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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, 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.
Understanding the Domestic Violence Arrest Process in Maine is crucial when a heated argument with your spouse or significant other escalates, prompting 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 arrest and domestic violence charges typically follow.
It’s common for the alleged victim to express regret or frustration during the arrest, often stemming from the inability to resolve the argument independently. However, it’s important to note that police intervention is not intended to settle disputes, and once involved, an arrest becomes inevitable, leaving the victim with no control over the outcome.
Common allegations in Domestic Violence charges include the following:
Domestic violence assault in Maine refers to committing a crime when one person, who is either a dating partner or a household member, engages in acts such as pushing, shoving, striking, punching, or slapping the victim. If these actions meet the legal definition of assault and involve a dating partner or household member, it constitutes a criminal offense categorized as domestic violence assault.
Domestic violence terrorizing in Maine involves the defendant communicating a threat that induces a reasonable belief in the victim that a crime will be perpetrated against them. This offense encompasses instances where threatening statements or actions cause the victim to fear for their safety and well-being. The act of terrorizing, within the context of domestic violence, constitutes a distinct criminal offense under Maine law, aimed at addressing the emotional and psychological harm inflicted upon victims.
Domestic violence stalking in Maine refers to engaging in a pattern of unwanted behavior that causes a person to feel harassed, intimidated, or fearful. It involves willfully and repeatedly following, monitoring, or contacting an individual, or engaging in other intrusive actions that intrude upon their privacy and personal autonomy. Domestic violence stalking is a distinct criminal offense under Maine law, addressing the serious issue of persistent and unwelcome pursuit that inflicts emotional distress and poses a threat to the safety and well-being of the victim.
Once you’ve been arrested for a crime of Domestic Violence, you’ll be brought to the local county jail where either a bail commissioner will set bail or if you can’t afford the bail as set, you’ll be held until you can see a judge.
In all domestic violence cases, the bail commissioner and/or the judge will set the following conditions, at a minimum:
In order to ensure that you’re in compliance with your bail conditions as set, the court or bail commissioner will also order that you be subject to random search, seizure and testing for drugs, alcohol and dangerous weapons. If you are found to be in violation of your bail conditions, you’ll be charged with a new crime of Violating Conditions of Release and likely held without bail pending resolution of the Domestic Violence charges.
Possible violations of your release that can lead to the withholding of bail regarding domestic violence charges are as follows:
In the context of domestic violence bail violations in Maine, ‘direct contact‘ encompasses any form of communication or interaction, whether it occurs in person or through various channels. Prohibited direct contact includes actions such as texting, calling, sending letters, engaging in electronic communication (including social media), as well as physically appearing at the ‘victim’s’ residence, workplace, or place of worship. Maine courts broadly interpret ‘direct contact’ to encompass all modes of communication and in-person encounters that violate the conditions set forth in the bail agreement.
In the context of domestic violence bail violations in Maine, ‘indirect contact‘ refers to communication or interaction that occurs through intermediaries or in ways that maintain a level of separation between the accused and the victim. Examples of prohibited indirect contact include using friends or family members as intermediaries to relay messages to the victim, repeatedly showing up at places where the victim frequents (such as a grocery store, which may constitute stalking). It’s important to note that any allegation of direct or indirect contact with the victim can lead to immediate arrest and a no-bail hold until the case is resolved. Bail conditions, regardless of the plea entered, remain in full force and effect until the case reaches a resolution, whether through a plea, dismissal of charges, or a verdict following trial.
In domestic violence cases, a comprehensive pre-trial investigation is often essential for a favorable outcome. Our law firm recognizes the significance of engaging a private investigator to ensure a thorough examination of the facts. In instances where the alleged victim expresses a desire to recant their statement, the presence of a skilled investigator allows for the collection of a new, credible testimony. If the victim’s stance changes later, their own sworn statement can be introduced as evidence during trial proceedings.
Moreover, there may be witnesses who observed the incident, such as neighbors or friends present during the argument. Obtaining independent statements from these individuals can be invaluable, particularly if their disposition toward the defendant has evolved from hostile to supportive. Discrepancies between their initial statements to the police and subsequent statements to the investigator can be strategically employed to create reasonable doubt or negotiate a favorable resolution with the District Attorney.
We understand that financial resources can pose a challenge, but it’s worth exploring alternatives for funding investigative costs. The Maine Commission on Indigent Legal Defense may be able to provide assistance in this regard. Our experienced team at The Maine Criminal Defense Group can assess your circumstances and help you explore options to manage the expenses associated with a private investigator, ensuring a comprehensive pre-trial investigation without undue financial burden.
The purpose of an arraignment is to apprise the defendant of the charges pending and to enter your plea of guilty or not guilty. Bail issues can also be addressed during the arraignment and are usually the first opportunity to have some of the more onerous conditions amended or even stricken.
If the domestic violence charge was a misdemeanor, you won’t need to appear in court unless you failed to retain an attorney. If you retained the services of this law office, we’ll appear on your behalf and plead you not guilty.
If bail needs to be argued, we’ll ask that you appear and attempt to ascertain whether or not the “victim” is in agreement with some of the conditions you’re seeking to have amended.
Once you’ve been arraigned, a date for the dispositional conference will be set. This is the first court appearance where your presence is mandated. However, with that said, there are some courts in the state of Maine that don’t require you to appear at this stage of the proceeding. If you have questions about whether or not your appearance is mandatory, check with your attorney.
During the dispositional conference, the merits of the case are discussed with both the DA and if necessary, the judge. Both sides are trying their best to resolve the case without resorting to trial. However, that’s not always possible and trials are sometimes unavoidable.
With that said, the dispositional conference is where the best outcome can be negotiated. If the parties cannot come to an agreement, the case will either set for jury selection or for a hearing on a Motion to Suppress Evidence. Some of the possible outcomes from a dispositional conference can include the following:
During a hearing on a motion to suppress evidence, the court will determine whether or not your constitutional rights were violated and if so, whether or not some or all of the evidence sought to be introduced by the prosecutor will be suppressed.
The prosecutor has the burden of proof and therefore, must present the state’s evidence as it pertains to the constitutional violation. They do that by introducing witnesses who present sworn testimony to the court.
The Maine criminal defense lawyer can then cross-examine (question) the witness and introduce their own witnesses to rebut the state’s evidence. Both parties can make arguments and present relevant case law for the court to consider.
If the court finds that a constitutional right has been violated by the government, the court will suppress the evidence that was obtained in violation of your rights. This can lead to mere exclusion of the damaging evidence or, if the evidence was crucial to the State’s ability to prove their case, can result in a dismissal of the charges.
Type of constitutional issues heard by Maine courts include:
Once your case progresses beyond a dispositional conference and survives any constitutional challenges, the trial phase begins. Domestic violence trials in Maine are open to the press and public, allowing the dissemination of trial proceedings and verdicts. Concerns over public exposure and potential humiliation often motivate defendants to seek alternatives to trial.
Juries consist of 12 individuals from the county where the crime occurred. Given the inherent biases and personal feelings jurors may possess, a meticulous void dire process conducted by the defense attorney is vital to exclude such individuals from the jury pool.
The outcome of your case lies in the hands of your defense attorney, so it is crucial to choose wisely. Trial skills vary among attorneys, and selecting a knowledgeable and fierce advocate is paramount.
As the State bears the burden of proof, they present the first opening statement and present their case first. The defense delivers its opening statement and presents its witnesses last. Cross-examination and persuasive presentation of evidence often determine the outcome of most cases. A seasoned trial attorney in Maine possesses the necessary expertise to employ effective trial strategies for your benefit. A unanimous jury verdict is required. If a single juror holds a “not guilty” vote, it results in a mistrial. The District Attorney can then choose to retry the case or explore a more favorable resolution with the defendant. The unique facts and circumstances of each case influence the prosecutor’s decision.
A verdict of NOT GUILTY concludes the case, leading to release from bail and the opportunity to rebuild your life. Reconciliation with your spouse or partner becomes possible, allowing you to move forward and put the ordeal behind you.
In the event of a guilty verdict, the judge may either impose immediate sentencing following arguments or postpone it for later preparations. If sentencing is deferred, bail remains in effect until the court renders judgment. If imprisonment is part of the sentence, be prepared for immediate incarceration. Judges often decline requests to stay the execution of a prison sentence to safeguard the well-being of the victim in the case.
If you’ve been convicted of a crime of Domestic Violence, life as you’ve come to know it will be irrevocably changed. Forever. Aside from the obvious criminal penalties imposed by the court, which include a term of incarceration, probation, fines and mandatory completion of Maine’s Certified Batter’s Intervention Program, the following additional, unforeseen consequences await you upon release from jail or prison:
If you’ve been charged with a crime of Domestic Violence, don’t go forward alone.
Retain an experienced and aggressive criminal defense attorney at The Maine Criminal Defense Group for a consultation or call us directly at (207) 571-8146, where you’ll learn about your rights and defenses to your pending criminal charges.
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.
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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…
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.
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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…
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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…
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…
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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…
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…
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…
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…
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…
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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…
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…
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…
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…
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.…
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…
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.
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…
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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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.
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…
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…
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…
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.
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…
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…
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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