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# The Maine Criminal Defense Group

We Fight To Have Your Charges Dismissed

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## Posts

- [Blog](https://www.notguiltyattorneys.com/blog/)
- [What Field Sobriety Tests Are Used in Maine OUI Stops?](https://www.notguiltyattorneys.com/what-field-sobriety-tests-are-used-in-maine-oui-stops/) - You are replaying the stop in your head. The lights, the questions, the officer asking you to walk a line or stand on one leg while cars passed on the shoulder. With your bad back, you can’t stand up straight on your best day, let alone follow directions as quickly as they were thrown at
- [What does Burdens of Proof and "Beyond Reasonable Doubt" Mean in Maine?](https://www.notguiltyattorneys.com/burdens-of-proof-beyond-reasonable-doubt-maine/) - You don’t know how you got here. Recently, were are sitting in a cell that you never pictured yourself in, wondering if you really might end up being sentenced to time in prison and what that will cost you. The charge on the paper the lawyer of the day showed you feels final, but you
- [Maine 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 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
- [When Maine 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, 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
- [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 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
- [Maine's Confusing Rape Shield Law](https://www.notguiltyattorneys.com/maines-confusing-rape-shield-law/) - Rape Shield Law in Maine: What Is It? 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
- [What are the Penalties for a Hit and Run in Maine?](https://www.notguiltyattorneys.com/penalties-for-a-hit-and-run-in-maine/) - 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
- [What to Do After a Maine OUI Traffic Stop](https://www.notguiltyattorneys.com/what-to-do-after-maine-oui-traffic-stop/) - 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
- [What are the penalties for an OUI conviction in Maine?](https://www.notguiltyattorneys.com/oui-laws-penalties-in-maine/) - 10-DAY DEADLINE: After a Maine OUI arrest, you have 10 days to request a hearing and contest your automatic license suspension. Contact us NOW to preserve your right to appeal. In Maine, OUI penalties are strict and can have serious consequences, even for a first OUI offense. Potential penalties include jail time, substantial fines, and
- [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 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
- [What are the Statute of Limitations for Sexual Assault in Maine?](https://www.notguiltyattorneys.com/statute-of-limitations-for-sexual-assault-in-maine/) - 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
- [Sugarloaf, Spring Skiing, & OUI Charges in Maine](https://www.notguiltyattorneys.com/sugarloaf-spring-skiing-oui-charges-in-maine/) - 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
- [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. 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
- [Search and Seizure and Illegal Traffic Stops in Maine](https://www.notguiltyattorneys.com/search-and-seizure-and-illegal-traffic-stops-in-maine/) - 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
- [Drug Trafficking Penalties in Maine](https://www.notguiltyattorneys.com/maine-drug-trafficking-penalties/) - 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
- [Classification of Criminal Charges 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. 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
- [Is Aggravated Assault a Felony or Misdemeanor in Maine?](https://www.notguiltyattorneys.com/is-aggravated-assault-a-felony-or-misdemeanor-in-maine/) - “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
- [Larceny vs Theft in Maine: What's the Difference?](https://www.notguiltyattorneys.com/larceny-vs-theft-maine-whats-the-difference/) - Grand larceny VS other theft crimes: What you need to know 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
- [Harassment via Telephone or Electronic Device Laws in Maine](https://www.notguiltyattorneys.com/maine-law-on-harassment-via-telephone-or-electronic-device/) - Please Note: The Maine Criminal Defense Group only assists clients who have been charged or accused of a crime and do not assist individuals who are victims of stalking or 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
- [A Breakdown of White-Collar Crimes in Maine](https://www.notguiltyattorneys.com/a-breakdown-of-the-various-white-collar-crimes-in-maine/) - 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
- [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 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
- [Prohibited Consensual Sexual Activity Laws in Maine](https://www.notguiltyattorneys.com/prohibited-consensual-sexual-activity-laws-in-maine/) - 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 Maine. While many outdated laws such as those outlawing sodomy have been repealed, people should be aware of several other activities in Maine
- [What are the penalties for underage OUI and drugged driving charges in Maine?](https://www.notguiltyattorneys.com/penalties-underage-drunk-driving-drugged-driving-maine/) - 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
- [OUI Conviction and the Affects on Your Insurance Premiums in Maine](https://www.notguiltyattorneys.com/oui-conviction-affects-your-insurance-premiums-maine/) - 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
- [What if you Refuse a Breath Test After an OUI Stop in Maine?](https://www.notguiltyattorneys.com/refusing-oui-breathalyzer-chemical-test-maine/) - Breathalyzer and Chemical Tests After an OUI Stop in Maine 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.
- [Sexual Assault Laws in Maine: What to Know](https://www.notguiltyattorneys.com/maine-sexual-assault-laws/) - In Maine, sexual assault crimes carry severe penalties, including lengthy prison sentences, mandatory sex offender registration, and permanent criminal records. If you’re facing allegations, understanding your legal options is critical. At The Maine Criminal Defense Group, we have extensive experience successfully defending against an array of sexual assault charges in Maine. If you're being investigated
- [Traffic Violations & Speeding Ticket Laws Explained in Maine](https://www.notguiltyattorneys.com/traffic-violations-speeding-ticket-laws-explained-maine/) - 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
- [Maine Domestic Violence Penalties & Laws](https://www.notguiltyattorneys.com/domestic-violence-laws-penalties-maine/) - Domestic Violence Penalties in Maine: A Comprehensive Guide Domestic violence in Maine includes a wide range of abusive or threatening behavior directed at a family or household member, dating partner, or sexual partner. These offenses are treated with particular seriousness under Maine law and carry severe criminal penalties. To reflect the gravity of these crimes,
- [How to Challenge Your Criminal Record In Maine](https://www.notguiltyattorneys.com/maine-criminal-record-challenge-process/) - There are plenty of facets to the criminal law system here in the State of Maine. Normally, we focus on Maine’s legal definitions of specific crimes, such as gross sexual assault or domestic violence stalking, because our goal is to educate our readers about the essentials of Maine’s system. In addition to things such as
- [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/) - 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
- [Underage OUI Charges in Maine](https://www.notguiltyattorneys.com/underage-oui-charges-in-maine-what-you-need-to-know/) - 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
- [An Overview of Juvenile Offenses in Maine](https://www.notguiltyattorneys.com/an-overview-of-juvenile-oui-and-other-juvenile-offenses-in-maine/) - 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
- [Top 9 Title IX’s Sexual Harassment Provisions in Maine](https://www.notguiltyattorneys.com/top-9-title-ixs-sexual-harassment-provisions-in-maine/) - 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
- [Reasonable Articulable Suspicion vs Probable Cause in Maine](https://www.notguiltyattorneys.com/reasonable-articulable-suspicion-probable-cause-maine/) - Probable Cause VS Articulable Suspicion During an OUI Stop 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
- [What Happens to Your CDL if You Get an OUI in Maine?](https://www.notguiltyattorneys.com/what-happens-to-your-cdl-in-maine-if-you-get-an-oui/) - 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
- [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/) - 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 Overview of Title IX Investigations & Related Issues](https://www.notguiltyattorneys.com/overview-title-ix-investigations-related-issues/) - 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
- [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 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
- [What is Considered an OUI Felony in Maine?](https://www.notguiltyattorneys.com/what-is-considered-a-felony-oui-in-maine/) - 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
- [Out-of-State Protection from Abuse Orders in Maine](https://www.notguiltyattorneys.com/out-of-state-protection-from-abuse-orders-in-maine/) - 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
- [Maine Computer Crimes and the Laws](https://www.notguiltyattorneys.com/maine-computer-crimes-and-the-laws/) - 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
- [Can You Get Your Criminal Record Expunged in Maine?](https://www.notguiltyattorneys.com/can-you-get-your-criminal-record-expunged-in-maine/) - 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
- [Maine Habitual Offender License Revocation Laws](https://www.notguiltyattorneys.com/understanding-habitual-offender-license-revocation-law-maine/) - Habitual Offender License Revocation Laws in Maine 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
- [Bail Violations and your Rights to Bail in Maine](https://www.notguiltyattorneys.com/bail-violations-and-your-rights-to-bail-maine/) - 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
- [OUI Sobriety Checkpoint Laws and Expectations in Maine](https://www.notguiltyattorneys.com/sobriety-checkpoint-laws-and-expectations-in-maine/) - If you’re stopped at an OUI sobriety 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
- [Why hire a Criminal Defense Lawyer in Maine](https://www.notguiltyattorneys.com/why-hire-maine-criminal-defense-lawyer/) - 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 defense 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.
- [Is Pushing Considered Domestic Violence in Maine?](https://www.notguiltyattorneys.com/is-pushing-considered-domestic-violence-in-maine/) - 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
- [Defending Against Sexual Exploitation of a Minor Allegations in Maine](https://www.notguiltyattorneys.com/defense-against-sexual-exploitation-of-minor-allegations-maine/) - Were You Accused of Sexual Exploitation of a Minor in Maine? 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
- [Drug Crime Classifications in Maine](https://www.notguiltyattorneys.com/drug-classifications-in-maine/) - Maine Drug Scheduling: What You Need to Know 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
- [Rise in Maine OUI Sobriety Checkpoints](https://www.notguiltyattorneys.com/rise-in-maine-oui-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
- [How Long does an OUI Stay on Your Record in Maine?](https://www.notguiltyattorneys.com/how-long-does-an-oui-stay-on-your-record/) - An OUI DUI 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
- [What To Do If Falsely Accused of Domestic Violence in Maine](https://www.notguiltyattorneys.com/falsely-accused-domestic-violence-maine/) - 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
- [Maine Man Arrested & Pleads Guilty on Child Exploitation Charges](https://www.notguiltyattorneys.com/maine-man-arrested-pleads-guilty-on-child-exploitation-charges/) - 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:
- [OUI Court Process in Maine](https://www.notguiltyattorneys.com/court-process-oui-maine/) - Maine OUI court process: A Comprehensive Guide The OUI, DUI, DWI 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
- [How to Get Out of an OUI in Maine](https://www.notguiltyattorneys.com/how-to-get-out-of-an-oui-in-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
- [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/) - 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.
- [Theft of Services in Maine](https://www.notguiltyattorneys.com/theft-services-maine/) - 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
- [Can I 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/) - A guide to restoring your driving privileges after an OUI in 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
- [What is Illegal Search & Seizure for Drug Cases in Maine?](https://www.notguiltyattorneys.com/what-is-illegal-search-seizure-for-drug-cases-in-maine/) - Search & 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
- [Can You Enter Canada with an OUI on Your Record?](https://www.notguiltyattorneys.com/can-you-go-to-canada-with-oui/) - 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,
- [Protective Orders Vs Restraining Orders in Maine](https://www.notguiltyattorneys.com/protective-orders-vs-restraining-orders-in-maine/) - Please Note: The Maine Criminal Defense Group will only assist clients who have been charged or accused of a crime and do not assist individuals with obtaining protective orders or restraining orders. Protection from Abuse Orders (PFAs), such as restraining orders and no-contact orders, are frequently issued by the courts in domestic violence cases in
- [What To Do If You've Been Charged with a Crime in Maine](https://www.notguiltyattorneys.com/what-if-you-have-been-charged-with-a-crime-in-maine/) - 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
- [Self-Defense and Standing Your Ground in Maine](https://www.notguiltyattorneys.com/self-defense-and-standing-your-ground-in-maine/) - 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
- [What If I Blow Under 0.08% on a DUI Breath Test in Maine?](https://www.notguiltyattorneys.com/what-if-i-blow-under-08-on-a-dui-breath-test-in-maine/) - If you blow under 0.08% 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
- [How Convicted Felons Still Get Guns in Maine](https://www.notguiltyattorneys.com/how-convicted-felons-still-get-guns-in-maine/) - 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.
- [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/) - 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
- [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 an individual is the victim of a violation of their privacy.
- [Who Is a "Household Member" for Domestic Violence Laws in Maine?](https://www.notguiltyattorneys.com/who-is-a-household-member-for-domestic-violence-laws/) - 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
- [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 Defense Group effective immediately.
- [1st OUI Offense Penalties in Maine](https://www.notguiltyattorneys.com/1st-oui-penalties-maine/) - A first OUI offense in Maine can potentially have long-term consequences, but with the right legal representation, alleged offenders can escape the harshest penalties. A first OUI 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
- [Open Container Penalties in Maine](https://www.notguiltyattorneys.com/open-container-laws-penalties-in-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
- [Prostitution and Solicitation Laws in Maine](https://www.notguiltyattorneys.com/prostitution-and-solicitation-laws-in-maine/) - 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
- [Differences Between State and Federal Drug Crimes in Maine](https://www.notguiltyattorneys.com/differences-between-state-and-federal-drug-crimes-in-maine/) - 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.
- [Getting your OUI reduced to a lesser charge in Maine](https://www.notguiltyattorneys.com/reduce-oui-to-lesser-charge-maine/) - 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
- [Proposed Changes to Domestic Violence & Stalking Laws in Maine](https://www.notguiltyattorneys.com/proposed-changes-to-domestic-violence-stalking-laws-in-maine/) - 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
- [Misdemeanor Crimes & Sentencing in Maine](https://www.notguiltyattorneys.com/maine-misdemeanor-crimes/) - 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
- [Assault on an Officer in Maine](https://www.notguiltyattorneys.com/assault-on-an-officer-in-maine/) - 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
- [Disorderly Conduct Charges in Maine](https://www.notguiltyattorneys.com/disorderly-conduct-charges-in-maine/) - 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
- [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/) - 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
- [Sexual Battery Laws in Maine](https://www.notguiltyattorneys.com/sexual-battery-laws-in-maine/) - 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
- [How to Beat an OUI Refusal in Maine](https://www.notguiltyattorneys.com/how-to-successfully-beat-an-oui-refusal-in-maine/) - A skilled defense against OUI Refusals Charges in 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
- [2nd OUI Offense Penalties in Maine](https://www.notguiltyattorneys.com/2nd-oui-penalties-maine/) - Anyone charged with a 2nd OUI in Maine should expect little leniency from the Maine criminal justice system with penalties ranging from potential fines to possible jail time. This makes it even more important to challenge the charges and avoid a conviction. Educating yourself about what constitutes a 2nd OUI in Maine and the potential
- [Maine's DEEP Program](https://www.notguiltyattorneys.com/maine-deep-programs-questions-answers/) - 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
- [Maine Harassment Laws: What You Need to Know](https://www.notguiltyattorneys.com/maine-harassment-laws/) - Page last updated on March 24, 2026 Please Note: The Maine Criminal Defense Group only assists clients who have been charged or accused of a crime and do not assist individuals who are victims harassment. Since Maine became the first state to pass workplace harassment laws in 1991, all employers with more than 15 employees
- [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 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
- [What Is Failure to Appear in Maine?](https://www.notguiltyattorneys.com/failure-to-appear-maine/) - 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
- [Can I Get Domestic Violence Charges Dropped in Maine?](https://www.notguiltyattorneys.com/how-to-get-domestic-violence-charges-dropped-maine/) - 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.
- [What Does "Suspended Sentence" Mean in Maine?](https://www.notguiltyattorneys.com/what-does-suspended-sentence-mean-in-maine/) - 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
- [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/) - 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
- [Solicitation of a Minor Laws and Consequences in Maine](https://www.notguiltyattorneys.com/maine-solicitation-of-a-minor-laws/) - What happens when you are charged with solicitation of a minor in Maine? 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 and carries severe penalties if
- [What to Expect After a Child Pornography Charge in Maine](https://www.notguiltyattorneys.com/what-to-expect-after-a-child-pornography-charge/) - 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
- [Common Drug Charge Sentencing in Maine](https://www.notguiltyattorneys.com/maine-drug-charge-sentencing/) - 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
- [How Can I Defend Myself Against a Sexual Assault Charge in Maine?](https://www.notguiltyattorneys.com/how-to-defend-against-maine-sexual-assault-charge/) - 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
- [Sexual Exploitation of a Minor Penalties in Maine](https://www.notguiltyattorneys.com/sexual-exploitation-of-minor-penalties-maine/) - 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
- [Best Defense Strategy for Combating Domestic Violence Charges in Maine](https://www.notguiltyattorneys.com/best-defense-strategy-for-combating-maine-domestic-violence-charge/) - 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
- [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/) - 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
- [Unauthorized Dissemination of Private Images in Maine](https://www.notguiltyattorneys.com/unauthorized-dissemination-of-private-images-in-maine/) - Revenge Porn & Unauthorized Sharing of Private Images in Maine: What You Need to Know The unauthorized dissemination of private images, also referred to as revenge porn, 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
- [OUI Driving Patterns Officers Look for as Signs of Intoxication](https://www.notguiltyattorneys.com/oui-driving-patterns-signs-of-intoxication/) - 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
- [Sealing of a Criminal Conviction in Maine](https://www.notguiltyattorneys.com/sealing-maine-criminal-conviction/) - 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
- [False Public Alarm or Report Offense in Maine](https://www.notguiltyattorneys.com/maine-false-public-alarm-reporting-offense/) - Many people are unaware that it is a criminal offense in Maine to make a false report of an emergency that causes public alarm. Even those who are aware of the offense are sometimes surprised by the severity of the consequences of a conviction. If found guilty of the offense of “false public alarm or
- [How Deferred Disposition Works in Maine](https://www.notguiltyattorneys.com/maine-deferred-disposition/) - Defendants in criminal cases typically have four options for resolving their case if the charges are not dismissed: Plea negotiation, where the defendant agrees to plead guilty (or no contest) to one or more charges in exchange for a concession from the prosecution. Plead guilty/no contest with an agreed-upon disposition (outcome). Plead guilty/no contest without
- [What to Do If You Are On Trial for a Crime in Maine](https://www.notguiltyattorneys.com/what-to-do-if-you-are-on-trial-for-a-crime-in-maine/) - If you are charged with a crime in Maine, going to trial is just one of the possible outcomes. In fact, around 90 percent of criminal cases in Maine are resolved with a plea deal, meaning that no trial is necessary. This saves precious court time and expenses, as well as a great deal of
- [What are the Financial Repercussions of an OUI in Maine?](https://www.notguiltyattorneys.com/maine-oui-financial-repercussions/) - A conviction for an OUI/DUI in Maine is accompanied by serious consequences, including heavy financial repercussions. Understanding the court-imposed fines is one thing, but the financial consequences can extend well beyond these costs. In fact, the penalties associated with an OUI can amount to over $10,000. While these costs can be minimized with the help
- [Furnishing or Allowing Consumption of Liquor Laws in Maine](https://www.notguiltyattorneys.com/maine-furnishing-allowing-consumption-of-liquor-laws/) - The Maine Liquor Liability Act (MLLA) provides for the recovery of damages against anyone who negligently or recklessly “serves” alcohol to a minor. However, that might be just the start of your problems if you allow your children to host a BYOB party in your home where underage drinking occurs. Even if no adult actually
- [Firearm Prohibition Laws in Maine](https://www.notguiltyattorneys.com/maine-firearm-prohibition-laws/) - Both federal and state laws come into play with firearm prohibitions in Maine. Under federal law, individuals convicted of a felony or some domestic violence misdemeanors are generally prohibited from purchasing or possessing firearms. The federal laws are general enough to allow many people who pose a significant risk to the public to still legally
- [The Bail Bond Process in Maine](https://www.notguiltyattorneys.com/maine-bail-bond-process/) - After an arrest and criminal charge in Maine, a defendant’s first court appearance may be to apply for bail at the arraignment and bail hearing. The process of securing a bail bond is governed by the Maine Bail Code, but it can be confusing for some defendants. Let’s take a look at what the bail
- [What Happens at Your First OUI Court Appearance in Maine?](https://www.notguiltyattorneys.com/what-happens-at-first-oui-court-appearance-maine/) - An OUI case may be the only time that many people in Maine face the criminal justice process. It can be daunting, stressful, and deeply concerning for anyone who doesn’t know what to expect—and who tries to go it alone. Should you plead guilty? What will happen if you simply accept the charge and save
- [What to Do When Facing False Accusations of a Sex Crime in Maine](https://www.notguiltyattorneys.com/false-sex-crime-accusations-maine/) - False Sex Crime Accusations in Maine: What Should You Do? An individual falsely accused of a sex crime in Maine may suffer many of the same indignities, personal problems, and legal issues as convicted sex offenders. Mere accusations can be enough to taint reputations, break relationships, and cause employment issues for innocent defendants in sex
- [William Bly Comments on Eliot Cutler’s Probation Violation Regarding Sexually Explicit Material of a Minor](https://www.notguiltyattorneys.com/william-bly-comments-on-eliot-cutler-probation-violation/) - William Bly Comments on Eliot Cutler’s Probation Violation: Possibly Facing More Jail Time Former Maine gubernatorial candidate Eliot Cutler faces potential jail time after his probation officer filed a motion to revoke his probation. In 2023, Cutler was convicted on four counts of possession of sexually explicit material of a minor under 12 years old.
- [When Should I Hire a Criminal Defense Attorney?](https://www.notguiltyattorneys.com/when-to-hire-maine-criminal-defense-attorney/) - The moment you suspect you're under investigation or face criminal charges in Maine, your next decision could determine your future. Every conversation with law enforcement, every document you sign, and every day you wait to hire someone to represent you matters. Understanding when to hire a criminal defense attorney isn't just about knowing your rights—it's
- [Ellsworth Woman Charged with OUI After License Revocation](https://www.notguiltyattorneys.com/ellsworth-woman-oui-charge-after-license-revocation/) - On Sunday, October 12, 2025, at approximately 8:49 a.m., Maine State Police responded to an accident at the intersection of Poplar Lane and Washington Junction Road in the town of Hancock. The collision involved two vehicles and resulted in injuries to multiple people, temporarily shutting down a section of Washington Junction Road. According to a
- [Are OUI Breath Tests Accurate in Maine OUI Cases?](https://www.notguiltyattorneys.com/breath-test-accuracy-maine-oui-cases/) - OUI/DUI cases are often based on the results from approved screening devices, commonly referred to as “breathalyzers". The question of whether these OUI breath tests are accurate has commonly affected Operating Under the Influence (OUI) cases for prosecutors, judges, attorneys, and defendants in Maine. Understanding how breath tests accuracy can impact legal outcomes is essential. In
- [Drug Possession Penalties in Maine](https://www.notguiltyattorneys.com/maine-drug-possession-penalties/) - 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
- [Is Being Intoxicated a Defense Against a Sex Crime Allegation in Maine?](https://www.notguiltyattorneys.com/intoxication-defense-against-sex-crime-allegation-maine/) - Sex crime allegations are treated very seriously by law enforcement and the Maine judicial system in general. While several potentially strong defenses may be available against a sex crime charge, intoxication is rarely one of them. For voluntary intoxication, where you consumed drugs or alcohol of your own volition, the standards are set very high
- [False Memories & Their Impact on Criminal Defense](https://www.notguiltyattorneys.com/false-memories-their-impact-on-criminal-defense/) - You sit across from your attorney and hear the accuser’s account for the first time: a detail that never happened, a timeline that shifts from the police report to the grand jury transcript, a face they now describe with total confidence. You know it did not happen the way they say it did, and you
- [How to Decide Whether to Plead Guilty or Go to Trial in Maine](https://www.notguiltyattorneys.com/how-to-decide-plead-guilty-or-go-to-trial-maine/) - You were just in your attorney’s office talking about the plea offer the prosecutor sent over. Your attorney explained what it is and the sentence range you would face if a jury convicts you. Nothing about this is easy, because either decision can affect your life. You know you would say “not guilty” if you
- [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 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
- [Maine Sex Offender Registry Key Details & Other Related Issues](https://www.notguiltyattorneys.com/maine-sex-offender-registry-key-details/) - 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
- [The Dangers of Teen Sexting in Maine](https://www.notguiltyattorneys.com/the-dangers-of-teen-sexting/) - The world we grew up in (Maine) is very 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 X (Twitter), Instagram, Facebook, Tumbler and a whole host of other social media outlets for which to
- [Difference Between Gross Sexual Assault & Unlawful Sexual Touching in Maine](https://www.notguiltyattorneys.com/gross-sexual-assault-vs-unlawful-sexual-touching-maine/) - 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
- [What Makes a Crime a Hate Crime in Maine?](https://www.notguiltyattorneys.com/what-makes-a-crime-a-hate-crime-maine/) - In recent years we have 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,
- [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 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
- [What Maine's Gross Sexual Assault Law Means for the Graham Platner Allegations](https://www.notguiltyattorneys.com/what-maine-gross-sexual-assault-law-means-for-graham-platner-allegations/) - A recent USA TODAY article examined whether Graham Platner, until recently a Democratic candidate for U.S. Senate in Maine, could face criminal charges over a 2021 sexual assault allegation. The outlet turned to William Bly, founder of The Maine Criminal Defense Group, for perspective on how Maine law would treat an allegation like this. His
- [Consequences of Violating a Protective Order in Maine](https://www.notguiltyattorneys.com/consequences-violating-protective-order-maine/) - 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. These orders protect individuals who may be at risk of harm or further threats. Many people are surprised to learn that while PFAs and PFHs are civil
- [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, 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
- [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 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
- [Criminal Speeding Charges in Maine](https://www.notguiltyattorneys.com/defending-against-criminal-speeding-charges-maine/) - 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
- [Can An OUI Affect My Career in Maine?](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 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
- [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 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
- [How to choose the best Maine OUI/DUI Defense lawyer](https://www.notguiltyattorneys.com/how-to-choose-best-maine-oui-dui-lawyer/) - 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,
- [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, DUI, DWI Attorneys With over 30 years of legal experience and more than 20 years devoted specifically to defending clients against OUI/DUI/DWI charges, Attorney William T. Bly has established himself as one of the leading Maine criminal defense attorneys. As the founder of The
- [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 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
- [When Maine Courts Have to Apply a Culpable State of Mind to a Crime](https://www.notguiltyattorneys.com/maine-courts-apply-culpable-state-of-mind/) - 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
- [Maine Expands the Idea of an Underage Passenger for OUI Child Endangerment](https://www.notguiltyattorneys.com/maine-expands-underage-passenger-oui-child-endangerment/) - 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
- [How To Get Your Drivers License Reinstated After an OUI in Maine](https://www.notguiltyattorneys.com/reinstating-drivers-license-after-oui-maine/) - Getting your driver’s license back after an OUI in Maine can be confusing, especially when both the Maine Bureau of Motor Vehicles (BMV) and the court may impose separate license suspensions. Depending on your case, you may face a suspension of at least 150 days or longer if you refused a chemical test. Understanding how
- [Addiction Should Not Be Treated as Voluntary Intoxication in Maine](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 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
- [Culpable States of Mind for a Crime - 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 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
- [Culpable State of Mind for a Crime - Recklessness](https://www.notguiltyattorneys.com/culpable-states-of-mind-recklessness/) - 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
- [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 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
- [Maine OUI Charges 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 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
- [Fleeing from Police is 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 – 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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, 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).
- [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 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
- [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 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,
- [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 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
- [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 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
- [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 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
- [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 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
- [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” 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.
- [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 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.
- [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 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.
- [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 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
- [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 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
- [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 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.
- [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 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
- [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 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,
- [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 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.
- [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 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.
- [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 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
- [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 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,
- [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 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,
- [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 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
- [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 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
- [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.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
- [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 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
- [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, 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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.
- [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 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
- [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 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
- [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), 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
- [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 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
- [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), 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
- [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/) - 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. Maine
- [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 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,
- [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 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
- [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 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
- [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 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
- [How Problems with Custody Can Impact Your Miranda Warning in Maine](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 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
- [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 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
- [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 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
- [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. 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
- [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 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
- [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 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
- [Maine Stabbing Illustrates Fetal Homicide Laws and Domestic Violence Limits](https://www.notguiltyattorneys.com/maine-fetal-homicide-laws-and-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
- [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 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
- [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 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,
- [When Police Don't Know the Law](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 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.
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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.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
- [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 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.
- [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 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
- [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.” 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
- [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 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,
- [Difference Between Accomplice and Accessory to a Crime in Maine](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 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
- [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 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
- [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 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
- [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 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
- [Halloween Crimes: Mischief and Trespass in Maine](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 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 jail time. Before you decide on how
- [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 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
- [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 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
- [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 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
- [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 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.
- [Motion to Suppress Evidence Hearings in Maine](https://www.notguiltyattorneys.com/typical-motion-suppress-evidence-hearing/) - 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [How to Challenge OUI Evidence in Maine](https://www.notguiltyattorneys.com/challenging-oui-dui-evidence-maine/) - 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. That assumption is often wrong. OUI cases in Maine frequently rest on evidence that is far less reliable than prosecutors make it appear, and an
- [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 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
- [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 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
- [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 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
- [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 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
- [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. 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
- [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 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
- [Drug Store Theft in Portland Maine 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 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,
- [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 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
- [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 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
- [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 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 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 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
- [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 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
- [Connection between domestic violence, juvenile offenses, and child abuse in Maine](https://www.notguiltyattorneys.com/connection-between-domestic-violence-juvenile-offenses-child-abuse-maine/) - 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
- [Shoplifting Investigation Leads to Criminal Charges for 19-Year-Old in Maine](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, Maine. 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
- [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 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
- [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 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
- [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 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.
- [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 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
- [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 (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
- [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 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
- [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 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
- [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 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.
- [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 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
- [Maine 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 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
- [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 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
- [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 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
- [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. 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
- [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. 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
- [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 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
- [The Power of a Burden of Proof in Maine](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 – “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
- [Your Right to Remain Silent, and Miranda Warnings in Maine](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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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.
- [Predictive Policing and Its Similarity to Movies](https://www.notguiltyattorneys.com/predictive-policing-similar-to-movies/) - 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
- [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 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
- [How a Domestic Violence Conviction Can Affect Your Life](https://www.notguiltyattorneys.com/how-a-domestic-violence-conviction-can-affect-your-life/) - 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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,
- [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 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
- [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 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
- [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 in Maine? 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
- [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 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
- [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 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?
- [The Exclusionary Rule and Its Limitations in Maine](https://www.notguiltyattorneys.com/the-exclusionary-rule-and-its-limitations/) - 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
- [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 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
- [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 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
- [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.” 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
- [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, 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
- [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/) - 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 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 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
- [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 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
- [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 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
- [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 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
- [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 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”
- [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 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
- [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 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
- [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 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
- [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, 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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,
- [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 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
- [What is Driving to Endanger in Maine?](https://www.notguiltyattorneys.com/what-is-driving-to-endanger-in-maine/) - Driving to endanger in Maine 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
- [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 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
- [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 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
- [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 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
- [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 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
- [Your Day in Court – Initial Appearance and Arraignment](https://www.notguiltyattorneys.com/initial-court-appearance-arraignment-maine/) - 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
- [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/) - 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.
- [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 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
- [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 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
- [Is the Unauthorized Use of Property a Theft Crime in Maine?](https://www.notguiltyattorneys.com/maine-unauthorized-use-of-property-theft-crime/) - Updated: September 22, 2025 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
- [How Witnesses Work in Maine 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 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
- [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. 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
- [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 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
- [Domestic Violence or Assault on Neighbors in Maine](https://www.notguiltyattorneys.com/domestic-violence-or-assault-on-neighbors-in-maine/) - Page last updated on October 5, 2025 Charged with Assaulting a Neighbor in Maine? What You Need to Know 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
- [Ponzi Schemes, and Why They're Illegal in Maine](https://www.notguiltyattorneys.com/ponzi-schemes-and-why-theyre-illegal/) - 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
- [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 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
- [OUI and Per Se Laws in Maine](https://www.notguiltyattorneys.com/maine-oui-per-se-laws/) - 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
- [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 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,
- [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 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
- [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. 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
- [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.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
- [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 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
- [Do Police Need a Warrant to Search a Covered Vehicle in your Driveway?](https://www.notguiltyattorneys.com/do-police-need-warrant-to-search-covered-vehicle-your-driveway-maine/) - 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
- [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 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
- [The Long-Term Impact of a Criminal Conviction in Maine](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 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
- [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 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
- [Domestic Violence Assault Penalties & Possible Defenses in Maine](https://www.notguiltyattorneys.com/domestic-violence-assault-penalties-defenses-maine/) - Page last updated on October 3, 2025 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [Do Victims Ever Lie in Maine Domestic Violence Cases?](https://www.notguiltyattorneys.com/do-victims-ever-lie-in-maine-domestic-violence-cases/) - You are probably asking yourself if "victims" lie to the police in domestic violence assault charges? The answer is yes, victims do lie about domestic violence assault charges. Do "victims" lie to the district attorney's office when being interviewed about domestic violence charges? Yes, they do lie. Do "victims" lie to the jury and judge
- [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 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
- [Maine OUI Ignition Interlock Device (IID) Costs & Penalties](https://www.notguiltyattorneys.com/ignition-interlock-device-costs-penalties-in-maine/) - Article Updated: March 23, 2026 What is an Ignition Interlock Device in Maine? 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 exposures in Sanford, Portland, Gorham, and Scarborough.
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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.
- [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 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
- [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 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
- [Maine Conditional License 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 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
- [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 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.
- [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 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
- [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 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
- [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 (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
- [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 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
- [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 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
- [Police Have to Wait Fifteen Minutes Before Administering a Breath Test in Maine](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 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
- [Challenge the Evidence: Blood Tests in Maine](https://www.notguiltyattorneys.com/challenge-evidence-blood-tests/) - 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
- [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 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
- [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/) - 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,
- [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 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
- [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 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
- [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 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 –
- [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 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
- [Plea Negotiations in Maine: Are Your Statements Protected?](https://www.notguiltyattorneys.com/plea-negotiations-maine-are-your-statements-protected/) - What You Say During a Plea Discussion in Maine Can’t Be Used Against You: Here’s Why 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
- [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 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
- [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 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.
- [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 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
- [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 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
- [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 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
- [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, 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,”
- [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 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
- [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 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
- [Maine Criminal Statutes of Limitations](https://www.notguiltyattorneys.com/maine-statute-of-limitations-criminal-charges/) - 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
- [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. 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
- [Attorney Mikayla Martin Honored with Prestigious Rising Star Award by Super Lawyers](https://www.notguiltyattorneys.com/attorney-mikayla-martin-honored-by-super-lawyers/) - 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
- [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 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
- [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 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.
- [Biking Under the Influence in Maine](https://www.notguiltyattorneys.com/biking-under-the-influence-maine/) - 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [Self-Incrimination and Maine OUI Charges](https://www.notguiltyattorneys.com/self-incrimination-maine-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 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
- [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 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
- [Red flag laws and those accused of domestic violence in Maine](https://www.notguiltyattorneys.com/red-flag-laws-and-domestic-violence-accusations-in-maine/) - 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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 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
- [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/) - 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
- [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 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
- [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 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

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- [Home](https://www.notguiltyattorneys.com/) - When you need your life back on track Maine OUI/DUI & Criminal Defense Attorneys The Maine Criminal Defense Group Our nationally recognized Maine legal defense team provides highly experienced criminal defense representation in order to secure your freedom and protect your future.
- [Kennebunk, ME OUI/DUI Lawyers](https://www.notguiltyattorneys.com/kennebunk-maine-oui-attorney/) - Kennebunk, ME OUI/DUI Lawyers Key Takeaways:Kennebunk OUI charges can lead to jail, fines, and license suspension.You can be charged even under 0.08% BAC.Refusing a test causes automatic license suspension.Penalties increase for repeat offenses.Defenses challenge tests, evidence, and police actions. Page Last Modified: September 8, 2026 If you are facing an OUI charge in Kennebunk, Maine,
- [Brunswick Maine Criminal Defense Attorneys](https://www.notguiltyattorneys.com/brunswick-maine-criminal-attorneys/) - Brunswick Maine Criminal Defense 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
- [Portland, ME OUI/DUI Lawyers](https://www.notguiltyattorneys.com/portland-maine-oui-attorney/) - Portland, ME OUI/DUI Lawyers Reviewed By: William Bly Page Last Modified: September 1, 2026 Skilled Portland Maine OUI Attorneys Defending Your Rights & License If you have been charged with Operating Under the Influence (OUI) under 29-A M.R.S.A. § 2411 in Portland, Maine, the decisions you make in the hours and days following your arrest
- [Brunswick, ME OUI/DUI Lawyers](https://www.notguiltyattorneys.com/brunswick-maine-oui-attorney/) - Brunswick, ME OUI/DUI Lawyers 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.Key TakeawaysBrunswick OUI charges can result in fines, jail, and license suspension.Even first offenses have serious consequences.Refusing tests leads to automatic penalties.Repeat and underage offenses
- [Kennebunk Maine Criminal Defense Attorneys](https://www.notguiltyattorneys.com/kennebunk-maine-criminal-attorneys/) - Kennebunk Maine Criminal Defense Attorneys If you’ve been arrested or accused of a crime in Kennebunk, Maine, you need a skilled criminal defense attorney who knows how to navigate the local courts and protect your future. Led by attorney William Bly, The Maine Criminal Defense Group brings over 80 years of combined experience defending clients
- [Maine OUI/DUI Attorneys](https://www.notguiltyattorneys.com/maine-oui-dui-attorney/) - In Maine, Operating Under the Influence (OUI) is a serious criminal charge that can lead to license suspension, fines, and jail time. If you’ve been charged with an OUI/DUI/DWI, securing an experienced OUI defense attorney is essential to protect your rights and fight the charges.
- [Portland Maine Criminal Defense Attorneys](https://www.notguiltyattorneys.com/portland-maine-criminal-attorneys/) - Portland Maine Criminal Defense Attorneys Criminal charges in Portland carry serious consequences. The Maine Criminal Defense Group’s defense attorneys know Maine’s courts, know the law, and know how to build a defense that gives you the best possible outcome. Reviewed By: William Bly Page Last Modified: August 28, 2026 Our Portland, Maine criminal defense attorneys
- [Frequently Asked Questions](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 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 Maine’s OUI laws
- [Age of Consent Laws in Maine](https://www.notguiltyattorneys.com/age-of-consent-for-sex-maine/) - The Maine Criminal Defense Group is a leading criminal defense firm dedicated to providing skilled legal representation in sex crime cases across the state. A common legal issue we handle involves cases with regard to the age of consent in Maine and how it applies to real-life relationships. In Maine, it is illegal for a person
- [Registering as a Sex Offender in Maine](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.
- [Maine Domestic Violence Defense Attorneys](https://www.notguiltyattorneys.com/maine-domestic-violence-attorney/) - Updated: September 22, 2025 Being accused of domestic violence can be overwhelming and isolating. These charges often stem from emotionally charged situations and carry serious legal and personal consequences. If you’re facing allegations, it’s critical to remember that you still have rights and an experienced legal defense can make a meaningful difference in protecting your future.
- [Implied Consent to Chemical Test Laws in Maine](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.
- [Maine Sex Crimes Attorneys](https://www.notguiltyattorneys.com/maine-sex-crime-attorney/) - Updated: September 24, 2025 Sex offense 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.
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- [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 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 criminal defense attorney
- [What are the Penalties for Federal PPP Loan Fraud?](https://www.notguiltyattorneys.com/faq/federal-ppp-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
- [What are OUI aggravating factors in Maine?](https://www.notguiltyattorneys.com/oui-aggravating-factors-maine/) - If you are stopped by police in Maine with a BAC over .08%, or displaying evidence of being under the influence, you can be arrested for OUI. On its own, an OUI conviction can have a lot of negative consequences. Even a first-time OUI can result in probation, community service, fines, and more.
- [Maine Criminal Defense Attorneys](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 attorneys are determined to help you through the frightening process of the criminal justice system.
- [Maine Title IX Sexual Harassment Frequently Asked Questions](https://www.notguiltyattorneys.com/faq/maine-title-ix-sexual-harassment-frequently-asked-questions/) - 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 -
- [Who must report rape or abuse in Maine?](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
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- [How is aggravated drug trafficking defined in Maine?](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
- [What are considered civil violations in Maine?](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
- [Top Ten OUI Mistakes in Maine](https://www.notguiltyattorneys.com/top-ten-dui-mistakes-maine/) - Thinking that an OUI 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
- [What is domestic violence terrorizing in Maine?](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
- [What are the penalties for theft by deception in Maine?](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
- [What are the bail conditions for domestic violence in Maine?](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
- [What are the penalties for growing marijuana illegally in Maine?](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
- [The Maine Domestic Violence Court Process](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.
- [Maine OUI Habitual Offender Defense Attorneys](https://www.notguiltyattorneys.com/maine-oui-dui-habitual-offenders/) - Updated: September 24, 2025 Facing a third OUI, DUI, DWI in Maine can result in a habitual offender classification, which carries severe penalties including mandatory jail time and long-term license loss. These are high-stakes charges that demand an experienced defense.
- [Sale and Use of Drug Paraphernalia in Maine](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.
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- [Maine Protection From Abuse Orders](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.
- [What is dissemination of sexually explicit materials in Maine?](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
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- [What are the penalites for shoplifting in Maine?](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
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- [What happens if you have violated probation in Maine?](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
- [Can I have a shoplifting charge expunged from my criminal record in Maine?](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
- [Federal Sentencing Guidelines](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.
- [What is considered prescription fraud in Maine?](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
- [What are the penalties for prescription fraud charges in Maine?](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
- [What amount of drugs is considered trafficking if Maine?](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,
- [Can I reduce the penalties of a shoplifting charge in Maine](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
- [What are the most common types of theft charges in Maine?](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
- [Thank You](https://www.notguiltyattorneys.com/thank-you/) - Thank You Thanks for contacting us! We will get in touch with you shortly. A Maine Criminal Defense Law Firm Aggressive Legal Representation For All State & Federal Legal Needs If you have been charged with a felony or misdemeanor in Maine, contact us now. Our team of Maine criminal defense attorneys will provide professional
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- [What is gross sexual assault as it pertains to children in Maine?](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
- [What are the different types of rape offenses in Maine](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.
- [What happens if you violate the terms of a protection order in Maine?](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
- [Who must report abuse of minors in Maine?](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
- [What is considered possession of sexually explicit material in Maine?](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
- [What are the marijuana penalties for minors in Maine?](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
- [Is prescription fraud a federal offense in Maine?](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
- [What are the penalties for rape of a minor in Maine?](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
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## Tags

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