWI Charge: OUI Refusal; Possession of Marijuana: Posession of Drug Paraphernalia Mandatory Minimum Penalty: 4 days jail; 1 year loss of license if convicted; $1,400. 00 in fines Maximum Penalty: 364 days jail; $3,000. 00 in fines Summary: Client crashed his car into a telephone pole, taking it out and wrecking his car. Client was found wandering around by a neighbor who also observed the client throw a marijuana bong into the woods. Client was confronted by an overly aggressive local police officer who leaped to the conclusion that the client was driving drunk that night. Emotions escalated and the client grew hostile due to the officer's aggressiveness and condescending tone. Client was ultimately arrested for OUI and refused to take a breast test. Result: OUI Refusal, Possession of Marijuana and Possession of Drug Paraphernalia were dismissed in return for a plea of guilty to Driving to Endanger and a $1,000. 00 fine. Client was thrilled with the outcome. --- ### STATE v. J.L. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-l-2/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalty: 14 months loss of license; $600 fine; 4 days jail Maximum Penalty: 14 months loss of license; $2,000. 00 fine; 364 days jail Summary: Client was driving on the wrong side of the road when he nearly struck a local police cruiser head-on. The client was stopped and ultimately asked to perform field sobriety tests. The client failed all SFSTs miserably. The client was brought to the sheriff's office where he refused to take go in and complained that he was feeling "suicidal". The client then admitted to the officer that he was delaying as long as possible so he could sober up. The client was brought to the hospital and ultimately refused to submit to a blood test. The client pretended he couldn't speak English and that he couldn't understand anything being asked of him. All of this was captured on video, which obviously hurt the client's cause. Result: Through lengthy negotiations, the DA agreed to strike the Refusal and the client pled guilty to OUI for a fine of $500 and no jail. This was a particularly difficult case as all of the interaction between the officer and the client was captured on video. Furthermore, the client was extremely belligerent during the investigation and booking process. --- ### STATE V. W.B. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-w-b/ - Cases Categories: Violating Conditions Charge: Operating after Suspension & Driving without a License Summary: Client had previously been suspended by his home state on two separate occasions. Client was stopped for speeding and when he provided his license to the officer, the officer ran him through the system and discovered he was suspended. Client was summonsed for the 2 criminal offenses and retained our office. Result: Through negotiation, Attorney Taitt was able to hammer out a deferred disposition agreement. The client agreed to attend a defensive driver course and maintain a clean driver history for a year and in return, the charges would be dismissed. Client was able to avoid being labeled as an habitual offender by his home state as a result of the deferred disposition agreement. --- ### STATE v. J.Nvt. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-nvt/ - Cases Categories: OUI, DUI, and DWI, Traffic Charges Charge: OUI (. 17% BrAC); Leaving the Scene of an Accident; Disorderly Conduct Maximum Penalty: 364 days jail on the OUI and a $2,000. 00 fine; 180 days and a $1,000. 00 fine on each class E misdemeanor Mandatory Minimum Penalty: 48 hours jail, $500. 00 fine, 90 day loss of license Summary: Client had just returned home from a combat tour of duty in Afghanistan and was taking a vacation with his girlfriend in southern Maine. Like many of our veterans, the stress of combat had unforeseen effects on my client, including irrational behavior when confronted by an authority figure and a flight or fight response due to stress. Client was severely intoxicated and lost control of his vehicle, striking a mailbox and going off the road. Client became combative when confronted by local police and was ultimately arrested for OUI. Client attempted to fight the officer during the breath testing process. Result: to the client's excellent service history and the well known effects of PTSD on veterans, the DA agreed to dismiss all the charges as part of a deferred disposition agreement with the end result being a conviction on a Driving to Endanger charge with a $1,000. 00 fine. This allowed the client to remain in the military and finish out his service through retirement. --- ### STATE v. C.M. - OUI / DUI Refusal - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-m-oui-dui-refusal/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal Mandatory Minimum Penalties: $700 fine; 1 year loss of license (275 days for the BMV suspension and 90 days for the conviction); 4 days jail Maximum Penalty: $2,000. 00 fine; 364 days jail Summary: Client was stopped for speeding. Client was slurring his speech and had difficulty retrieving his documents. Client performed poorly on the field sobriety tests, especially the ABCs. Client was arrested for OUI and ultimately, refused to take a breath test. Result: Through careful negotiation with the DA, we were able to get the OUI Refusal dismissed and the client pled guilty to Driving to Endanger for a fine of $575. 00 and a license suspension of 30 days. --- ### STATE v. M.C. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-c/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Maximum Sentence: 364 days jail; 90 day loss of license; $2,000. 00 fine Mandatory Minimum Sentence: $500 fine; 90-day loss of license Summary: Client was stopped for speeding. While speaking with the client, the police officer noticed that the client had "booze" on his breath and that his movements appeared to be slow and deliberate. Officer also indicated the client had slurred speech. The client was put through some field sobriety tests and ultimately, arrested for suspicion of OUI. Client blew a . 10% BrAC back at the station. Result: The client was applying for US citizenship and this case was keeping him from doing so. The client was concerned that a conviction would result in a denial of his citizenship application and since he was recently married and had a good job here in the states, he couldn't afford to see that fall apart. While reviewing the police video that was provided to me by the DA, I learned that the waiting period was improperly performed. DA agreed that the case could not proceed to trial. OUI was dismissed in exchange for a traffic ticket for failure to maintain lane. --- ### STATE . J.N. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-j-n/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Refusal and Refusal to Sign a Uniform Summons & Complaint (USAC) Maximum Penalty: 364 days jail; $2,000. 00 fine; 1-year loss of license on the OUI Refusal. 180 days jail and $1,000. 00 fine on Refusing to Sign USAC. Mandatory Minimum Penalty: 4 days jail; $700 fine; 1-year loss of license (275 for the admin suspension and 90 days for the OUI). Summary: The client was coming home after dinner and following a long day of work. The client was driving on a rural road when a deer jumped out in front of him, causing him to swerve and roll the van into a ditch. The client was badly shaken up and had struck his head on the window when the van tipped over. The client had also urinated on himself due to a bladder condition. Police arrived on the scene and arrested him shortly after he refused to perform field sobriety tests. The client was brought back to the police station and refused to take a breath test. Result: On the day of jury selection, the DA offered to file all charges for no costs for a period of 9 months with the charges to be dismissed at the end of the filing period. The client accepted the offer, which was a "no-brainer" decision. The client was relieved the case was over and ecstatic with the outcome. The reason this outcome was achieved was due in large part to being prepared to pick a jury and try... --- ### STATE v. N.B. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-n-b-2/ - Cases Categories: Criminal Defense, OUI, DUI, and DWI Charges: 2 counts of Class "C" Criminal Mischief (felonies), 1 count of OUI Refusal Maximum Penalty: 5 years on each felony, 364 days jail on the OUI Mandatory Minimum Penalty: 4 days jail; $700 fine; 1 year loss of license (275 days for the Refusal and 90 days for a conviction for OUI) Summary: In a case that made regional news as far south as Boston, MA, my client was accused of OUI, texting while driving and 2 counts of felony criminal mischief. The client crashed into two York Police cruisers that ironically, were parked on the side of the road and conducting an unrelated OUI investigation. Client was asked to perform field sobriety tests (which the client failed) and the client was ultimately arrested for suspicion of OUI. The client was brought to a local hospital where a blood test was administered. The client's blood test was well above the legal limit. Result: Both felonies were dismissed in return for restitution payments to the York PD and client pled guilty to a straight OUI with no jail. We won the BMV hearing so the 275 day suspension did not apply and client lost his license for a total of 90 days. The case hinged on the state's ability to prove the OUI and Refusal as the hospital blood test was inadmissible. Since the client agreed to allow the police to retrieve his medical records (which contained a hospital blood test result), the case did not warrant a refusal. Client... --- ### STATE v. J.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-m-2/ - Cases Categories: OUI, DUI, and DWI Charge: OUI Maximum Penalty: 364 days jail; $2,000. 00 fine; 150 day loss of license Mandatory Minimum Penalty: 150 day loss of license; $500. 00 fine Summary: Client was stopped for running a red light and speeding through a high traffic area for pedestrians located near the local university. Client was asked to perform field sobriety tests and according to the officer, performed poorly. Client was arrested and brought to the police station where a breath test was administered. Client blew a . 13%. Result: DA agreed to dismiss the OUI and client pled guilty to Driving to Endanger. One of the main reasons for this decision was that the client was able to supply us with medical records that showed the client had a candida infection, which would account for the high breath test. --- ### STATE v. J.R. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-r/ - Cases Categories: Criminal Defense, Theft Our client is a USMC hero, with three tours of duty in Fallujah, Iraq, where he and his unit fought house to house and freed the local citizens from the tyranny of the Taliban. He fought alongside his Marine ‘buddy' where they saw unimaginable horrors of war. Their vehicles were hit with IEDs several times and our client once scooped the body parts of his commanding officer into a body bag while taking sniper fire. Understandably he returned from Iraq to Maine with severe PTSD and could not reengage in civilian life. He was charged with Robbery with the Use of a Firearm, a class A felony. He faced a maximum sentence of 30 years and a fine of up to $50,000. The State was rightly determined to punish him and his codefendant. At the same time the judicial system was determined to give returning veterans experiencing PTSD and substance abuse issues a second chance if they would submit to rigorous rehabilitation through the newly established Veteran's Court operating in Augusta. We learned of this new rehabilitation opportunity and arranged meetings with the team to determine whether our client might be a good candidate for the program. Justice Mills graciously granted us full access to her and the entire team, all the while stressing the urgent responsibilities our client would bear if he were accepted into the program. The program is compassionate, yet tough and rigorous. Only the strong-willed need apply. We contended with the local prosecutor, whose office was... --- ### STATE v. T.L. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-l-2/ - Cases Categories: Assault, Domestic Violence Charge: Domestic Violence Assault Maximum Penalty: 364 days jail; 2 years probation; 48-week batterers program; $2,000. 00 fine Mandatory Minimum Penalty: 2 years probation; 48-week batterers program Summary: The client was going through some tough times with his wife. Little did he know, but she was having an affair on him. The client found out and confronted his wife with this information and an argument ensued. The wife alleged that the client shoved her and then grabbed her, preventing her from leaving. The client admitted to grabbing his wife but only in order to calm her down as she was acting erratically. The client denied shoving his wife. Result: The client was placed on deferred disposition with a requirement that he undergo a psychological examination and counseling to the satisfaction of his counselor. Case to be fully dismissed after one year. --- ### STATE v. J.V. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-v/ - Cases Categories: Assault, Sex Crimes Our client was charged in Juvenile Court with Sexual Assault, a class A felony. He faced penalties of a lifetime presence on the Maine Sex Offenders Registry, a lifetime ban on many employment opportunities and a lifetime ban on federal educational loans. He would forever be forced to list his address with the local town in which he lived, and face the banishment of his neighbors. He faced incarceration until the age of 25, in first, a juvenile detention facility and later in an adult penal institution. If we did not successfully adjudicate his charges, his life was ruined. Like most juvenile offenders he was from a broken home where his parents used him as a weapon in their continued hatred of each other. His welfare and benefit were never on their minds. And this hatred extended to his rehabilitation efforts during the adjudication of this offense. Neither of his parents would support him as he attempted to regularly attend school, attend therapy sessions and attend life coaching sessions generously provided by the State. This is why we fight so hard in our family matter divorce cases to teach the parents how to co-parent for the welfare and benefit of their children. His ‘crime' was to have consensual sex with a minor who lied about her age. His sexual partner covered her indiscretion with her parents by falsely charging him with raping her, not an uncommon event in such juvenile cases. Neither he nor his parents believed his actions were... --- ### STATE v. C.P. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-p/ - Cases Categories: Assault, Domestic Violence Charge: Domestic Violence Assault Mandatory Minimum Penalty: Partially or fully suspended sentence with 2 years probation and completion of the certified batters intervention program Maximum Penalty: 364 days jail; $2,000. 00 fine; 2 years probation and certified batter intervention program Summary: Client was charged with DV Assault against his wife. The wife was holding their young daughter and acting irrationally. Client attempted to take the child from the wife who was running around the home screaming for him to leave her alone, all the while running with their infant. Client was terrified that the child would be inadvertently harmed by the wife's behavior so he restrained her and removed the child from her arms. Client was arrested for DV Assault. Result: Client's case was filed for 6 months with no costs and then dismissed at the 6 month mark. Client was not required to attend any counseling program or serve any jail time. --- ### STATE v. A.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-m-2/ - Cases Categories: OUI, DUI, and DWI Charge: 2nd Offense OUI with a . 30% BrAC Mandatory Minimum Penalty: 3 year loss of license; $700 fine; 7 days jail Maximum Penalty: 364 days jail; $2,000. 00 fine Summary: Client was heavily intoxicated and was pulled over by the Maine State Police for erratic operation. Client was ultimately arrested for OUI and blew a . 30% BrAC, which was more than 4x the legal limit! Result: Client had major mental health and substance abuse issues. Client enrolled in an in-patient substance abuse program shortly after the arrest. As a result of the tremendous amount of work that the client did on herself, without prompting by the DA, the charge was reduced to a 1st offense OUI with no jail and a fine of $500. 00. --- ### STATE v. L.F. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-f/ - Cases Categories: Drug Crimes Charge: Possession of Scheduled Drugs (Class C felony) Maximum Penalty: 5 years prison; 2 years probation; $5,000. 00 fine Summary: Client was camping at a local campground in the western mountains of Maine. Client was partying with other campers and was provided with MDMA by another camper. Client went to place the MDMA in his/her car. Client turned around and was immediately confronted by 2 police officers who were literally standing in Client's open door space. Result: We raised a viable issue for suppression in that the 2 police officers had conducted an illegal seizure of the Client when they stepped into his personal space, inside the door of Client's car. DA agreed to dismiss the felony charge and Client was placed on deferred disposition for a misdemeanor possession charge. Misdemeanor charge will be dismissed after one year as long as Client remains out of trouble during that period of time. --- ### STATE v. C.S. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-s/ - Cases Categories: Drug Crimes, OUI, DUI, and DWI Charge: OUI (drugs) Maximum Sentence: 364 days jail; 150 day loss of license; $2,000. 00 fine Summary: Client was charged with OUI after losing control of her vehicle and crashing into another vehicle. While no one was hurt, it was apparent that client might have been under the influence. Client was brought back to the PD and given a breath test where she blew a . 00%. Client was then evaluated by a DRE and found to be under the influence of prescription medications. Result: Client suffered from numerous maladies and ailments, including severe spinal issues that required the daily use of pain medications. Client was subjected to numerous field sobriety tests that in light of client's condition, were completely inappropriate. As a result of negotiations with the DA, an agreement was reached for a dismissal of the OUI charge and client pled guilty to Driving to Endanger for a fine of $575. 00 and a 30 day loss of license. --- ### STATE v. C.M. - Aggravated OUI / DUI - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-m-aggravated-oui-dui/ - Cases Categories: OUI, DUI, and DWI Offense: Aggravated OUI Mandatory Mandatory Minimum Sentence: 48 hours jail; $500 fine; 90 day loss of license Maximum Sentence: 364 days jail; $2,000. 00 fine; 90 day loss of license Summary: Client was stopped after running 2 stop signs on his motorcycle. Client performed reasonably well on field sobriety tests. Client was brought back to the PD for a breath test where he blew a . 18% BrAC. Client had a recent OUI dropped down to a DTE so the DA was treating this as a 2nd offense. Client suffered from GERD and we brought an expert on board to deal with the issue. Result: We picked a jury and on the day of jury trial, a void dire of my expert was undertaken by both sides. After the void dire, my client was offered a deferred disposition on an OUI with a drop down to a DTE, which he accepted. Because my client held a CDL, he couldn't risk a 1 year loss of license on an OUI conviction for his CDL. --- ### STATE v. D.W. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-w-2/ - Cases Categories: Criminal Defense, OUI, DUI, and DWI Offense: Refusing to Submit to Arrest; Criminal Mischief; OUI Refusal Mandatory Minimum Penalty: 4 days jail; $700 fine; 1 year loss of license Maximum Penalty: 2. 5 years jail; $5,000. 00 fine; 1+ year loss of license Summary: Client was stopped for driving a motor home in an erratic manner. Another motorist reported the client for driving drunk. Cop who stopped client was familiar with client due to previous incidents involving client. Client felt he was being unfairly targeted by cop and ultimately had to be pepper sprayed in order to comply with the cop's instructions. Client kicked out the radar unit in cop's car out of anger. Client was brought to the jail where cop indicated he gave client an opportunity to take a breath test and the client refused to comply. Result: On the day of trial and immediately prior to the jury being brought in to begin the case, the DA realized that the cop may have lied on his affidavit as it was clear from the jail video that he never read my client implied consent. We were aware of this fatal flaw in the case and were prepared to hoist the cop from the "yard arm" during a carefully constructed and brutal cross-examination of the officer, which was designed to destroy his credibility. Needless to say, the case did not proceed to trial and it was settled for a plea to Driving to Endanger for a fine of $575 and a plea to the Criminal... --- ### STATE v. M.H. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-h-3/ - Cases Categories: Assault, OUI, DUI, and DWI Offense: Aggravated Domestic Violence Assault (Class "B" felony) Maximum Penalty: 10 years prison; $20,000. 00 fine; 5 years probation Summary: Client was accused of brutally attacking and injuring his live-in girlfriend. The "victim" had injuries to her wrist, vertebrae, head and neck and ribcage; all of which were consistent with being repeatedly slammed into an object as the victim alleged occurred. Client insisted that the "victim snapped" and attempted to jump out a window. He insisted that he attempted to prevent her from severely injuring herself and that she began to throw herself repeatedly into a set of furniture. Client was concerned for the physical welfare of the "victim" and attempted to restrain her so she wouldn't cause herself any harm. Client insisted that he never tried to injure the "victim" and was only trying to keep her from injuring herself while she was in this highly emotional state. Result: Client insisted he was innocent and submitted to a polygraph conducted by our polygrapher. In addition to passing the polygraph with flying colors, our PI interviewed other witnesses who the police chose not to interview or missed during their initial investigation. Client's polygraph results as well as witness statements that greatly diverged from the victim's version of the events allowed for a more free-flowing discussion with the DA about the case. Ultimately, the DA invited my client to testify before the Grand Jury, which returned a "no-bill of indictment". As a result, the charges against my client were dismissed. This... --- ### STATE v. S.D. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-d-2/ - Cases Categories: Assault, Divorce Offense: Domestic Violence Assault Mandatory Minimum Penalty: 2 years probation; 1-year certified batter intervention program; $400. 00 fine Maximum Penalty: 364 days jail; 2 years probation; 1-year certified batter intervention program; $2,000. 00 fine Summary: The client had an argument with his girlfriend who had been consuming wine throughout the evening. The girlfriend became irate with the client because he wasn't showing her enough "appreciation" for some of the gifts she had bought him recently. The girlfriend attempted to take back the smartphone she had recently purchased for the client and a struggle ensued over the phone. During the struggle, the client attempted to calm the girlfriend down. Eventually, the girlfriend, who was unable to wrestle the smartphone from the client, called the police and accused the client of assaulting her. Result: Case dismissed on the day of trial. The girlfriend signed an affidavit with my private investigator recanting her earlier story. The girlfriend would testify that she was the aggressor and that she was impaired by alcohol as well as some mental health issues. DA dismissed the charge immediately before trial. --- ### STATE v. JON DOE - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-jon-doe/ - Cases Categories: OUI, DUI, and DWI Offense: 5th offense OUI in 10 years Mandatory Minimum Penalty: 6 months jail; $2,100. 00 fine; 8-year loss of license and loss of the right to register the vehicle Maximum Penalty: 5 years prison; $5,000. 00 fine; 8+ year suspension of driver's license Summary: Client was stopped for failing to move to the left of a police officer who was out conducting a traffic stop. Officer terminated his contact with the other driver and stopped my client for the traffic infraction. The client admitted to drinking 2 beers earlier in the evening and was given a batter of field sobriety tests. The client performed poorly and was arrested for the OUI. The client had numerous medical conditions that brought into question the accuracy of the field tests as well as the breath test itself. Result: I was able to negotiate the case from a 5th offense felony down to a 2nd offense misdemeanor in return for a jail sentence of 10 days and a license suspension of 3 years. The client avoided what would likely have been a prison sentence measured in years instead of months as well as the lengthy suspension. --- ### STATE v. P.O. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-o/ - Cases Categories: Drug Crimes Offense: Possession of a Scheduled Drug (cocaine) Maximum Penalty: $2,000. 00 fine; 364 days jail Summary: Client was snorting cocaine inside his car at a local Maine campground. 2 police officers, suspicious of the activity in the car approached and peered in through the car windows. While the police couldn't specifically see my client snorting cocaine, they inferred he was ingesting cocaine from the fact that he was rubbing his nose and gums, which they stated was indicative of cocaine use. Upon seeing this behavior, the police opened the client's car door and asked him where the cocaine was. The client immediately gave up the cocaine, which amounted to a few grams. Outcome: I successfully argued to the DA that the act of opening the car door was a warrantless search, unsupported by probable cause or exigent circumstances. The DA agreed to file the case for 1 year for a filing fee of $600. 00. The case will be automatically dismissed after the expiration of 1 year without any further action by me or my client. --- ### STATE v. J.A. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-a/ - Cases Categories: Alcohol Crimes, Criminal Defense Charge: Aggravated Criminal Mischief (class "C" felony) Maximum Penalty: 5 years prison; $5,000. 00 fine Summary: Client was transported by ambulance due to severe alcohol intoxication. Client, who was heavily intoxicated and disoriented, became combative and ripped the IVs out of his arm and began destroying equipment in the ambulance. Damages were estimated to be in excess of $2,000. 00. Result: Through a long process of negotiations, we were able to get the DA to dismiss the felony criminal mischief charge in return for a deferred disposition on a misdemeanor criminal mischief charge (class "D" misdemeanor). Case was then dismissed after 6 months on the deferred disposition, following restitution that was paid to the rescue squad whose ambulance was damaged. --- ### STATE v. S.E. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-e/ - Cases Categories: Criminal Defense, Domestic Violence Offense: Domestic Violence Assault; Domestic Violence Criminal Threatening; Domestic Violence Terrorizing; Disorderly Conduct Mandatory Minimum Penalty: 2 years probation, partially suspended sentence, completion of the 48 week certified batters intervention program, FEDERAL lifetime ban on owning/possessing/using firearms or ammunition, $400. 00 fine Penalty: 2. 5 years if convicted on all charges and all charges were to run consecutively; 2 years probation; completion of a 48 hour certified batters intervention program; FEDERAL lifetime ban on owning/possessing/using firearms or ammunition, $4,500. 00 in fines Summary: Client got into an argument with his wife who "flew off the handle". Wife was in an agitated state and attempted to leave the home with client's child. Client attempted to stop his wife from leaving with his child as he was concerned with her mental state and her ability to safely operate a motor vehicle. Wife pushed and slapped husband who attempted to restrain her and calm her down. Child saw entire incident and attempted to intervene. Police were called and client was arrested and charged with 3 crimes of domestic violence and 1 count of disorderly conduct. Result: Client was placed on deferred disposition for a period of 1 year. 2 crimes of domestic violence were dismissed outright and the 3rd charge of domestic violence assault will be dismissed after successful completion of mental health counseling and provided he doesn't commit any new crimes. Client will be sentenced on the Disorderly Conduct charge for a fine of $400. 00. Client was also allowed to move... --- ### STATE v. A.J. - OUI / DUI Refusal - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-j-oui-refusal/ - Cases Categories: OUI, DUI, and DWI Offense: OUI Refusal Mandatory Minimum Penalty: 4 days jail, 1 year loss of license, $700 fine Maximum Penalty: 364 days jail, $2,000. 00 fine Summary: Client was stopped for speeding and passing a marked police cruiser at a high rate of speed. Client admitted to consuming alcohol and was given field sobriety tests. Client performed poorly and was arrested for OUI. Client was brought to the police station where he refused to submit to a breath test. Client had major medical issues that prevented him from satisfactorily performing the field sobriety tests and these medical issues were unknown to the police officer at the time of the testing. Result: Prior to jury selection, the DA agreed to drop the charge to Driving to Endanger for a 30 day loss of license and a fine of $1,000. 00. Client was extremely pleased to avoid jail time and a lengthy license suspension. --- ### STATE v. J.H. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-h/ - Cases Categories: Criminal Defense, Theft Offense: 4 counts of Burglary of a Motor Vehicle (class "D" misdemeanor) & 4 counts of Theft by Receipt of Stolen Property (Class "E" misdemeanor) Maximum Penalty: 6 years if convicted on all counts and sentenced consecutively on all counts; $12,000. 00 maximum fine; probation. Summary: This case went all the way to trial, in spite of my protestations that the evidence in the case was extremely weak. The Government presented 6 witnesses and 6 pieces of evidence from the burglarized vehicles. 4 of the witnesses were victims of the crime, the 5th witness found the stolen property and attributed it to my client and the 6th witness was the lead detective in the case. 2 of the 4 victims couldn't be sure if the stolen property that was presented as evidence was actually the property stolen from their cars. The government's 2 star witnesses flopped. The witness who reported the crime and attributed the stolen property to my client never saw my client in possession of the stolen items and even testified that other people lived in his apartment as well and that the stolen property could have belonged to another resident of the apartment. The lead detective testified that no DNA analysis was done on any of the items or on any of the vehicles and that no latent prints were able to be lifted for analysis. The lead detective further testified that another party who lived in the home was briefly interviewed but that the interview was... --- ### STATE v. S.M. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-m-2/ - Cases Categories: Domestic Violence Offense: Domestic Violence Terrorizing Maximum Penalty: 6 months jail, $1,000. 00 fine Summary: Client and girlfriend got into an argument over finances. Girlfriend accuses client of threatening to kill her. Girlfriend leaves the home and reports the threat to the police. Police report to the home and arrest the client. During the transport of the client to the jail, client makes some damning and incriminating statements. Result: Client placed on Deferred Disposition for 6 months. Following the successful completion of the deferred disposition program, the DV charge will be dismissed and client will be sentenced on a Disorderly Conduct for a fine of $200. 00. Client was relieved to avoid a DV conviction as he is an avid hunter and a DV conviction would result in a federal lifetime ban for owning/possessing/using a firearm or ammunition. --- ### STATE v. L.N. - Published: 2019-12-02 - Modified: 2025-01-22 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-n/ - Cases Categories: Drug Crimes Offense: Possession of a Scheduled Drug (Class C Felony) Maximum Penalty: 5 years prison, probation, $5,000. 00 fine Summary: Client, a visiting nurse, was driving down the road when she was stopped by the State Police for speeding. During the conversation with the trooper, the client admitted that she had oxycodone in the vehicle but insisted that it belonged to a patient. Oxycodone was found in a prescription bottle with the patient's name on it. Client was charged with felony possession of drugs. Result: Charges were dismissed prior to trial. We were able to track down the client's patient who signed an affidavit that the drugs belonged to her and that they were prescribed by her doctor. Patient was willing to testify at trial so the DA dismissed the case. --- ### STATE v. R.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-c/ Offense: Domestic Violence Assault & Domestic Violence Terrorizing Mandatory Minimum Penalty: 2 years probation, completion of Certified Batters Intervention Program Maximum Penalty: $3,000. 00 fine, 18 months jail, 2 years probation Summary: Client and his girlfriend got into an argument. An alleged struggle ensued whereby the client was said to have knocked the girlfriend down and threatened to shoot her. Girlfriend went to her son's home who then called 911 and the client was subsequently arrested. Result: Client placed on deferred disposition for a period of one year. Upon successful completion of the program, both DV charges will be dismissed and client will be sentenced on one count of disorderly conduct for a modest fine. Client was pleased with the outcome as he was able to avoid jail as well as the stigma of a DV conviction. --- ### STATE v. T.V. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-v/ Offense: Domestic Violence Assault Maximum Penalty: 364 days jail, 2 years probation, enrollment and completion of certified batters intervention program (48 week course) and a fine of $2,000. 00 Summary: Client was alleged to have gotten into an argument with his girlfriend. The argument escalated and resulted in the client slamming the girlfriend into a stove and banging her head off the over door, causing a serious laceration to her scalp and a broken door. Girlfriend called 911 and the client fled. Client turned himself in and was charged with DV Assault. Result: Client had a claim of self defense. While the girlfriend had a laceration on her head, client had bruises all over his arms, chest and neck from where the girlfriend assaulted him. Client also had 2 black eyes and we successfully argued he was the victim of a crime. Charges were ultimately dismissed in return for some modest community service. --- ### STATE v. L.L. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-l/ Offense: OUI (. 17%) Mandatory Minimum Penalty: 48 hours jail; 90 day loss of license; $500. 00 fine Maximum Penalty: 364 days jail; 90 day loss of license; $2,000. 00 fine Summary: Client was stopped for speeding by local law enforcement. When stopped, the officer could smell alcohol on my client's breath. He admitted to consuming 6 beers earlier in the evening and had bloodshot, glassy eyes and slurred speech. Officer asked client to perform field sobriety tests, which he agreed to do. Client performed poorly and was arrested for OUI. Client was brought back to the police station where he blew a . 17% BrAC and was summonsed for OUI. Result: We were able to get the client's charges reduced to Driving to Endanger due in large part to the discrepancy in the officer's report and the Intoxilyzer test. The officer indicated that the start of wait period was at 1:05am. In reality, that was the time of the stop and officer couldn't account for the discrepancy and couldn't testify as to when the wait period actually occurred. Hence, the willingness of the DA to offer the DTE. --- ### STATE v. M.O. (BMV result) - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-o-bmv-result/ Offense: OUI (. 20%) Mandatory Minimum Penalty: $500 fine; 48 hours jail; 90 day loss of license Maximum Penalty: 364 days jail; $2,000. 00 fine; 90 day loss of license Summary: Client was stopped for suspicion of OUI. Client performed poorly on field sobriety tests and was arrested for OUI. Client was brought to the local police department where a breath test was administered. Client blew a . 20% BrAC, which is 2. 5 times the legal limit. Outcome (BMV): We conducted a hearing at the BMV where the contested issue was whether or not the breath test was properly administered. During the breath test, the client belched on 3 separate occasions. On the first 2 occasions, the officer restarted the wait period and administered a new test. On the 3rd occasion, the officer failed to restart the wait period and administered the test; in spite of the knowledge that the client had belched. Based on the officer's testimony, the hearing's administrative officer found that the test result was NOT reliable and the suspension was rescinded! Client was very happy. --- ### STATE v. A.A. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-a/ Offense: Solicitation of a Prostitute, Unsworn Falsification, False Public Report Maximum Penalty: $4,000. 00 fine, 2 years prison (if convicted on all the crimes and the judge were to order that the sentences run consecutive to each other). Possible deportation if convicted. Summary: Client, a political refugee who is relatively new to this country, was attempting to meet a woman online. Little did he know that the woman who agreed to meet with him was a prostitute. The client met with the woman, shared some laughs and decided to engage in sex. While the client was in the bathroom, the woman stole his wallet, credit cards and cash. Client panicked and called the police. Client fabricated a story about how he was robbed at gunpoint. Police saw through the story and ultimately charged him with the aforementioned crimes. Result: All charges filed for one year with a dismissal of all charges at the end of the filing period. Client had to pay a filing fee and perform 50 hours of community service. Client's record remains clean and there is no longer a risk of deportation. --- ### STATE v. C.M. - OUI / DUI - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-m-oui-dui/ Offense: OUI Mandatory Minimum Penalty: $500 fine & 90 day loss of license Maximum Penalty: 364 days jail, $500 fine & 90 day loss of license Summary: My client was spotted earlier by a police officer as being intoxicated in public. My client was verbally warned not to drive. Apparently, my client decided to drive a short time later and was stopped and arrested for OUI. My client blew over the legal limit. Outcome: I was able to negotiate a favorable outcome for my client which included a plea to Reckless Conduct, a fine of $700 and 48 hours in the Alternative Sentencing Program. In return the OUI charge against my client was dismissed. My client served ZERO driving suspension time. --- ### State v. K.B. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-b/ Offense: OUI Mandatory Minimum Penalty: $500 fine; 90 day loss of license Maximum Penalty: 364 days jail; 90 day loss of license; $2,000. 00 fine Summary: Client was on vacation in the Bar Harbor area enjoying the sites with her husband when she was pulled over for suspicion of OUI. Client, an older woman, was asked to perform field sobriety tests and according to the officer, performed poorly. Client was arrested on suspicion of OUI and brought to the local police department where a breath test was administered. Client blew over the legal limit and was charged with OUI. Result: We fought this charge tooth and nail. First, we successfully argued that statements the client made while in custody should have triggered Miranda protections. Since she wasn't Mirandized, the damaging statements she made were excluded. Second, as a result of our successful hearing on the motion to suppress and our willingness to try tough cases, the DA broke down and offered a plea to Driving to Endanger, which the client accepted. Because the client was from out of state, an OUI conviction would have triggered a 6 month loss of license in her home state. She avoided those dire consequences through the skillful negotiation and tenacious defense performed by Attorney Bly. --- ### STATE v. A.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-f/ Offense: Burglary (Class B felony) Maximum Penalty: 10 years prison and a fine of $20,000. 00 Summary: Client allegedly broke into an acquaintance's home and stole a TV, DVD player, PS3, various DVDs & CDs as well as cash. Client was questioned and charged with Burglary by the police. Client's finger prints were found on the windowsill above the garage of the home. Result: Client had a bad drug habit and was placed on deferred disposition for a period of 2 years. At the end of the 2 year period and assuming that the client remained clean and sober and hadn't committed any new crimes, the burglary would be dismissed and the client would plead guilty to 2 misdemeanor charges: theft and criminal trespass. This arrangement allowed the client to keep his/her life intact. --- ### STATE v. P.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-c/ Offense: OUI Mandatory Minimum Penalty: $500 fine, 90 day loss of license Maximum Penalty: $2,000. 00 fine, 90 day loss of license, 364 days jail Summary: Client was stopped for following too closely to the vehicle in front. During a BMV hearing, the officer admitted that the driving behavior was only intermittent. Officer also testified that the client looked relatively sober during administration of field sobriety tests. This was confirmed by reviewing the cruiser video. Result: The OUI was dismissed by agreement and the client pled guilty to Driving to Endanger for a fine of $575. 00 and a 30 day loss of license. --- ### STATE v. T.L. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-l/ Offense: OUI Maximum Penalty: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Penalty: 48 hours jail, $500 fine, 90 day loss of license Summary: Client was stopped for erratic operation coming back from a local ski area. Client was asked to perform field sobriety tests and performed poorly. Client was arrested and brought back to the local police station where a breath test was administered. Client blew a . 17% BrAC. Result: We conducted a BMV hearing where we learned that the arresting officer, who subsequently administered a breath test, didn't know what a . XXX error message meant. Since that error message should have clued the officer to restart the test and wait period and he didn't, the BMV suspension was rescinded. Based on the BMV hearing testimony, the DA agreed to drop the charge down to a Driving to Endanger. --- ### STATE v. M.B. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-b/ Offense: OUI (drugs) & Possession of Marijuana Mandatory Minimum Penalty: $500 fine; 90 day loss of license & $400 fine for the Marijuana Maximum Penalty: 364 days jail, 90 day loss of license & $2,000. 00 fine on the OUI Summary: Client was stopped for allegedly smoking marijuana in his vehicle. Arresting officer wrote in his report that he could smell marijuana coming from my client's car as he drove down a busy street. Client was ultimately arrested for OUI & possession of marijuana. Result: The marijuana charge and the OUI charge were dismissed in return for a plea to two civil traffic infractions. The client, who held a high security clearance governmental position, would have lost his/her position if convicted of either charge. Needless to say, the client was very happy. --- ### STATE v. J.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-c/ Offense: Aggravated Domestic Violence Assault (Class B Felony) Maximum Penalty: 10 years prison, $20,000. 00 fine, probation Summary: Client was married to the "victim", who had a history of alcoholism. "Victim" accused client of strangling her and smashing her head off of the ground during a drunken argument. Client denied the allegation. Allegation of domestic violence wasn't reported to law enforcement until nearly 2 weeks after the alleged attack when the "victim" was pulled over for drunk driving. During the OUI investigation, the "victim" told the arresting officer that she was only driving to escape her husband who was acting in an abusive manner and had assaulted her nearly 2 weeks previously. The "victim" showed the officer a rather grevious injury to the top of her head, which is when the DV investigation began. The client was arrested later than night and charged with felony Aggravated Domestic Violence Assault. Result: We presented our investigation to the DA, which included a subpoena for the "victim's" employment records. DA agreed that it would be difficult to prove the felony DV charge by proof beyond a reasonable doubt and dismissed the felony DVA charge. Client ultimately pled guilty to a class E misdemeanor Disorderly Conduct for no jail and no fine. This arrangement allowed the client to continue to hunt and to own / possess firearms. --- ### STATE v. T.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-r-2/ Offense: OUI Maximum Penalty: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Penalty: Penalty: 364 days jail, 90 day loss of license, $500. 00 fine Summary: Client was stopped for having an expired registration. Client was unfamiliar with the vehicle she was driving as it was her mother's car. Officer asked client to perform field sobriety tests even though there was a complete lack of suspicious driving behavior. Client performed poorly on field sobriety tests and was arrested for OUI. Client became extremely hostile at the police station and eventually blew a . 13% BrAC. Result: Immediately prior to the hearing set for a motion to suppress evidence an agreement between myself and the DA was reached for a dismissal of the OUI with a plea to Driving to Endanger for a fine of $600. 00 and a suspension of 30 days (concurrent with the BMV suspension). The client was immensely pleased. --- ### STATE v. T.K. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-k/ Offense: Shoplifting Maximum Penalty: 180 days jail, $1,000. 00 fine Summary: Client was shopping at Kohl's Department Store and decided to grab a couple of extra items for which she failed to pay for. Client was confronted by loss prevention while attempting to exit the store. The police were called and she was charged with a Class E theft. Result: We were able to get the charges dismissed by showing that the client had a stable job history, a lack of criminal record and documented emotional issues for which she was in treatment for. Client agreed to perform community service and continue in counseling in exchange for a dismissal of the charge. --- ### STATE v. J.B. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-b/ Offense: 2nd Offense OUI Refusal Maximum Penalty: 364 days jail; $2,000. 00 fine; 18 months suspension of Driving Privileges Mandatory Minimum Penalty: 45 month loss of license; 12 days jail; $700 fine Synopsis: BMV hearing held where the facts indicated that the client crashed into two separate cars during a drive home. Witnesses observed the client run from his car after the second accident and those witnesses followed the client to his home. The Police were called and confronted my client about the accidents and his drinking. An OUI investigation was conducted and the client was subsequently arrested. Result: The BMV hearing was held and the officer testified that the client attempted to provide a test at least 2 times. However, those breath test attempts were not reflected on the refusal certificate. The officer had no explanation for the missing breath test results. Due to the discrepancies and the officer's testimony under cross-examination, the Hearings Officer dismissed the case and the suspension was rescinded. --- ### STATE v. G.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-g-m/ Charges: Violating Protection from Abuse Order (Class E); Obstructing a 911 Call (Class E domestic violence); Violation of Conditions of Release (Class E) Maximum Penalty: If convicted on all charges the Client could have been incarcerated for as long as 18 months and fined up to $3,000. 00 Result: Violation of Protection Order filed a period of 1 year at no cost to the defendant; Obstructing a 911 Call was dismissed and Violation of Conditions of Release was a plea of guilty for 1 year of administrative release (IE, no jail). --- ### STATE v. P.B. > OUI was dismissed at court and client pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-b/ Offense: OUI & Criminal Speed Mandatory Minimum Penalty: $500 fine, 90 day loss of license, 48 hours jail Maximum Penalty: $2,000. 00 fine, 364 days jail, 90 day loss of license on the OUI and $1,000. 00 fine, 180 days jail on the Criminal Speed. Summary: Client was on his motorcycle speeding through a southern Maine town when his speed and operation drew the attention of local law enforcement. Officer testified at the BMV hearing that client was "hanging onto the motorcycle as he accelerated and his head would snap back as if he was dozing off. " In addition, the officer testified that the client was exceeding the speed limit by 34 mph. Client was stopped and investigated for OUI. Ultimately, he was arrested and blew a . 13% BrAC. Client was charged with OUI as a result. Result: OUI was dismissed at court and client pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days. Client also admitted to speeding and was issued a traffic ticket for that charge for which a fine was imposed. --- ### STATE v. M.L. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-l/ Charge: OUI . 13% Mandatory Minimum Penalty: 90 day loss of license, 1 year loss of CDL, $500 fine Maximum Penalty: 90 day loss of license, 1 year loss of CDL, 364 days jail, $2,000. 00 fine Summary: Client was traveling the wrong way down a one-way street when the client realized he/she was going the wrong way. The client turned around but by then it was too late. Client was stopped and ultimately arrested for OUI. Client had a Commercial Driver's License (CDL) and was in jeopardy of losing his/her CDL for a period of 1 year if either suspended or convicted of OUI. Result: I was able to negotiate a favorable outcome with the DA which resulted in a conviction for Reckless Conduct, a high fine and 48 hours in the Alternative Sentencing Program. The client was able to maintain his/her CDL and keep his/her job. The client was ecstatic. It's important to note that this outcome was only possible due to the fact that I had an understanding and compassionate DA and that this outcome wouldn't have been possible had the DA not been on board and/or not been as understanding of my client's predicament. --- ### STATE v. R.I. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-i/ Offense: OUI Refusal Maximum Penalty: 364 days jail; 1 year loss of license; $2,000. 00 fine Mandatory Minimum Penalty: 4 days jail; $700. 00 fine Synopsis: Client was stopped for running a stop sign and nearly striking a police cruiser. Client admitted to the consumption of alcohol, performed poorly on field sobriety tests and exhibited numerous signs of intoxication. Result: Client was a member of the US Navy and in jeopardy of being discharged if convicted of the OUI offense. We were able to work out a reasonable plea agreement with an understanding prosecutor, which consisted of dismissing the OUI charge and pleading the client guilty to Driving to Endanger and 48 hours in the Alternative Sentencing Program. The client was able to remain in the US Navy thanks to the plea agreement reached. --- ### STATE v. M.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-t-5/ Offense: OUI with an elevated breath test result (. 19%) Maximum Penalty: 364 days jail, 90 day (or greater) loss of license, $2,000. 00 fine Synopsis: Client was involved in a single car accident where the driver of the vehicle rolled the truck. When witnesses responded to the scene, only the client was in the vehicle and he was struggling with his seatbelt in the passenger seat. The client, a police officer, denied driving the truck and refused to say who was driving that night. Client refused to perform any field sobriety tests and was brought to the PD for a breath test where he blew a . 19% Result: Client pled guilty to a non-driving offense for a $1,000. 00 fine and no license suspension. Prior to the plea, a hearing was held on our motion to exclude the breath test as unreliable. The judge granted the motion and ordered that the breath test be excluded. This gave us a great deal of leverage in negotiations and the resulting plea agreement was reached the day before jury selection. --- ### State v. D.W. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-w/ Offense: OUI with a person under the age of 16 years old Maximum Sentence: 364 days jail with a mandatory minimum 48 hours jail, mandatory minimum 365 day loss of license and a $500 fine Synopsis: Client was speeding along a desolate back country road late at night when he was stopped for exceeding the speed limit. There were no drunk driving cues observed by the officer and the only possible evidence of impairment was bloodshot eyes, the odor of alcohol and admission to consuming alcohol. Client was given sobriety tests and arrested for OUI with a minor in the vehicle. Result: On the day that the suppression hearing was to be held, the DA and I discussed the case. After arguing the finer points of law, the DA agreed that this case was a close call and agreed to dismiss the OUI charge in return for a guilty plea to Driving to Endanger with NO jail and a 30 day loss of license. The client was thrilled with the outcome. --- ### STATE v. L.G. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-g/ Offense: OUI Mandatory Minimum Penalty: 48 hours jail, $500. 00 fine, 90 day loss of license Maximum Penalty: 364 days jail, $2,000. 00 fine, 90 day loss of license Summary: Client was driving back from a local restaurant with his significant other. Client was stopped for speeding and the officer inquired if he had been drinking. The client answered "yes" and an OUI investigation was conducted. Ultimately, the client was arrested for OUI and blew above a . 15% BrAC. Client was charged with OUI and Operating beyond a License Restriction. Result: We won the BMV hearing by showing there was no probable cause to believe the client was operating under the influence. In addition, we learned that the client had informed the officer that he suffered from GERD. We brought an expert onboard to discuss the implications of the GERD and its impact on the breath test. Ultimately, the DA agreed to dismiss the OUI based on the overwhelming medical evidence and underwhelming evidence of impairment. Client agreed to plead guilty to Operating beyond a License Restriction and received a fine of $750. 00. --- ### STATE v. M.S. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-s-2/ Offense: OUI with an elevated test. Maximum Penalty: 364 days jail; 90 day loss of license; $2,000. 00 fine. Mandatory Minimum Penalty: 48 hours jail; 90 day loss of license; $500. 00 fine Synopsis: Client was an officer in the US Navy who was stopped for erratic operation. Client performed poorly on field sobriety tests and exhibited numerous signs of intoxication. Client was arrested and brought to the local PD where a breath test was administered. Client blew well in excess of . 15% BrAC; making this a difficult case for resolution. Result: As an officer in the navy, Client indicated a discharge from the US Navy would occur based on a conviction. Even a lesser offense would require discharge due to the Client's officer status. An outcome was fashioned where the client would plead guilty to the OUI and be placed on deferred disposition for a period of 2 years. Following the 2 year deferred disposition program, the client will be allowed to withdraw the plea to the OUI and the case will be dismissed. This will result in the client being able to remain in the US Navy as an officer. --- ### STATE v. D.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-t/ Offense: Tampering with Evidence Maximum Sentence: $2,000. 00 fine and 364 days jail Synopsis: Client arrived on scene where son had been involved in a single car accident. Son was later arrested on suspicion of OUI. Prior to the police arriving, the client removed an empty bottle of alcohol from the vehicle that had fallen out. Result: Case was dismissed at docket call. We argued that the jury wouldn't convict a member of the community based on this minor violation and that the client honestly believed what he threw away was a "tobacco spit bottle". Furthermore, the client cooperated with the investigation and pointed out the bottle that he had disposed of. --- ### STATE v. S.H. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-h/ Offense: Trafficking in Scheduled drugs (Class "C" felony) and Possession of Scheduled drugs Maximum Sentence: 5 years prison, $5,000. 00 fine Mandatory Minimum Sentence: none Synopsis: Client had setup a vending station outside the Merrill Auditorium in Portland while a concert was taking place. Result: Client was admitted to an in-patient substance abuse treatment facility where he spent nearly 18 months in intensive rehab. As a result of his efforts and the efforts of his attorney (me), the DA agreed to dismiss the felony trafficking charge and placed him on deferred disposition on the drug possession charge for 6 months. As long as the client stayed drug and alcohol free during that time period, the possession charge would be dismissed and the client would end up with an unblemished criminal history. --- ### STATE v. R.W. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-w/ Offense: Possession of Cocaine, Possession of Marijuana & Possession of Drug Paraphernalia Maximum Sentence: 364 days jail and a fine of $2,000. 00 Synopsis: Client was at a local park with a friend when a police officer overheard a conversation where a comment was made by the client concerning the location of his "stash". Client was confronted by the police officer who demanded that he allow him to search his bag for drugs. During the search, cocaine, marijuana and drug paraphernalia were located. Result: We believed we had excellent grounds for a motion to suppress evidence illegally obtained through an unlawful search and presented the issues to the DA for discussion. The DA agreed that the search may have been probematic and agreed to dismiss all the charges in return for a $600 fee and 25 hours of community service. --- ### State v. B.P. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-p-2/ Defendant faced a myriad of drug charges, including trafficking in crack cocaine charges. He was facing up to 35 years in prison on all the charges if convicted. We placed the client into an intensive in-patient drug treatment facility where he spent six (6) months getting his drug habit under control and an additional three (3) months in aftercare. Client pled guilty to possession of scheduled drugs with a sentence that included no jail and probation. This was due in large part to the strength of a motion to suppress illegally obtained evidence that was pending in Superior Court as well as the tremendous personal work the client did on himself while in drug treatment. --- ### State v. E.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-r-2/ Client was charged with possession of a useable amount of marijuana. Issue in the case turned on whether the search and seizure of his vehicle complied with US Supreme Court law in Arizona v. Gant. Court granted the motion to suppress finding that the search was unlawful and thus suppressed any evidence of marijuana. The case was dismissed as a result. --- ### STATE v. E.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-r/ Offense: Civil Possession of Marijuana and OUI Maximum Sentence: Fine of $400. 00 for the marijuana charge and a maximum penalty of 1 year jail and a fine of $2,000. 00 on the OUI. Synopsis: Client was stopped for a speeding infraction and was ultimately arrested on suspicion of OUI. Client's vehicle was searched incident to arrest. Police relied on the old Belton v. NY rule concerning searches of motor vehicles. At a suppression hearing, the court ruled that the new search rule of Arizona v. Gant controlled, which resulted in suppression of the marijuana. Result: The marijuana and OUI charges were dismissed and the client pled guilty to Driving to Endanger. --- ### State v. J.W. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-w-2/ Client was charged with Unlawful Trafficking in Scheduled Drugs, which was a class C felony and carried a possible penalty of up to 5 years in prison. Allegation was that the client was stopped while coming across the Maine border for speeding. During the stop, the Trooper told the client that he could smell marijuana coming from the vehicle and told him he had probable cause to search his car. Trooper searched his car and found marijuana, a scale, baggies and $5,000. 00 cash. Prior to trial, we argued that the search was illegal and unsupported by probable cause. DA agreed to dismiss the charges and client admitted to a civil offense of possession of marijuana. Client was a professional and a criminal conviction could have resulted in termination, which in turn would have resulted in being barred from his chosen field of work. --- ### STATE v. C.R. - Stealing Prescription Drugs - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r-stealing-prescription-drugs/ Offense: Stealing Prescription Drugs Maximum Sentence: 5 years prison and a fine of $5,000. 00 as well as a term of probation. Synopsis: Client was a store manager of a large chain pharmacy. Over the period of a few months, Vicodin and Oxycodone began disappearing from the pharmacy. Suspicion was ultimately laid at the feet of the client who was immediately terminated from his position, prior to the institutions of any charges. After a thorough review of the discovery provided, we prepared the case for trial. The State's case had numerous proof problems that were ultimately brought to the attention of the DA. Result: Case was filed for a period of 6 months and later dismissed. Client was able to rebuild his life and career as a result. --- ### STATE v. T.P. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-p/ Offense: Furnishing a Place for Minors to Consume Alcohol Maximum Sentence: 6 months jail and a fine of $1,000. 00. Synopsis: Client owned a summer home in Maine and was spending the weekend at the camp with his family. Client's oldest child invited friends to sleep over and hang out at the camp. Some of the children's friends brought alcohol over and began consuming it on the premises. The consumption of alcohol took place while the client was sleeping. Result: The District Attorney wanted the client to serve 48 hours jail due to the fact that all of the kids were well under the age of twenty-one. We brought up the issue that the only way the police could have determined the age of the children would have been to come onto the property and that the evidence obtained was a result of an illegal search. District Attorney dismissed the case following the judicial conference. --- ### STATE v. B.H. - OUI, Possession, Driving to Endanger - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-h/ Offense: OUI; Possession of Oxycodone; Possession of Scheduled Drugs; Driving to Endanger Maximum Sentence: 1 year on OUI along with a suspension of 90 days; 5 years on the Oxycodone, 6 months on the DTE; 364 days on the second drug charge. Synopsis: Client was stopped for erratic operation. Client was driving with his wife and marijuana had been smoked recently during the drive. Officer believed he developed probable cause to search the vehicle without consent. 2 different types of prescription medications were found in client's vehicle, including Oxycodone. Client was arrested for possession of drugs and brought back to the station to take a breath test. Client was given a DRE examination and was charged with an additional crime of OUI. Result: Search was problematic for the state and client had a prescription for the 2nd drug that was found. State agreed to dismiss the 2nd drug charge, filed the felony for a period of 1 year, dismissed the DTE and client pled guilty to the OUI for a fine of $500 + 90 day loss of license and 48 hours at the alternative sentencing program. --- ### STATE v. D.D. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-d/ Offense: Transportation and Possession of Alcohol by a Minor Synopsis: Client had recently graduated from a local high school and was a former star athlete with a bright future. He was stopped for speeding and ultimately admitted to consuming alcohol earlier in the evening. He blew a . 01% BAC. Result: Client was placed on deferred disposition and the charges were later dismissed. Client was also able to avoid a one year BMV suspension through careful negotiation with the arresting officer. --- ### State v. M.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-t-4/ Charge was Providing a Place for Minors to Consume Alcohol. Allegation was that the client, a mother, was allowing minors to consume alcohol in her home while under her care. Police officers testified that they believed the client was drunk when they arrived at the home. Placed the client on the stand to testify that she wasn't drunk and didn't know the children consumed any alcohol on the premises. Client had a "shunt" in the back of her skull that accounted for a sever speech impediment that made her speech extremely slurred. Additionally, the client had undergone numerous surgeries for scoliosis in the past and as a result she had extremely poor balance, which the police mistakenly attributed to her being under the influence of alcohol. Jury was out less than 15 minutes and returned a not guilty verdict. --- ### State v. K.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-t-2/ Client was charged with a single count of assault against her mother. Mother vehemently denied that the version of her statement that the police included in discovery. Client was facing up to 1 year in prison if convicted. Mother refused to cooperate with the prosecution of the case and it was ultimately dismissed. --- ### STATE v. B.S. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-s/ Offense: Disorderly Conduct Maximum Sentence: 6 months jail and a fine of $1,000. 00. Synopsis: Client was assaulted by another patron inside an Old Port nightclub. Client allegedly started a fight with one of the establishment's bouncers. Client was knocked unconscious by one of the bouncers during the alleged altercation and received minor injuries as a result. To the client's dismay, he was charged with a crime. Result: Case dismissed following a judicial conference. --- ### STATE v. J.L. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-l/ Offense: Aggravated Assault Maximum Sentence: 10 years prison, probation and a maximum fine of $10,000. 00. Synopsis: Client "ambushed" his wife's former boy friend due to an allegation that the victim was sleeping with his wife. The entire incident was caught on video. The victim alleged mental and emotional distress as well as "brain damage" that caused him to be unable to work. Victim suffered a broken nose as well as assorted scrapes/bruises. Result: Client pled nolo to simple assault with no jail or probation and a fine of $300. There were serious proof issues with the case concerning the validity of the victim's injuries and whether or not they rose to the level of an aggravated assault. In addition, the victim was entirely unsympathetic due to his conduct with the Client's wife. --- ### STATE v. B.P. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-p/ Offense: Assault Maximum Sentence: 1 year jail and a fine of $2,000. 00. Synopsis: Client allegedly assaulted another male victim during dispute over money at a third party's apartment. While there were multiple witnesses, all of the witnesses had conflicting stories and there was evidence that the client was actually defending himself rather than acting as the aggressor. Result: Case was dismissed at jury selection. --- ### State v. A.Spr. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-spr/ Offense: Domestic Violence Assault; Domestic Violence Criminal Threatening Maximum Sentence: 364 days jail on each charge, 2 years probation and enrollment / completion of women's certified batters program Synopsis: Client was being stalked by a former employee (alleged victim) who was infatuated with her. He had previously assaulted her in the parking lot of a public shopping center yet law enforcement took no action based on the report. Alleged victim came to the Client's home where an altercation took place. The Alleged victim (a large male) then called law enforcement on the Client and lied, stating that the Client had threatened him with physical harm, had assaulted him and had broken his phone. The client was ultimately charged and placed on bail. Result: We had all the charges dismissed in light of the State's admission that there were serious proof problems in the case. Most important was the fact that we presented the DA with evidence that she was the ongoing victim of stalking, perpetrated by the alleged "victim". --- ### STATE v. S.S. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-s/ Offense: Assault Maximum Sentence: 1 year jail and a fine of $2,000. Synopsis: Client was involved in a brawl at a local pub. Client was knocked unconscious during the brawl that involved 2 other parties. Numerous witnesses testified that the client was the aggressor. Result: Case was filed for a period of one year and later dismissed. --- ### State v. A.S. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-s/ Offense: Domestic Violence Assault; Threatening Display of a Weapon Maximum Sentence: 364 days jail on each charge, 2 years probation and enrollment / completion of certified batters intervention program Synopsis: Client was accused of meeting his soon to be ex-wife in a local hotel room where he planned to commit suicide in her presence. Client got physical with the victim and and brandished a pistol in her presence. Client was ultimately arrested without incident. Client suffered from post-traumatic stress disorder from his overseas military service. Client enrolled in psychological counseling through the VA in order to get a handle on his personal life. Result: Domestic violence charge and Threatening Display of a Weapon charges were dismissed in return for a plea to the crime of Criminal Threatening for a fine of $500. 00. The resulting plea allowed the Defendant to keep and use firearms in the future, which was important as the Defendant had aspirations to open a gun shop in another state. --- ### State v. S.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-c-2/ Offense: Domestic Violence Assault Maximum Sentence: 364 days jail, 2 years probation, enrollment in the certified batters intervention program Synopsis: Client was accused of beating and kicking his son with steel toe boots. Client denied the allegations. Client's wife brought a Protection from Abuse case against him (PFA) where the wife and the son had to testify. Numerous inconsistencies were brought out during their testimony, which gave us leverage to negotiate the case. Result: Domestic Violence Assault charge was dismissed in exchange for a plea of guilty to Disorderly Conduct, a fine of $500 and enrollment in anger management. --- ### STATE V. C.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-c-3/ Offense: Domestic Violence Assault; Aggravated Criminal Mischief (class "C" felony); Criminal Mischief Maximum Sentence: 5 years prison and a $5,000. 00 fine on the Aggravated Criminal Mischief Synopsis: Client was charged with assaulting his wife and then wrecking the interior of his home with a claw hammer. The state alleged that the client did more than $10,000. 00 worth of damage to the interior of his home, for which he had no right. We countered with the fact that the wife wasn't on the deed and that she had no true property interest in the home until it was divided as an asset in the case of divorce. Since this wasn't going to happen, it was a moot point. A lot of back and forth negotiation occurred before an agreement could be worked out. Client was extremely concerned about the possiblity of a criminal conviction for Domestic Violence and/or a felony conviction as he was a prominent member of his community. Result: Client pled guilty to simple criminal mischief for an unconditional discharge (no fine or jail). Client was ordered to undergo counseling and the Domestic Violence Assault and felony Aggravated Criminal Mischief charges were dismissed. --- ### STATE v. D.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-f/ Charge: Domestic Violence Assault Maximum Penalty: $2,000. 00 fine; 364 days jail; 2 years probation Summary: Client allegedly physically assaulted her mother, who in turn, called the police. Mother later recanted but there was an audio tape of the 911 call that complicated matters for the defense. Result: Client placed on deferred disposition for a period of 1 year with a dismissal of the charge at the end of the deferred disposition period. --- ### STATE v. G.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-g-c/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and up to 2 years probation Synopsis: Client allegedly grabbed his wife by her wrist causing the skin to tear and bruise. "Victim" was a severe alcoholic who had pushed the client to his limit by showing up to the hospital drunk immediately prior to client undergoing a serious surgical procedure. After being released, "victim" continued to get drunk and client merely tried to pull her off of the couch to lead her from his space. Client was a professional and had no criminal history prior to the recent DV charge. Result: Client was placed on deferred disposition and the case was dismissed after 1 year. --- ### STATE v. J.S.A. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-s-a/ Offense: Criminal Threatening (DV) and Domestic Violence Assault Maximum Sentence: 2 years prison and a fine of $4,000. 00 as well as a term of probation. Synopsis: Client allegedly threatened to harm his wife and allegedly showed up at the marital home and attempted to choke her. Client had a long history of violence but this was his first allegation involving domestic violence against his wife. Result: Case was dismissed following disclosure of an audio tape containing voice mails from the client's wife threatening to call the police and make up charges to get him into more trouble. --- ### STATE v. K.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-t/ Offense: Domestic Violence Assault Maximum Sentence: 1 year jail and a fine of $5,000. 00 as well as 2 years probation. Synopsis: Client allegedly slapped her boyfriend in the face and pushed him into a wall. Client was allegedly under the influence of alcohol. The only witnesses to the crime were the client and the victim. Result: Case was filed for a period of 6 months and later dismissed after the client provided evidence that she had entered treatment for substance abuse and anger issues. --- ### STATE v. T.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-t-2/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or using a firearm if convicted. Synopsis: Client charged with Domestic Violence Assault following a 911 call from his girlfriend to the local police. The allegations included conduct such as shoving the girlfriend, threatening her, pouring alcohol over her head and threats to injure her pet. Result: Case was dismissed prior to trial. --- ### STATE v. A.G. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-g/ Offense: Criminal Threatening with a Deadly Weapon (DV) Maximum Sentence: 5 years prison and a term of probation. Future federal prohibition against owning, possessing or using a firearm if convicted. Synopsis: Client held a loaded firearm to her husband's forehead and threatened to shoot him. Only witnesses to the case were the client and the victim. The victim was not credible and the client denied the conduct. Client indicated she was actually the victim of domestic violence and that she had actually been assaulted by the victim. Result: Grand Jury refused to indict and the case was dismissed. --- ### STATE v. R.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-m/ Offense: Criminal Threatening with a Deadly Weapon (DV) Maximum Sentence: 5 years prison and a fine of $5,000. 00 as well as a term of probation. Synopsis: Client allegedly threatened harm to his wife during a heated argument over money and the children. Client had a valid concealed carry permit and was armed with a 9mm pistol. Client made innocuous threats about "hurting people in the house" if she didn't leave. The alleged threats were made in conjunction with the client lifting up his jacket and displaying the firearm for the victim to see. Result: Case was placed on deferred disposition and the case was dismissed a year later. --- ### STATE v. S.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-f-2/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Synopsis: Client was charged with Domestic Violence Assault against her boyfriend. Dispute involved alcohol being consumed by both parties as well as a situation of mutual combat. Only witnesses to the event were the victim and client. Result: Case was dismissed prior to trial. --- ### STATE v. M.H. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-h-2/ Charges: Terrorizing (Class D misdemeanor); Criminal Mischief (Class E) Maximum Penalty: 18 months jail; $3,000. 00 fine Result: Terrorizing charge filed for 6 months at no cost and Criminal Mischief charge dismissed. --- ### STATE v. B.E. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-e-2/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or using a firearm if convicted. Synopsis: Client charged with Domestic Violence Assault following a 911 call from his wife to the local police. Client's wife later recanted and decided not to cooperate with the DA's prosecution of the case. Result: Case was placed on deferred disposition for a period of one year and was later dismissed following the deferment period. --- ### STATE v. M.D. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-d/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or using a firearm if convicted. Synopsis: Client was charged with Domestic Violence Assault following a 911 call from his wife to the local police. Client vehemently denied the charge and refused to make any admissions to the contrary to the police. We obtained a copy of the 911 call and were able to convince the DA that the victim made up the entire altercation in order to gain leverage in a custody dispute. Result: Case was filed for a period of one year and a filing fee of $300. The case was later dismissed following the filing period. --- ### STATE v. A.D. - Domestic Violence Assault Charge - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-d/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Future federal prohibition against owning, possessing or using a firearm if convicted. Synopsis: Client charged with Domestic Violence Assault following an altercation at a local bar. The only witness was the girlfriend who initially wanted to pursue charges but later recanted. Result: Case was dismissed prior to trial. --- ### STATE v. C.C. - Domestic Violence Assault - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-c-domestic-violence/ Offense: Domestic Violence Assault Maximum Sentence: 1 year prison and two years probation. Maximum fine of $2,000. 00. Synopsis: Client was charged with Domestic Violence Assault against her husband. Client was on a number of prescription medications, all of which indicated that she shouldn't consume alcohol with her meds. Client's medications had only recently been changed with respect to quantity and dosage and it was unclear whether the change in prescription played a role in her behavior or if the issue was mixing alcohol with the medications. Result: Case was dismissed at arraignment. --- ### STATE v. A.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-r/ Offense: OUI . 14 Maximum Sentence: 364 days jail, 6 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: $500 fine, 90 day loss of license Synopsis: Client was on a date when the car ran out of gas. Client was not driving the vehicle while it was running but did "steer" the vehicle while her date pushed the car. The car was pushed downhill in an attempt to reach the gas station when she lost control of the vehicle, striking and knocking down 2 traffic signs. Law Enforcement officers arrived on scene and charged the Client with OUI based on here "admission" that the vehicle was running while she was steering it, despite the fact that she told the officer it was out of gas. The officer based his arrest decision on the fact the technical term of "running", which the Client obviously didn't understand. Result: Case dismissed prior to request for a jury trial. --- ### State v. P.A. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-a/ Offense: OUI with low breath test result Maximum Sentence: 364 days jail, 6 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: $500. 00 fine, 90 day loss of license Synopsis: Client was stopped for a minor traffic infraction. Client performed relatively well on field sobriety tests and admitted to consuming alcohol. Client was arrested and given a breath test at the station and blew a . 07% BrAC and summonsed for court. Officer indicated that the Client was impaired despite the low breath test result. Result: We spoke with the DA prior to arraignment and got him to agree to dismiss the case based on a lack of evidence. --- ### STATE v. M.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-m/ Offense: OUI Refusal Maximum Sentence: 364 days jail, 6 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 4 days jail, $700. 00 fine, total of 1 year loss of license Synopsis: A BMV hearing was held on the issue of whether or not the Defendant failed to submit to a breath test as required by law. The officer failed to comply with the Implied Consent laws as evidenced by his testimony when he admitted that he failed to read the implied consent form to the Defendant. Result: 9 month suspension for refusing to submit to a breath test was dismissed at the hearing. Client was of course, very happy. --- ### STATE v. D.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-c-2/ Offense: DV Assault, DV Criminal Threatening, Criminal Mischief, Violation of Bail Conditions Maximum Sentence: 364 days jail on the two DV charges and a jail sentence of 180 days on the Criminal Mischief charge. Total maximum fines of $6,000. 00. Total jail exposure of 3 years. Synopsis: Client got into a heated argument with her significant other. Items in the home were broken and there was an allegation that the victim was cut with a piece of glass. Ultimately, the victim was not interested in pursuing the charges and cooperated with the defense. Result: Client pled guilty to the charge of Criminal Mischief for a fine of $300. 00. The remaining domestic violence and VCR charges were dismissed. Client was a professional and a conviction for domestic violence would have resulted in disciplinary action by her professional oversite board. --- ### STATE v. S.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-m/ Offense: OUI (. 29%) & Endangering the Welfare of a Child Maximum Sentence: 364 days jail, six year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 270 day loss of license, $500 fine Synopsis: Client was driving her child home after a long day on the lake with family when a concerned citizen called her car in as a possible drunk driver. The client was stopped by the Maine State Police on the Turnpike where the trooper witnessed what he believed to be imparied driving. The client was given sobriety tests and performed poorly on those tests. The client was then arrested and administered a breath test where she blew a . 29% BrAC, which was nearly 4x the legal limit. Result: In return for a plea of guilty to the OUI, the Endangering the Welfare of a Child charge was dismissed. The client was ordered to pay a fine of $2,000. 00, a license suspension of 90 days was imposed and the client was required to attend the Alternative Sentencing Program. Considering the facts in the case as well as the high breath test and that the client had a child in the car, this was an excellent outcome. --- ### State vs. J.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-vs-j-f/ Charges: DV Assault, DV Terrorizing, DV Terrorizing with a Deadly Weapon (9mm handgun) and Obstructing a 911 phone call. Maximum Sentence: 8 years Synopsis: Allegation was that the D, a former Navy Seal, beat his girlfriend up, dragged her about the house by her hair and tried to choke her. It was also alleged that he placed a gun to her head and threatened to blow her brains out. Result: NOT GUILTY after 3 days of deliberation. Key was the total lack of injuries as well as a self-defense instruction that was granted by the judge. Theory was that the victim was the actual aggressor, that she assaulted the D and ultimately grabbed the gun and threatened to shoot him. Defendant was entitled to use the necessary force to disarm her. The jury did not find the victim to be credible. --- ### State v. A.N. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-n/ Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day loss of license, $500 fine Synopsis: Client was stopped for speeding. Officer alleged that the client was weaving all over the road at the time of the stop. Client allegedly performed poorly on field sobriety tests and client was arrested as a result. Client blew a . 07%. Result: DA agreed to dismiss the case following a discussion of the merits of the case at arraignment. The DA agreed that there were serious proof problems in the case. Client was ecstatic as the client was a public service officer and a conviction would have likely cost the client their job. --- ### STATE V. C.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-m/ Offense: OUI Maximum Sentence: 364 days jail, 270 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 270 day loss of license, $500 fine Synopsis: Client was stopped for erratic operation of his car. Officer relied on the erratic operation as part of his stop. Upon stopping the client, the officer learned that the client was under the age of 21 years old. The remainer of the investigation was solid and the client was arrested for OUI. Result: We argued to the DA that the erratic operation was not apparent from the video and that there was no basis for the stop. The DA was sympathetic to the client's age and lack of criminal record and ultimately agreed to impose the lesser charge of Driving to Endanger in return for a fine of $750. 00, a license suspension of 30 days and attendance at the Alternative Sentencing Program for 48 hours. --- ### State v. C.V. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-v/ Offense: . 19% OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500 fine Synopsis: Client lost control of her vehicle due to slippery conditions on the road. Client attempted to contact 911 to report the accident but due to cell phone coverage issues, was unable to complete the call. Client walked to a friend's home where she stayed for a period of time and consumed alcohol. Client was given a ride back to the scene of the accident by her friends where she met with a police officer who placed her under arrest for OUI. Result: Client pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days. DA agreed that the State would have a difficult time proving the client's guilt beyond a reasonable doubt, which is why a DTE was offered. --- ### State v. B.E. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-e/ Offense: . 17% OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500 fine Synopsis: Client was stopped for allegedly speeding. No erratic operation was observed. Officer testified that as part of his practice, he turns off the video camera prior to starting his shift. Officer had some credibility issues during testimony at a motion to suppress hearing. Result: The DA's Office was unable to provide us with a copy of the Intoxilyzer room video as requested back in 2012. As a result of their failure to preserve said evidence, the judge agreed that the Intoxilyzer result would have to be excluded. DA agreed to dismiss the OUI charge in return for a plea of guilty to Driving to Endanger for a 30 day license suspension and a fine of $750. Client was extremely relieved as an OUI conviction would have affected his employment. --- ### State v. L.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-r/ Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500. 00 fine Synopsis: Client was stopped at a closed sandwich shop when a local police officer pulled up behind her to question her about why she was in the lot. Client saw the officer approach and attempted to leave the parking area. The officer got back into his car and initiated a traffic stop. The client performed extremely poorly on field sobriety tests and was given a blood test where she tested at a . 17%. Result: Case dismissed immediately prior to hearing on a motion to suppress evidence based on an illegal stop. --- ### State v. U.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-u-m/ Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day loss of license, $500. 00 fine Synopsis: Client was stopped for weaving across the dividing lines on a major road as well as for having her highbeams on while facing oncoming traffic that included the arresting officer. Client was over the age of 65 yet was requested to perform field sobriety tests. Client performed poorly and admitted to consuming alcohol earlier in the evening. Client blew above the legal limit. Result: Deferred disposition for 1 year. At the end of the 1 year period the case would be dismissed. This was an excellent outcome in light of the fact that this jurisdiction has a NO deferred disposition policy! --- ### State v. J.W. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-w/ Offense: OUI . 17% Maximum Sentence: 364 days jail, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500. 00 fine Synopsis: Client was pulled over for erratic operation. Client was from out of state and trying to "Google" directions on his smart phone. Erratic operation was captured on video. Client performed field sobriety tests and performed moderately well. Client admitted to consuming one beer earlier in the evening. Client was arrested and brought to the station for a breath test where he blew a . 17%. Result: Case dismissed prior to docket call. Prosecutor agreed that the HGN test was invalid as well as the breath test due to a . XXX error that was unaccounted for. Prosecutor dismissed based on an inability to prove the case beyond a reasonable doubt. Client was a surgeon whose surgical privileges were in jeopardy if convicted. Client also avoided any suspension time by prevailing at the BMV hearing that was conducted prior to docket call. --- ### STATE v. T.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-r/ Charges: DV Assault; Violation of Conditions of Release Maximum Penalty: $3,000. 00 fine; 18 months jail; 2 years probation; certified batter intervention program Result: DV Assault was dismissed and client took a deferred disposition on a plea to Disorderly Conduct (1 year DD time period) with a dismissal at the end. Client pled guilty to the Violation of Conditions of Release as client wasn't allowed to consume alcohol and was heavily intoxicated at the time of the arrest. Client took the plea on the VCR for time served. --- ### State v. D.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-c/ Offense: 2nd offense OUI Maximum Sentence: 364 days jail, 3 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 7 days jail, 3 year loss of license, $700. 00 fine Synopsis: Client was stopped on an 80cc dirt bike while attempting to cross the road in his local town. The reason for the stop was that there weren't any "marked trails" within 500 yards of where the client was operating his dirt bike. The client performed field sobriety tests and was arrested for suspicion of OUI. He blew a . 13% and was taken to jail where he posted bail. Result: We filed a motion to suppress all evidence obtained in violation of my client's constitutional rights. Specifically, we argued that no "reasonable articulable suspicion" existed for the stop. The judge agreed and all evidence from the time of stop was suppressed, which resulted in a dismissal of the charge. --- ### State v. A.E. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-e/ Offense: 5th OUI within 10 years Maximum Sentence: 5 years prison Mandatory Minimum Sentence: 6 months jail, 6 year loss of license, court ordered ignition interlock requirement, 6 year right to register a motor vehicle suspension Synopsis: Client was a professional who suffered from a serious alcohol addiction. During the course of a 2 year period, he completely turned his life around by entering into a detox program, then an intensive out patient program, then on to regular counseling and now maintains his sobriety through daily AA meetings. Client was a productive member of society who did a tremendous amount of good through volunteering efforts, even before he was arrested for the recent charge. Result: As a result of his efforts and the fact that a conviction would mean a loss of ability to hold a position as a professional in the future, the State agreed to impose a sentence that included 6 months jail, a 6 year loss of license and that the Defendant would be placed on deferred disposition for 5 years. If at the end of 5 years the client maintained his sobriety and remained out of trouble, the felony charge would be dismissed and the client would be allowed to plead guilty to a simple misdemeanor OUI. --- ### State v. J.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-f-2/ Offense: OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day loss of license, $500. 00 fine Synopsis: Client was stopped for suspicious behavior and erratic operation. When confronted by the officer about his drinking earlier in the evening, the client denied consuming any alcohol. Client was driving a company vehicle and held an out of state license. Client performed poorly on all field sobriety tests and blew a . 13% BrAC. Result: Based on the uncertainty of the outcome on a motion to suppress illegally obtained evidence, the DA agreed to drop the charge to a Driving to Endanger. Client was fined $750. 00 and a license suspension of 30 days was imposed. Client was able to maintain his employment since the OUI was dismissed. --- ### State v. A.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-m/ Offense: 2nd Offense OUI, . 17% Maximum Sentence: 364 days jail, 3 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 7 days jail, 3 year loss of license, $700. 00 fine Synopsis: Client had pulled to the side of the road when an officer pulled up behind her with his blue lights on. Officer stated he was concerned for client's safety and he was checking on her well-being. Client was ulitmately arrested and charged with a 2nd offense OUI after blowing more than double the legal limit. Result: Client agreed to plea guilty to the OUI in return for the State striking the prior conviction language, which resulted in a 1st offense sentence to the following: NO jail, 90 day loss of license and $500. 00 fine. The reason for this outcome was due in large part to a strong argument that my client's rights were violated as a result of the officer's actions, ie, that he had no right to prevent her movements by putting his blue lights on while behind her. Due to the uncertainty of the outcome on a motion to suppress all evidence, both sides agreed to the negotiated outcome. --- ### STATE v. C.B. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-b/ Offense: OUI Refusal Maximum Sentence: 364 days jail, 1 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 4 days jail, 1 year loss of license, $700 fine Synopsis: Client's vehicle was reported in a hit and run incident in another state. Local law enforcement had a plate number and ultimately traced the plate number back to the client's home. Client was visibly intoxicated and an investigation ensued. Client performed poorly on all of the field sobriety tests, admitted to consuming alcohol but denied recent consumption and admitted to driving the vehicle. The client was ultimately arrested for suspicion of OUI and given an opportunity for a breath test. Client attempted to submit a breath sample but there were problems with the machine. Client ultimately refused to submit to a blood test. Result: State agreed to dismiss the refusal and client pled guilty to a non-aggravated OUI. Client avoided jail time and no alternative sentencing provision was imposed. --- ### State v. K.O. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-o/ Offense: 1st Offense OUI . 13% Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day loss of license, $500. 00 fine Synopsis: Client was driving on Rt. 95 when he was stopped for speeding by the Maine State Police. Client submitted to field sobriety tests and performed fairly well. In fact, client's performance on the field sobriety tests were inconsistent with the BrAC measurement taken at the station, which was a . 13%. Result: Client's case was dropped down to a Driving to Endanger due in large part to his well documented history of GERD as well as a hiatal hernia. Client's medical records were provided to the State for review prior to trial and the DTE was negotiated. --- ### STATE v. J.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-m/ Offense: 1st Offense OUI . 16% Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500 fine Synopsis: Client was stopped by local law enforcement for weaving within his lane and crossing over the center divider and fog lines numerous times. Client was administered field sobriety tests and performed poorly. Client admitted to consuming alcohol and made numerous self-incriminating statements. Client was placed under arrest for OUI and given a breath test. Client's blew a . 16% BrAC. Result: A motion to suppress evidence for lack of reasonable suspicion was filed and argued before a Superior Court justice. During the hearing, the officer testified to the existence of a cruiser video that purported to show client's earlier poor driving. This video was never provided to the Defendant and therefore, a motion to dismiss for discovery violations was filed. Ultimately, the judge agreed that the failure by the state to provide defense counsel with the video was a serious breach of the rules of discovery and therefore, the OUI WAS DISMISSED. --- ### STATE v. J.K. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-k/ Offense: OUI Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: $500 fine and 90 day loss of license Synopsis: Client was stopped for a tail light out. Client admitted to consuming alcohol and based on the information at hand, the client was asked to submit to field sobriety tests. Client ultimately was arrested and blew a . 11% on the Intoxilyzer. A motion to suppress all evidence obtained from the time the client stepped out to perform field sobriety tests was submitted and a hearing date was set by the court. Result: Client pled guilty to Driving to Endanger and the OUI was dismissed prior to hearing. The DTE result was based largely on the strength of the motion to suppress previously filed with the court. --- ### STATE v. S.D. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-d/ Offense: OUI Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: $500 fine and 90 day loss of license Synopsis: Client was stopped for a minor traffic infraction. Client had been drinking earlier in the evening and admitted to drinking to the officer. Client performed poorly on field sobriety tests and was arrested on suspicion of OUI. Client was administered a breath test and blew over the legal limit of . 08% and was charged with OUI. Result: Client pled guilty to the crime of Reckless Conduct. As a result, no license suspension was imposed and the client remained free to drive. Considering that the client had an out-of-state license and would have been suspended for 1 year had he been convicted of the OUI, this was an excellent outcome for the client. --- ### STATE v. D.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-m/ Offense: OUI (blood test obtained) Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: 48 hours jail, $500 fine, 90 day loss of license Synopsis: Local police stumbled upon a serious accident scene where client appeared to be greviously injured. Client's car went off the road and struck a telephone pole. The pole was sheared in half and the client was partially ejected from the vehicle. The officer called for an ambulance and put Life Flight out of Central Maine Medical Center on alert for a possible emergency pickup. Client was brought to a hospital where he was worked on by a local team of doctors. Miraculously, the client's injuries turned out to be fairly minor and he was released less than 24 hours later. Prior to the client's release from the hospital and while he was being attended to by the ER staff, the investigating officer ordered that a blood sample be taken and shipped off to the State Lab for testing. In Maine, a police officer can order a blood draw if there is probable cause to believe death has or will occur. The blood draw is mandatory in those cases and is supported by statute and case law. Result: We filed a motion to suppress the results of the blood test and argued to the court that there was no probable cause to believe death had or would occur for the purposes of the blood draw. A hearing was held... --- ### STATE v. M.S. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-s/ Offense: 2nd Offense OUI . 27% Maximum Sentence: 364 days jail, 3 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 7 days jail, 3 year loss of license, $700. 00 fine Synopsis: Client was passed out drunk behind the wheel of her car in a restaurant parking lot. Client's car was running and her headlights were on. Officer feared that she had a medical issue as she was unresponsive. Once client was awakened, she admitted to drinking and was asked to perform field sobriety tests. Client was ultimately placed under arrest and administered a breath test back at the police station where she blew a . 27%. As an aside, an empty liquor bottle was found on the seat of the car. Result: A hearing before the BMV was held on the issue of probable cause. The hearings adminstrative officer agreed with my argument that because no one knew how long she'd been there and that there was evidence she may have consumed alcohol after arriving in the parking lot, the suspension was rescinded. Client was allowed to continue to drive and avoided a 3 year loss of license. --- ### STATE v. P.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-r/ Charge: Possession of Marijuana Summary: Client was stopped by the police while walking along the beach by the Old Orchard Beach PD. They told him that they could smell marijuana and decided to search the client for weed. Ultimately, the marijuana was found on the client's person and he was summonsed for possession. Result: We negotiated an outcome that resulted in a filing for the client. The client was from out-of-state and didn't want to come back to Maine to deal with the case so we took care of everything for him. The case was dismissed 6 months later. --- ### STATE v. C.D. - OUI / DUI - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-d/ Offense: OUI Maximum Sentence: 364 days jail, $2,000. 00 fine, 90 day loss of license Mandatory Minimum Sentence: $500 fine and 90 day loss of license Synopsis: Client was the lead vehicle in a 2 car "caravan" travelling from Bangor to Dover-Foxcroft. Client's boyfriend (Car #2) was driving the car behind her and was extremely intoxicated. A US Border Patrol Agent observed Car #2 operating in an erratic fashion and called the local PD. Local law enforcement fell into line as vehicle #4 (vehicle #3 is the Border Patrol) and began to observe extreme operational impairment issues with car #2. Car #1 (client) and car #2 pull into a closed gas station. Client pulls up to the gas pumps to get gas and local PD initiates a stop on car #2. During the OUI investigation of car #2 the US Border Patrol Agent assists the Dover-Foxcroft PD investigation and arrest of the driver of car #2. During that investigation, the US Border Patrol Agent unholstered his pistol and threatened to shoot the car #2's dog. The client observed this unusual and frightening episode and attempted to start her car in order to drive away. The Border Patrol Agent ordered her to shut her vehicle off and began a 2nd OUI investigation. Result: As a result of this incident, we brought a motion to suppress all the evidence obtained from what we characterized as an illegal seizure. A testimonial hearing was held and both the police officers testified. The client was... --- ### STATE v. K.D. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-d/ Offense: OUI . 13% Maximum Sentence: 364 days jail, 1 year loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 90 day loss of license, $500 fine Synopsis: Client was at a McDonald's drive through placing an order. A McDonald's employee who had a brief opportunity to observe the client's mannerisms called the police as she suspected the client was impaired. The police arrived prior to the client exiting the parking lot and confronted the client. Client admitted to consuming alcohol and performed poorly on the field sobriety tests. Client was placed under arrest and brought to the county jail for a breath test and blew a . 13%. Result: Client elected to have a jury trial. Client had a host of medical issues including COPD, GERD, asthma and chronic neck and back pain. Client suffered from a severe disability as he was dyslexic. We retained a physiologist and GERD/COPD expert on the case who provided the state with a report that showed beyond a shadow of a doubt that the breath test was completely unreliable and that his true BrAC was well under the legal limit. As a result, the State decided to go forward with trial based solely on impairment and chose not to mention that a breath test was administered, which precluded the defense from arguing that the test was invalid. The jury heard the evidence and returned a verdict of NOT GUILTY! --- ### STATE v. M.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-t-3/ Synopsis: Local police went to an accident scene to investigate a possible OUI. Client was a police officer. Arresting officer believed client was operating the vehicle at the time of the crash and instituted an extremely aggressive investigation. Client never made any admissions to driving but was ultimately arrested upon suspicion of OUI. The Chief of Police administered the breath test. Chief of Police testified under cross-examination that client was known to him as a tobacco chewer. Chief testified that while he didn't perform an "official" mouth check, that he could tell client had nothing in his mouth at the time of the breath test (in spite of fact that Chief ALWAYS trained local law enforcement to perform a proper mouth inspection). Finally, Chief testified that he never left client's presence during the 15 minute wait period. Counsel obtained video evidence that the Chief left the client's presence two separate times during the wait period; once for more than 2 minutes. Result: Following a lengthy, 3 hour hearing before the BMV, the hearings administrative officer allowed Counsel for the Defendant to submit a written argument. Upon submission of the written argument the BMV suspension was dismissed. --- ### STATE v. C.R. - OUI / DUI Refusal - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r-oui-dui-refusal/ Offense: OUI Refusal Synopsis: Client stopped for speeding. Admitted to consuming alcohol and showed visible signs of impairment. Client performed poorly on field sobriety tests and was arrested. Client brought back to the police station where the officer attempted to administer an Intoxilyzer test. Client balked at taking the breath test and asked what type of penalty would be imposed if she refused. Officer told her it would be a 90 day suspension whether she took the test and failed or she refused to take the test. Client refused. Client was then read implied consent. When client questioned the officer about the statutory minimum suspension of 275 days for a refusal, the officer informed the client that that was only for persons previously convicted for OUI. Client signed the refusal form and was subsequently suspended for refusing to submit to a breath test. Result: Following a hearing before the BMV, the 9 month administrative suspension was dismissed due to the officer providing the client with false information regarding the length of suspension, which the client relied upon to her detriment. --- ### STATE v. S.R. - Published: 2019-12-02 - Modified: 2025-02-10 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-r/ - Cases Categories: OUI, DUI, and DWI Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was called in as possible drunk driver by a concerned citizen. Client had been traveling home from out of state and when questioned by the officer allegedly made damaging admissions such as "I'm too drunk to take this test" and performed poorly on the entire batter of field sobriety tests. Following cross-examination of the arresting officer, Counsel learned that the arresting officer was "green" and administered every field sobriety test in the incorrect manner, thus violating the standardization principles and calling the results of those tests into question. Client also suffered from chronic heartburn and took Prilosec for his acid reflux on a daily basis. As a result of the officer's testimony at the BMV hearing and in light of the credible explanations for the client's performance on the SFSTs, the State agreed to resolve the case through a plea to the charge of Reckless Conduct. As a result, the client was able to keep his license and there was no impact to his insurance as it was a non-driving offense. Result: Client pled guilty to the charge of Reckless Conduct for a fine of $700 and the OUI charge was dismissed. --- ### STATE v. S.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-c/ Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was reported as a drunk driver by an off-duty police officer. Client was stopped by another officer and ordered to perform field sobriety tests. Client had physical issues that prevented him from performing the tests to the satisfaction of the officer. Result: Client pled guilty to the charge of Driving to Endanger for a fine of $750 and a 30 day loss of license. --- ### STATE v. J.E. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-e/ Offense: OUI Refusal Synopsis: Client was stopped for allegedly exceeding the speed limit by greater than 30mph. Arresting officer testified that the client exhibited signs of impairment that included slurred and slow speech, clues on the SFSTs, including 6 clues on HGN as well as difficulty with completing the ABCs. Client was subsequently arrested for suspicion of OUI and subsequently refused to submit to a breath test. Client testified in his defense and was found to be a reliable and credible witness. Client testified as to being legally blind in one eye which disqualified him as a candidate for HGN and upon hearing his speech pattern, it was determined that the slurred speech the officer observed was just a nuance of his particular speech pattern. Client further testified to chemicals that he was exposed to during the course of his employment which mimicked the odor of alcohol and was present on his clothing on the day of the stop. Result: Following a lengthy hearing before the BMV, the 9 month administrative suspension was dismissed for a lack of probable cause to believe the client was operating a motor vehicle under the influence. --- ### STATE v. A.J. - OUI & Possession of Marijuana - Published: 2019-12-02 - Modified: 2025-02-04 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-j/ - Cases Categories: OUI, DUI, and DWI Offense: OUI & Possession of Marijuana Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days on the OUI and a fine of $400 on the possession of marijuana charge. Synopsis: Client was stopped for speeding. Client performed the field sobriety tests to the officer's satisfaction but failed the HGN portion of the SFSTs. However, it was learned during the course of the BMV hearing that the officer failed to shut down his flashing blues which may have actually caused optokinetic nystagmus which is not alcohol induced. As a result of the BMV hearing, a favorable disposition on the criminal case was obtained. Result: Client pled guilty to the charge of Driving to Endanger for a fine of $575 and a 30 day loss of license. The OUI and marijuana charges were dismissed as part of the plea agreement. --- ### STATE v. P.N. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-n/ Charge: Operating after Suspension Maximum Penalty: 6 months jail; $1,000. 00 fine Result: Case dismissed following a successfully litigated motion to suppress evidence. --- ### STATE v. D.L. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-l/ Charge: Domestic Violence Assault Maximum Penalty: $2,000. 00 fine; 364 days jail; 2 years probation; CBIP program Result: Case dismissed prior to trial. --- ### STATE v. B.A. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-a/ Offense: 2nd Offense OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $700 fine, 7 days jail and a 3 year loss of license. Synopsis: Client was stopped for erratic operation. Client failed the field sobriety tests and a breath test result of . 12% was obtained. The breath test was captured on departmental video and showed that the client had all of his mental/physical faculties, in spite of the officer's testimony. Client suffered from a chronic case of GERD and had severe problems with his knees and back. Result: Based on the employment of an expert witness to testify to the GERD issue and his debilitating physical issues, the state agreed to dismiss the 2nd offense OUI charge and he pled guilty to Driving to Endanger. Client had an out-of-state driver's license and an OUI conviction would have resulted in a loss of his license and employment. --- ### STATE v. N.B. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-n-b/ Offense: Aggravated OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Maximum Sentence: 364 days jail and a fine of $2,000. 00. Synopsis: Client was stopped for suspected drunk driving and submitted to field sobriety tests. Client failed the SFSTs miserably and submitted to a breath test where a result of . 27% was obtained. Client subsequently enrolled in a residential drug and alcohol treatment program where he spent nearly 90 days dealing with his addiction issues. On advice of counsel, client wrote a letter of responsibility to the District Attorney summarizing what he had been through, the impact of the OUI charge on his life and what he had learned from the experience. Result: Client pled guilty to the charge of OUI with a sentence of no jail, a fine of $500 and a license suspension of 90 days. The sentence imposed was extremely lenient in light of the client's driving behavior and breath test but was reasonable in light of the enormous amount of work the client performed to ensure future success in overcoming his alcohol addiction. --- ### STATE v. E.H. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-h/ Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was stopped for speeding. Client failed the field sobriety tests and a breath test result of . 11% was obtained. Result: Case dismissed based on a Motion to Suppress Evidence due to the stop constituting an extraterritorial stop. --- ### STATE v. L.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-l-t/ Offense: Aggravated OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine, 48 hours jail and a license suspension of 90 days. Synopsis: A BMV hearing was held on the issue of whether or not a valid breath test was obtained. The officer who operated the intoxilyzer obtained a breath test result of . 24%. However, that test result was preceded by an invalid sample (. XXX) error message. Because the officer failed to restart the wait period as proper procedure would dictate, the test result was excluded and the client's license was restored. The criminal case included an independent witness who called the client's car in as a suspected drunk driver to 911 and gave a statement. Field sobriety tests were conducted and there were apparent issues with the administration of HGN as well as performance issues with the client. Result: Client pled guilty to the charge of Driving to Endanger (DTE) for a fine of $600 and a license suspension of 30 days. The OUI charge was dismissed in light of the plea agreement. Had the client gone to trial and lost, it is likely that the court would have imposed a more severe jail term than was required by statute due to the driving issues reported by the eyewitness motorist. --- ### STATE v. J.D. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-d/ Offense: OUI & Leaving the Scene of an Accident Maximum Sentence: 364 days jail and a fine of $3,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was an out-of-state driver and a member of the military who was called in by an anonymous tipster. The client had struck a number of mail boxes with his vehicle as his car continually drifted off of the road. Client went off of the road where he was ultimately found by the arresting officer. Client performed extremely poorly on the field sobriety tests and admitted to "being drunk". Client submitted to a breath test and blew above the legal limit. Result: Client was placed on deferred disposition for a period of one year. At the conclusion of one year the client's OUI and Leaving the Scene of an Accident charges were dismissed and he pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days to run concurrent with the previously imposed BMV suspension. --- ### STATE v. J.G. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-g/ Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was a Canadian citizen who was stopped for OUI. Case was unremarkable. Field sobriety tests were properly administered and there were no issues with the breath test. Result: Client was placed on deferred disposition for a period of 6 months with the end result being that the OUI would be dismissed following the expiration of the 6 month period. --- ### STATE v. M.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-t-2/ Synopsis: A BMV hearing was held on the sole issue of whether or not the client refused to submit to a breath test. The arresting officer, a Maine State Trooper, testified that the client was blowing intermittently during the test and was trying to "defeat" the test by "blowing around the mouth piece. " Under cross examination the trooper testified that he did not know what a . XXX error message was and had no idea about the requirement that the two breath samples be within . 02% of each other. On the basis of the . XXX result and the failure to obtain two breath samples within . 02% of each other, the Hearings Administrative Officer dismissed the case. The client was spared having to serve the 275 day suspension for a refusal to submit to a breath test. --- ### STATE v. J.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-f/ Offense: OUI with a breath test above . 15% Maximum Sentence: 364 days jail, 90 days loss of license and a fine of $2,000. 00. Mandatory Minimum Sentence: 48 hours jail, $500 fine and loss of license 90 days. Synopsis: Client lost the BMV hearing and her license was subsequently suspended for 90 days. Good issues with performance on the field sobriety tests and an argument could be made about the reliability of the breath test. Client was a college student she had concerns about the effect of a conviction on her future. Result: Client pled guilty to Driving to Endanger for a fine of $575. 00 and a license suspension of 30 days to run concurrent with the previously imposed BMV suspension. --- ### STATE v. P.M. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-m/ Charge: OUI (. 16%) Mandatory Minimum Penalty: $500 fine; 48 hours jail; 90 day loss of license Maximum Penalty: $2,000. 00 fine; 364 days jail Summary: Client was arrested for OUI but faced big problems as a result of the charge. The client was on probation out of Florida and was told that ANY criminal conviction would equal an imposition of a 10 year prison sentence. The client had been on probation for a serious drug trafficking charge and was terrified about going back to prison. Result: Case filed for a filing fee of $250. 00. Client's probation was not revoked as a result of the negotiated outcome we achieved for the client. --- ### STATE v. C.R. - OUI / DUI - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-r/ Charge: OUI (. 16%) Mandatory Minimum Penalty: $500. 00 fine; 48 hours jail; 90 day loss of license Maximum Penalty: $2,000. 00 fine; 364 days jail Summary: A concerned motorist observed the client slumped over her wheel and unresponsive. The concerned motorist called 911 and the police were dispatched to client's location. When the police arrived on scene, they found that the client was passed out behind her wheel with the car running, the headlights on and her foot on the brake and car in gear. The client was heavily intoxicated and was arrested for OUI. Client blew a . 16% BrAC back at the station. Result: Through careful and skilled negotiation, we were able to get the DA to agree to dismiss the OUI charge in return for a plea to Driving to Endanger with a fine of $750. 00. --- ### STATE v. T.H. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-h-2/ Offense: Criminal Speed (102mph in 65mph zone) Maximum Penalty: 6 months jail; $1,000. 00 fine; license suspension Summary: Client was stopped for criminal speed and summonsed for court. Client admitted to trooper that she wasn't paying attention to her speed and had no idea how fast she was going. Client had a history of speeding. Result: Client placed on deferred disposition with requirement that she participate in a driver education course. Case was dismissed following the successful completion of the deferred disposition program and client admitted to a speeding for 29mph over the speed limit for a $500. 00 fine. --- ### STATE v. R.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-r-f/ Offense: OUI Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was an out-of-state college student who was involved in a single car accident. Client suffered a concussion when his head hit the windshield. Client subsequently vomited in his car. Investigating police officer administered field sobriety tests in spite of the client's concussive state. Client subsequently refused to submit to a breath test. Result: Client pled guilty to a Driving to Endanger for a fine of $750 and a license suspension of 30 days to run concurrently with the previously imposed BMV suspension. --- ### STATE . C.N. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-c-n/ Charge: Criminal Speed Maximum Penalty: $1,000. 00 fine; 6 months jail Result: Criminal Speed charge dismissed in return for an admission to speeding at 29mph over the limit. As a result, client avoided a criminal record and a jail sentence. --- ### STATE v. D.D. PART 1 - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-d-part-1/ Synopsis: Client was exceeding the speed limit by more than 30mph in a speed restricted part of town. Client allegedly "resisted arrest", was tazed and charged with a multitude of crimes including OUI. During the BMV hearing which took place over the course of 2 days, testimony from all parties indicated that the client had consumed alcohol while using chewing tobacco. The arresting officer did not conduct the Intoxilyzer test and therefore couldn't specifically recall whether or not the client had tobacco in his mouth. Client testified to the presence of tobacco and provided the Hearings Administrative Officer with medical documentation supporting that same assertion. An expert witness testified to serious reliability issues with the breath test in light of the presence of the tobacco. Result: Suspension was rescinded. Client had a CDL and was able to maintain his employment and his life remained intact. The Hearings Administrative Officer was extremely skeptical as to the effect of tobacco on a breath test but was ultimately convinced by Counsel's evidence including his expert witness testimony. --- ### STATE v. P.W. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-w/ Offense: OUI Refusal with a single car accident Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: 96 hours jail, $700 fine and loss of license for one year (BMV and court suspensions). Synopsis: Client was an out-of-state college student who was involved in a single car accident. Client suffered a concussion when his head hit the windshield. Client subsequently vomited in his car. Investigating police officer administered field sobriety tests in spite of the client's concussive state. Client subsequently refused to submit to a breath test. Result: Client pled guilty to a Driving to Endanger for a fine of $750 and a license suspension of 30 days to run concurrently with the previously imposed BMV suspension. --- ### STATE v. M.H. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-h/ Offense: OUI Refusal Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: $700 fine and a license suspension of one year. Synopsis: Client was stopped for erratic operation. Client refused to submit to field sobriety tests and following a complaint of chest pains, was shipped to the hospital. Client refused to submit to a blood test. Result: Client litigated the issue of both the refusal and the stop but was denied relief by the court. Client subsequently pled guilty to a no-jail OUI for a fine of $500 and a license suspension of 90 days. --- ### STATE v. A.C. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-a-c/ Offense: OUI with an elevated breath test Maximum Sentence: 364 days jail and a fine of $2,000. 00. Mandatory Minimum Sentence: 48 hours jail; $500 fine and a license suspension of 90 days. Synopsis: Client was found passed out behind the wheel in the travel lane of a major roadway at 2am. The car was in gear, the client's foot was on the brake and the vehicle was running. The client performed extremely poorly on the field sobriety tests and blew above a . 15% on the breath test. Synopsis: Client was found passed out behind the wheel in the travel lane of a major roadway at 2am. The car was in gear, the client's foot was on the brake and the vehicle was running. The client performed extremely poorly on the field sobriety tests and blew above a . 15% on the breath test. Result: Client pled guilty to a Driving to Endanger for a fine of $575 and a license suspension of 30 days to run concurrently with the previously imposed BMV suspension. --- ### STATE v. D.R. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-d-r/ Offense: OUI Maximum Sentence: 364 days jail, 90 days loss of license and a fine of $2,000. 00. Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days. Synopsis: Client was stopped for "erratic operation" by the Maine State Police. Client allegedly failed his field sobriety tests and was subsequently arrested for OUI. Client blew above the legal limit. Cruiser video was obtained that showed the trooper improperly administered the field sobriety tests and that the client performed much better than what the trooper wrote in his report. Result: Client pled guilty to Driving to Endanger for a fine of $575 and a suspension of his privileges for 30 days. The officer was made on the day of jury selection and subsequently accepted by the client. --- ### STATE v. B.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-b-f/ Offense: 1st offense OUI Refusal Maximum Sentence: 364 days jail; $2,000. 00 fine Mandatory Minimum Sentence: 4 days jail; $700 fine; 1 year loss of license Synopsis: Client was driving back to a local hotel with his finance after viewing different wedding venues. Client had been consuming alcohol and was stopped for speeding. Client refused to submit to field sobriety tests and subsequently refused to submit to the breath test. Result: A fine of $575 and 30 day loss of license was imposed following a plea of guilty to the charge of Driving to Endanger. --- ### STATE v. C.C. - 1st Offense OUI / DUI - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-c-c/ Offense: 1st offense OUI with a . 17% BrAC Maximum Sentence: 364 days jail; $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail; $500 fine; 90 day loss of license Synopsis: Officer followed the Client as he drove home from a local bar. Client pulled into a parking area after being signaled to stop by the officer. Video showed that client was operating erratically and client performed poorly on the field sobriety tests. Client made admissions to drinking including the admission that he was too impaired to drive. Result: Plea agreement that included the mandatory minimum fine and a 90 day loss of license that ran concurrently to the previously imposed BMV suspension. The allegation of a specific BrAC was stricken, thus saving the Client from serving any jail time. --- ### STATE v. S.F. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-f/ Offense: 2nd offense OUI with a breath test above . 15%, Failure to Stop for a Police Officer Maximum Sentence: 1. 5 years total on all charges, 3 year loss of license on the OUI and a total fine of $3,000. 00. Mandatory Minimum Sentence: 7 days jail, $700 fine and loss of license 3 years on the OUI. Synopsis: Client was operating erratically and was reported to 911 by another motorist. Client was signaled to stop by law enforcement but failed to stop until he pulled into his driveway. Client refused to submit to field sobriety tests but made some damaging admissions about his level of impairment. Client submitted to a breath test, which resulted in an elevated test result. Result: Client pled guilty to 1st offense OUI for a fine of $700, a 90-day loss of license and 48 hours alternative sentencing (non-jail disposition). The prior offense was stricken from the complaint and the Failure to Stop for a Police Officer was dismissed. --- ### STATE v. K.K. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-k-k/ Offense: 1st offense OUI Maximum Sentence: 364 days jail, 90 day loss of license, $2,000. 00 fine Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500. 00 fine Facts: Client's car was called in by a concerned motorist who indicated that the client was driving "all over the road". Client was stopped by the Sheriff's Department and ultimately arrested for OUI. Client admitted to drinking and performed poorly on the field sobriety tests. Client blew a . 17%. During our background check on the deputy we learned that the deputy's Intoxilyzer certification had expired, which resulted in the invalidation of the test results. Result: BMV suspension rescinded and client pled guilty to a Driving to Endanger charge for a fine of $575. 00 and a suspension of his privileges for 30 days. --- ### STATE v. P.Z. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-p-z/ Charge: OUI Refusal Mandatory Minimum Penalty: 4 days jail; $600 fine; 1 year loss of license (275 days admin + 90 days conviction) Maximum Penalty: 364 days jail; $2,000. 00 fine Summary: Client was stopped for erratic operation. Client was given field sobriety tests and ultimately arrested for OUI. Client was brought back to the PD and refused to submit to a breath test. Result: OUI Refusal dismissed and client pled guilty to Driving to Endanger for a fine of $700 and a 30 day loss of license. --- ### STATE v. S.B. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-b/ Offense: OUI with a breath test of over 3x the legal limit (. 27%) Maximum Sentence: 364 days jail, 90 days loss of license and a fine of $2,000. 00. Mandatory Minimum Sentence: 48 hours jail, $500 fine and loss of license 90 days. Synopsis: Client had an extreme case of gastrointestinal esophageal reflux disease. Client performed poorly on the field sobriety tests and there was credible evidence that she was operating her car in an extremely erratic fashion. Result: Client pled guilty to a non-aggravated OUI charge for a fine of $500 and a suspension of her driving privileges for 90 days. Due to the extremely high BrAC level, a judge could have imposed a much harsher sentence than the mandatory minimum of 48 hours. Therefore, a plea agreement to no jail and no alternative sentencing was in her best interests. The evidence collected concerning her GERD issue was key in this particular case and gave credence to our argument that while she may have been impaired, she wasn't over a . 15%. --- ### STATE v. J.St. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-j-st/ Charges: Trafficking in Marijuana (Class C felony); Possession of Marijuana (civil offense); Operating After Suspension (Class E misdemeanor Maximum Penalty: 5 1/2 years prison; $6,500. 00 penalty Summary: Client was stopped for an alleged tail light violation. Client's record was run and was found to be operating under suspension. Client was arrested and the vehicle was searched where a large amount of cash, scales and marijuana were found. Result: All charges were dismissed and the client admitted to the civil possession of marijuana charge. --- ### STATE v. E.W. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-e-w/ Charge: OUI; Illegal Transportation of Liquor by a Minor Maximum Penalty: $2,500. 00 fine Result: Dismissal of all charges. Client pled guilty to Driving to Endanger for a $500 fine and a 30 day loss of license. --- ### STATE v. T.H. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-h/ Charge: OUI Maximum Penalty: $2,000. 00 fine; 364 days jail Result: OUI dismissed in return for a plea of guilty to Driving to Endanger for a $600. 00 fine and a 30 day loss of license. --- ### STATE v. M.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-m-t/ Offense: OUI Refusal... 30 days later client was arrested for a second OUI Maximum Sentence: 364 days jail on each charge as well as a fine of $2,000. 00 on each charge and a total license suspension of 3 years if convicted of both offenses. Mandatory Minimum Sentence: 96 hours jail, $700 fine and loss of license on 1st OUI of 1 year... on the second charge, 7 days jail, 3 year loss of license and a fine of $700 as well as a 3 year suspension of the client's right to register a motor vehicle. Synopsis: On the OUI Refusal, the client actually submitted to a breath test for which the result was a . XXX% error message. The officer failed to restart the 15 minute wait period and thus the case was dismissed at the BMV level. This was used as leverage for negotiating a global resolution of both cases in criminal court. Result: Client pled guilty to a non-aggravated OUI charge for a fine of $500 and a suspension of her driving privileges for 90 days. The Refusal charge was dismissed. The client avoided jail time as well as a 3 year loss of license. --- ### STATE v. T.T. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-t-t/ Charge: 4 Counts of Aggravated Assault (Class B felony) and 1 Count of Reckless Conduct (Class C felony) Maximum Penalty: 45 years prison; $45,000. 00 fines Summary: Client was involved in a head-on collision with another car. Everyone in the second car was severely injured and there was talk that both drivers were playing "chicken". The state waited 2 years before indicting my client and charging him with the aforementioned crimes. Result: State was unable to provide us with the raw data from the forensic mapping and crash reports. Without the raw data, we couldn't determine whether or not the data was compiled and interpreted correctly. We had a hearing on this issue and the court's decision was that none of the state's reports were admissible. As a result, all charges were dismissed and my client pled guilty to Driving to Endanger for a fine of $575. 00 and a license suspension of 30 days. --- ### STATE v. S.L. - Published: 2019-12-02 - Modified: 2019-12-02 - URL: https://www.notguiltyattorneys.com/case-results/state-v-s-l/ Charges: DV Assault; Violation of Conditions of Release Maximum Penalty: $3,000. 00 fine; 18 months jail; 2 years probation; certified batter intervention program Result: Violating Conditions of Release charge dismissed and DV Assault charged filed for a period of 6 months. --- --- ## Staff ### Daniel D. Feldman - Published: 2025-04-09 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bio/daniel-d-feldman/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI / DWI ChargesSex CrimesDrug ChargesFederal ChargesDomestic ViolenceJuvenile Offenses What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Attorney Dan Feldman has been practicing law nearly 25 years, with experience spanning complex litigation, asbestos defense, and general family and criminal matters. A seasoned trial attorney, Feldman is known for rigorous preparation and a strong command of case law and rules of evidence and procedure. Attorney Feldman began his legal career as an associate in one of the largest firms in the world, served as an Assistant District Attorney in Maine’s Fourth and Sixth Prosecutorial District (Kennebec and Sagadahoc counties), and also served as court-appointed defense counsel in criminal and child protection cases. He has represented billion-dollar businesses, homeless veterans and everyone in between. He has argued (and won) cases on appeal to the Maine Supreme Judicial Court. In addition to his training and work in the legal field, Feldman earned a Master’s Degree in Education from Hunter College in 1999 and taught at the middle school, high school, and college levels. He brings an educator’s lens to his legal work. He continues to gain experience and legal education, including recent CLEs focused on the intersection of AI, brain science, and the law through Fordham University. Attorney Feldman enjoys helping clients with legal issues gain clarity and achieve positive outcomes, recognizing that often these are some of the best people in the world who he only sees at their... --- ### Jennifer A. Davis > Attorney Jennifer Davis, a well sought out advocate, has dedicated two decades to building a successful law career focused on criminal law. - Published: 2025-03-10 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bio/jennifer-a-davis/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI / DWI ChargesSex CrimesDrug ChargesFederal ChargesDomestic ViolenceJuvenile Offenses What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Attorney Jennifer A. Davis has dedicated twenty-seven years to building a successful law career focused on family and criminal law. As a well-known and sought-after advocate in Maine, she takes great pride in the clients she helps and the cases she handles. Working as a defense attorney for a private insurance firm, Attorney Davis spent her first five years practicing law in Stamford, Connecticut, later moving on to start her own law firm. Now, as a Senior Attorney at The Maine Criminal Defense Group, she brings decades of experience and a deep commitment to client advocacy. Attorney Davis is a compassionate and seasoned litigator, excelling in mediation and negotiation while confidently advocating in court when needed. She listens closely to clients, guiding them with strategic and effective legal solutions. Attorney Davis has built a reputation as a fierce and effective trial attorney, having never lost a jury trial in over a dozen cases, ranging from simple misdemeanors to complex sexual assault matters. As an undergraduate at Bowdoin College, Attorney Davis interned for Senator George J. Mitchell in Washington, D. C. , assisting constituents and covering legislative hearings. She graduated with a double major in History and Government and a minor in Education before teaching high school in Saco, Maine. She made history as Maine’s first female varsity boys’ contact... --- ### Laura Lowenthal - Published: 2024-02-01 - Modified: 2024-03-25 - URL: https://www.notguiltyattorneys.com/bio/laura-lowenthal/ - Staff Categories: Administration Team What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Chief of Staff Laura Lowenthal is a compassionate and dedicated manager who brings a distinctive blend of expertise to her pivotal role. In her capacity as Chief of Staff, Laura orchestrates day-to-day operations and ensures the Firm’s work aligns with its vision and values. Through her leadership and empathetic approach, Laura is dedicated to bolstering and championing the Firm's commitment to delivering unparalleled legal support.   Laura’s background is indispensable to the work of the Firm. Graduating with a Master's Degree in Social Work from Rutgers University, and a Bachelor's Degree in Spanish and English from Skidmore College, she has also received certifications in the William Bridges Transition Model, Internal Family Systems Level I, Polyvagal and True Purpose®.   Her diverse professional background, including catering, event planning, television production, and sports marketing, put her on the path to developing and leading one of Maine's largest grant programs, the Community Partnership for Older Adults, funded by the Robert Wood Johnson Foundation. During her ten-year tenure as Executive Co-Director, she distributed national grants embodying the organization's mission of challenging the way support services were thought about and delivered to our aging population.   Boston born, Laura grew up in New Jersey and settled in Maine where she has raised her family. Living in this vibrant state holds profound meaning for her, and in her free time, she finds joy in personal and professional mindset... --- ### Mikayla Martin > Mikayla Martin excels in criminal defense cases in Maine, handling cases from drug charges to homicide with comprehensive legal knowledge. - Published: 2024-02-01 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bio/mikayla-martin/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI / DWI ChargesDrug Charges What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Attorney Mikayla Martin’s law practice is dedicated to representing clients in criminal defense cases. With a wealth of experience in both state and federal criminal law, she has successfully represented individuals facing a spectrum of charges, from criminal speeding to homicide. To stay informed of the latest developments in criminal law, Attorney Martin actively participates in training sessions sponsored by the Commission on Indigent Legal Services, the Maine Association of Criminal Defense Lawyers, and the National Association of Criminal Defense Lawyers, the National College of DUI Dense. Her commitment to excellence is further evidenced by completing the National Highway Traffic Safety Association’s course on administering Standardized Field Sobriety Tests, obtaining the same training as law enforcement professionals. During law school, Attorney Martin served as a law clerk at the Maine Criminal Defense Group, where she was the lead writer and researcher for a team of attorneys. Additionally, she worked as a student attorney at the law school’s Juvenile Justice Clinic. Attorney Martin is a graduate of the University of Maine School of Law. Her academic focus encompassed criminal law, juvenile law, and cannabis law. Attorney Martin’s dedication to research is evident in her case study on the criminal prosecution of pharmaceutical executives under the Federal Rico statute. Additionally, she authored a white paper addressing Maine's practice of binding over juvenile offenders to adult... --- ### Thomas L. Richard > With extensive criminal defense experience, Attorney Thomas Richard defends clients in Maine with expertise and empathy, seeking favorable outcomes. - Published: 2024-02-01 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bio/tom-richard/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI / DWI ChargesSex CrimesDrug ChargesDomestic Violence Charges What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Since joining the Maine Criminal Defense Group in 2021, Attorney Thomas (Tom) Richard has handled a diverse practice, covering cases from operating under the influence and other traffic offenses to property crimes, domestic violence assault, serious violent felonies, drug possession and trafficking, and sexual assault. He has also served as an attorney-advisor in Title IX cases, offering legal representation to students accused of sexual misconduct at multiple colleges and universities in Maine. With a successful track record of trying cases before juries statewide, Attorney Richard demonstrates a robust advocacy for his clients in various legal proceedings, such as bail hearings, motions hearings, sentencing proceedings, and administrative hearings. Known for adept legal research skills, Attorney Richard enjoys delving into the depths of legal materials to uncover the elusive "right answer. "Attorney Richard has effectively developed his expertise in defending clients charged with operating under the influence. He completed the same standardized field sobriety training as law enforcement officers, using this knowledge to benefit his clients in negotiations with prosecutors. Attorney Richard has successfully exposed weaknesses in the state's case related to the flawed administration and interpretation of field sobriety tests by arresting officers. Attorney Richard is drawn to the practice of criminal defense because it offers the opportunity to help others during challenging times. Firm in his belief that individuals, particularly... --- ### Leonard “Lenny” Sharon - Published: 2024-02-01 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bio/leonard-sharon/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI/DWI ChargesSex CrimesDrug Charges What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Bio is coming soon! The Maine Criminal Defense Group Kennebunk, Brunswick, & Portland Criminal Defense Attorneys https://www. youtube. com/embed/u7-W4PGo9qk ATTORNEY BILL BLY RECOGNIZED FOR EXCELLENCE Mr. Bly has been recognized by his peers for excellence in the criminal and DWI field and is highly rated by his clients. Mr. Bly was recently selected as Rising Star in DUI/DWI/OUI defense by New England Super Lawyers Magazine. Mr. Bly is one of only 2 attorneys selected in 2012 for the states of Maine, New Hampshire, Connecticut, Vermont, Massachusetts and Rhode Island. In addition, Mr. Bly has written an e-book titled “The DWI Survival Guide: Demystifying the Process” and has co-authored a national publication through Aspatore Press titled “Inside the Minds: Handling DUI Vehicular Homicides. ”Mr. Bly is admitted to practice in front of all New Hampshire and Maine State courts, including the Maine and New Hampshire Supreme Courts and the United States District Court – District of Maine and the United States District Court – District of New Jersey as a non-practicing member. Mr. Bly is a veteran of the United States Army and completed tours of duty in Ft. Benning, Georgia, Kuwait and Saudi Arabia during Operation Vigilant Warrior. He received his Honorable Discharge from the United States Army in 1997 and successfully completed an enlistment period from 1997–2004 in both the New Jersey and... --- ### Nathan Hitchcock > With extensive trial experience, Senior Attorney Nathan Hitchcock defends clients facing criminal charges in Maine with empathy and expertise. - Published: 2024-02-01 - Modified: 2025-05-27 - URL: https://www.notguiltyattorneys.com/bio/nathan-hitchcock/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI/DWI ChargesSex CrimesDrug ChargesFederal ChargesDomestic ViolenceJuvenile OffensesPardons What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Attorney Nathaniel H. Hitchcock (Nathan) is a seasoned litigator with extensive jury trial experience. While specializing in adult criminal defense, Attorney Hitchcock has experience defending children in the Juvenile system, as well as handling protection orders and guiding clients in the pardon process to seal convictions. Known for his empathetic and patient approach, he vigorously advocates in official matters to achieve optimal results, providing support during what may be the most challenging moments in his clients' lives. Attorney Hitchcock’s practice includes a wide spectrum of criminal cases, with a focus on drunk driving defense, and includes high-stakes offenses like domestic violence assault, sexual assaults, and vehicular manslaughter. He is committed to keeping clients informed throughout the legal process. His adeptness at finding weaknesses in State’s cases, contributes to securing favorable outcomes, and enabling clients to move forward with dignity and other important considerations intact. Attorney Hitchcock's credentials include a comprehensive understanding and expertise in handling cases related to operating under the influence (OUI). He has completed the National Highway Traffic Safety Association’s course on administering Standardized Field Sobriety Tests, the Advanced Roadside Impaired Driving Enforcement program, and is pursuing Drug Recognition Expert training. He is a member of the National College on DUI Defense and the DUI Defense Lawyers Association, actively participating in training and seminars to enhance trial skills. He... --- ### William T. Bly > William Bly, esteemed OUI & defense attorney in Maine, boasts extensive DUI expertise, dedicated to justice in federal & state courts. - Published: 2024-02-01 - Modified: 2025-05-29 - URL: https://www.notguiltyattorneys.com/bio/william-t-bly/ - Staff Categories: Legal Team Significant Experience In Criminal ChargesOUI/DWI ChargesSex CrimesDrug ChargesFederal Charges What Our Clients Say Read More Reviews Email info@mainecdg. com Phone (207) 571-8146 PROFESSIONAL PROFILES Facebook Twitter Linkedin Owner and Managing Attorney William T. Bly has spent two decades building a law practice centered on the pursuit of justice with an unwavering commitment to his clients. He is committed to fighting for individuals confronting legal challenges embodying the principles of integrity, compassion, and perseverance. The pursuit of justice transcends mere obligation. For Attorney Bly, it is a profound calling. Representing clients in both federal and state courts, he has successfully defended individuals facing an array of charges, including manslaughter, aggravated felony assault, simple assault, criminal threatening with a deadly weapon, reckless conduct with a deadly weapon, domestic violence assault, possession of drugs, trafficking in drugs, conspiracy to traffic in drugs, serious sex assaults involving children, gross sexual assault, and child pornography cases. Actively engaging in OUI seminars nationwide, Attorney Bly consistently expands his knowledge to provide optimal defenses for his clients. He has extensive experience litigating and trying drunk driving cases before Maine juries including OUI manslaughter, aggravated OUI, OUI involving serious accidents with bodily injury, high breath test OUI cases, OUI cases where a blood draw was performed, and driving under the influence of drugs. After achieving a reputation as an unapologetically fierce trial attorney during his first decade of practicing law, he decided to pursue a higher level of trial advocacy and was accepted to the prestigious undergraduate and... --- ---