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Maine Manslaughter Defense Attorneys
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Manslaughter criminal charges in Maine
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.
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 intending to hurt someone else but is ignoring the fact that what they’re doing most certainly could.
Criminal negligence, on the other hand, is failing to be aware of a risk that your conduct will produce a specific result. An example of criminal negligence would be spinning donuts in a snowy parking lot. Even though most of the lot is empty, you’re risking losing control of your car and damaging other cars, or someone else’s property. Not being aware of this risk is criminal negligence.
A murder charge can also turn into one for manslaughter if there is a mitigating factor involved. The mitigating factor is that the death was caused intentionally or knowingly, like a murder, but also came about as a result of extreme anger or fear, and that this anger or fear was the result of an adequate provocation.
In order for this mitigating factor to work, though, it’s important that the provocation that leads to the extreme anger or fear has to be substantial. It cannot be induced, or brought about, by the person who ends up doing the killing. It also has to reasonably lead to a strong feeling of fear or anger – someone with a short temper won’t be able to benefit from this mitigating factor more than someone who is often calm and complacent.
Penalties for Manslaughter in Maine
Manslaughter is a Class A felony in Maine. Crimes of this type come with a maximum of 30 years in prison and up to $25,000 in fines.
However, in Maine, crimes committed with a dangerous weapon are treated as one crime class worse than it would be if no weapon were used. However, because Class A felonies are already the most serious class of crime in the state, the use of a dangerous weapon during manslaughter will be taken into consideration when the judge determines the sentence, if you get convicted.
If convicted for manslaughter, in addition to the standard criminal sanctions that you could face, such as jail time and fines, there are also what are known as “collateral consequences.” These are obstacles that you could face as a result of having a serious felony on your criminal background. Collateral consequences come in a variety of shapes, but most often crop up when you’re trying to find work. One collateral consequence of having a felony-level conviction in your past is that you have to disclose your criminal history on a job application. This often makes it more difficult to get a job, and sometimes makes you ineligible for certain kinds of employment.
How a Criminal Defense Attorney Can Help
Decades behind bars, thousands in fines, and even more collateral consequences once released from prison are all daunting prospects. But they only need to be dealt with if you get convicted for a manslaughter charge. The best way to prevent being convicted is to fight against the charges to the best of your ability. Hiring a defense attorney is the best way to do this.
Manslaughter charges are criminal charges. They need to be proven by the prosecutor beyond a reasonable doubt. Criminal defense attorneys like William T. Bly are professionals at raising reasonable doubts.
Charges for manslaughter provide lots of room for a criminal defense attorney to work. After learning all of the details of the case, defense attorneys formulate a strategy to attack the weakest points in the prosecution’s case and defend against its strongest arguments. Depending on the facts of your case, the best strategy might be, for example, to argue actual innocence, and claim that you did not actually commit the crime. Another strategy might be that you did commit the crime, but it was justified because of self-defense. Inside each strategy will be smaller moves, like excluding evidence, or finding character witnesses.
Attorney William T. Bly is a professional criminal defense attorney. With years of experience defending those charged with crimes in Maine, he has developed a knack at determining exactly what the best strategy is for each and every one of them. Knowing that no case is ever the same, attorney William T. Bly creates a unique defense strategy for every one of his clients, based on the facts on hand. His experience defending against criminal charges in Maine has also made him familiar with how the region’s prosecutors handle their cases, as well as their strengths and weaknesses. All of this information is used to better defend you against a criminal charge for manslaughter.
The penalties are real, but they need to convict you, first. With William T. Bly on your side, you’ll have one of the best criminal defense attorneys in the area standing between you and decades behind bars.
Manslaughter in Maine frequently asked questions
Out of all of the criminal cases involving an allegation of operating under the influence (OUI)in the Portland area, those that stem from fatal car accidents are the most severe. Rather than being charged with a standard OUI, the criminal charge becomes one for manslaughter.
Here are answers to some of the most commonly asked questions about the law of OUI manslaughter in Maine.
What is manslaughter?
Manslaughter is a type of homicide. Homicide is the unlawful killing of another human being. Those that are done intentionally are murders. Those that are done unintentionally are manslaughters.
The law in Maine considers fatal car accidents that were caused by an inebriated driver to be manslaughters: Getting behind the wheel of a car while impaired, in the eyes of the law, amounts to at least the level of criminal negligence or recklessness that is necessary to support a manslaughter charge.
How do the police investigate OUI manslaughter charges in Maine?
After every fatal crash, and even most crashes that lead to a serious injury, police will test everyone involved for their blood alcohol content (BAC) via a blood test. Even where there is no probable cause to believe you operated a motor vehicle under the influence, the police are likely to bring you to a hospital for a blood test. This is standard protocol in an accident involving death or serious bodily injury.
Additionally, police often conduct field sobriety tests on people who do not have any detectable alcohol on their breath.
What would happen if I refused a BAC test after an accident in Maine?
Refusing a validly requested BAC test – including a breathalyzer or a blood test – is a violation of Maine’s implied consent law. Not only would this result in an automatic suspension of your driver’s license; it would also be used against you by prosecutors if you are accused of OUI manslaughter.
Furthermore, refusing a BAC test after a fatal car accident will just lead the police to request a warrant. In these situations, warrants can be obtained easily and within a few hours, allowing police to get a blood draw over your objections. However, during that time, your BAC may have dropped to an undetectable level so refusing a blood test in a manslaughter case is a double-edged sword.
What are the penalties for an OUI Manslaughter charge or conviction in Maine?
The penalties for a conviction of OUI manslaughter are far higher than for a regular OUI. At a minimum, the fine is $2,100 and the license suspension is for 10 years, even if you have never had an OUI before. At most, the fines can be as high as $50,000, and there can be up to 30 years of jail time on the table for an OUI manslaughter conviction.
What if another driver caused the accident?
If the other driver caused the fatal accident, but you are found to be under the influence of drugs or alcohol, proving that the other driver was at fault becomes both incredibly important and also very difficult.
In the eyes of the law, having a BAC at or over the legal limit is a strong sign that you were at fault for the crash. Overcoming that presumption is not easy. Additionally, it is not enough to show that your inebriation did not cause the crash – you have to show that your driving was not the cause of the accident.
Are there opportunities to plead guilty to a lesser charge for manslaughter in Maine?
Rarely. Prosecutors in Maine are pressured to look tough on people who have been charged with OUI in all of its forms. When an OUI charge involves a fatal accident, that pressure is even higher. District attorneys want to look tough on drunk driving, and allowing the prosecutors in their offices to offer plea deals would undermine that goal.
What is the defense for an OUI Manslaughter charge in Maine?
Yes. Depending on your situation and the circumstances of the crash, there is often at least one way to challenge the case against you.
One of the most common defenses is that you were not under the influence of alcohol or drugs at the time of the accident. BAC tests like breathalyzers and even blood tests can be inaccurate and can return a false positive if they are not calibrated correctly. When a BAC was not conducted and the prosecutor’s case relies on field sobriety tests, this defense gets even stronger because field sobriety tests are notoriously unscientific.
Even in cases where there is strong evidence that you were under the influence of something, you can still raise strong defenses by showing that you were not at fault for the crash. This often involves highlighting specific aspects of the accident and challenging whatever indication there is that you were at fault, including the police report if necessary.
Why Should I hire a lawyer to defend an OUI manslaughter charge?
Because OUI manslaughter cases can be won. The pressure that prosecutors feel to convict people on OUI manslaughter charges and refuse to offer a plea deal is the same pressure that can lead them to overcharge situations where the facts simply aren’t there. Hiring a lawyer to keep them in line by challenging the evidence they present can successfully defend you against a serious criminal allegation.
Additionally, OUI manslaughter convictions are incredibly costly. They can strip you or your right to drive for an entire decade and can come with extensive jail sentences. Not having a lawyer to defend you and represent your rights and interests in court – even in cases that seem cut and dried – can mean the prosecutor gets to dictate exactly what happens to you. Their job is to get the most severe penalties possible. Hiring a lawyer can prevent them from getting what they want.
Contact a Maine manslaughter and OUI defense lawyer today
The OUI-defense lawyers at MCD Group strive to represent people who have been accused of OUI manslaughter in the Portland area, including in Biddeford and Saco, as well. If you have been arrested after a fatal car accident and accused of driving while drunk or drugged, you need legal help. Schedule a consultation with our OUI-defense lawyers at MCD Group by contacting them online for the legal representation you need to fight these allegations.
Top Notch Firm
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Oustanding
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Excellent Service
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
A TRULY EXCELLENT ATTORNEY
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
William is salt of the earth
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
A Great Firm!
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
David W.
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
Robert H.
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
Ryan M.
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
Andrew S.
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
Aaron O.
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
Sam T.
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
Brenda A.
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
Melissa C.
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
David M.
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
Robert N.
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
Manuel G.
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
Rachel P.
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
Abigail Z.
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
Alison R.
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
Jerry E.
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
Wade C.
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
Vicky L.
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
Michael S.
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
Amanda F.
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
John S.
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
Thomas F.
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Emma W.
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
Frank S.
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
Terry L.
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
Max C.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
Mia P.
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
Trent Q.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
Fredrick D.
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
John Y.
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Ava L.
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Ned B.
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
Melissa G.
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
Nick G.
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
Lisa F.
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
Betty C.
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
Rosalinda E.
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
Jason S.
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
Erica L.
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
Theresa S.
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
James C.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
Amy O.
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Mary S.
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Warren H.
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Bryan D.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Rick M.
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
Dawn S.
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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