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Domestic violence is a serious charge and one that carries serious, mandatory penalties that include terms of imprisonment, fines, counseling and probation.
A conviction for a domestic violence charge can have long-term, life-altering effects; many of which can’t be accurately predicted due to the changing state and federal laws dealing with this topic.
In Maine, whenever the police are called to a “domestic dispute”, someone is getting arrested and taken to the county jail. Period. And that’s because Maine has a serious domestic violence problem and as a result, both prosecutors and judges take a hardline against domestic violence offenders.
In York and Cumberland counties, those District Attorney offices have their own special domestic violence prosecution divisions, manned by specially trained prosecutors whose sole mandate is to prosecute crimes of domestic violence.
In light of some recent high profile murders, which were fueled by a history of domestic abuse, other counties have formed their own special DV prosecution units.
Domestic Violence is no joke in Maine and a conviction is likely to land you in jail for months or even years, depending on your criminal history and the facts of your case.
Regardless of whether or not you’ve been charged with a misdemeanor or felony crime of domestic violence, you should immediately contact an attorney to defend you. Failure to retain the right attorney on your case can have disastrous results.
When your spouse or significant other calls the police because the argument you two had has spiraled out of control, at least two police officers are going to show up at your home. They’re going to separate the two of you to get your stories and will try and get you to admit to pushing, striking, threatening or causing offensive physical contact to your significant other.
Once that fact has been established, either through your own admission or your spouse’s statement, you can expect to be arrested and charged with a crime of domestic violence.
During the arrest sequence, the “victim” in the case usually expresses regret or even outrage that the defendant is being arrested. More often than not, that’s because the “victim” was unable to get his or her way during the argument or was unable to resolve the issue and called the police to assist them in settling it for them.
That’s not what the police are for; they’re not there to help you resolve an argument. And in arguments, sometimes people say things they don’t really mean. But once the police are called, someone is going to jail and as the victim, there is nothing you can do to prevent the arrest.
Common allegations in Domestic Violence charges include the following:
Once you’ve been arrested for a crime of Domestic Violence, you’ll be brought to the local county jail where either a bail commissioner will set bail or if you can’t afford the bail as set, you’ll be held until you can see a judge.
In all domestic violence cases, the bail commissioner and/or the judge will set the following conditions, at a minimum:
In order to ensure that you’re in compliance with your bail conditions as set, the court or bail commissioner will also order that you be subject to random search, seizure and testing for drugs, alcohol and dangerous weapons. If you are found to be in violation of your bail conditions, you’ll be charged with a new crime of Violating Conditions of Release and likely held without bail pending resolution of the Domestic Violence charges.
Courts define contact as any contact, whether it is direct or indirect. Examples of prohibited direct contact with the “victim” are: texting, calling, writing letters, electronic contact of any sort to include contact through social media, and showing up at the “victim’s” home, place of work or church.
Examples of indirect contact include having a friend or family member call the “victim” in order to relay messages to him or her; showing up repeatedly at the grocery store when the “victim” is shopping (which incidentally could qualify as stalking). Any allegation of direct or indirect contact with the “victim” will result in your immediate arrest and a no-bail hold until the case is resolved.
Keep in mind that bail conditions don’t “go away” once you plead not guilty. Instead, bail conditions remain in full force and effect until the case is resolved; either through a plea, dismissal of the charges or return of a verdict following trial.
In most of my domestic violence cases, the services of a private investigator are needed in order to ensure a successful outcome. In many cases, the “victim” wants to recant his or her statement and it’s important that the PI is available to take a new statement from the “victim”.
If the “victim” later changes his or her mind about recanting, we’ll be able to introduce the “victim’s” own sworn statement against them if the case proceeds to trial.
In addition, there may be witnesses to the alleged crime. Perhaps one of the neighbors heard the argument and wrote a statement or a friend was present when the argument occurred.
Obtaining an independent statement from those witnesses can prove helpful to the case, especially if the witness’s disposition has changed from hostile to friendly with respect to the defendant.
Many times, the witnesses will make inconsistent statements in their original statements to the police and the follow-up statements to the PI. Those inconsistent statements can be used to create reasonable doubt at trial or leverage when attempting to negotiate an outcome with the District Attorney.
Depending on your financial resources, the Maine Commission on Indigent Legal Defense may be willing to assist you in funding the costs of a PI. Just because you retained an attorney doesn’t mean you necessarily have the funds available to pay for a PI.
At MCD Group, we have the experience to make those determinations and can secure you alternatives to paying the full cost of a PI out-of-pocket.
The purpose of an arraignment is to apprise the defendant of the charges pending and to enter your plea of guilty or not guilty. Bail issues can also be addressed during the arraignment and are usually the first opportunity to have some of the more onerous conditions amended or even stricken.
If the domestic violence charge was a misdemeanor, you won’t need to appear in court unless you failed to retain an attorney. If you retained the services of this law office, we’ll appear on your behalf and plead you not guilty.
If bail needs to be argued, we’ll ask that you appear and attempt to ascertain whether or not the “victim” is in agreement with some of the conditions you’re seeking to have amended.
Once you’ve been arraigned, a date for the dispositional conference will be set. This is the first court appearance where your presence is mandated. However, with that said, there are some courts in the state of Maine that don’t require you to appear at this stage of the proceeding. If you have questions about whether or not your appearance is mandatory, check with your attorney.
During the dispositional conference, the merits of the case are discussed with both the DA and if necessary, the judge. Both sides are trying their best to resolve the case without resorting to trial. However, that’s not always possible and trials are sometimes unavoidable.
With that said, the dispositional conference is where the best outcome can be negotiated. If the parties cannot come to an agreement, the case will either set for jury selection or for a hearing on a Motion to Suppress Evidence. Some of the possible outcomes from a dispositional conference can include the following:
During a hearing on a motion to suppress evidence, the court will determine whether or not your constitutional rights were violated and if so, whether or not some or all of the evidence sought to be introduced by the prosecutor will be suppressed.
The prosecutor has the burden of proof and therefore, must present the state’s evidence as it pertains to the constitutional violation. They do that by introducing witnesses who present sworn testimony to the court.
The Maine criminal defense lawyer can then cross-examine (question) the witness and introduce their own witnesses to rebut the state’s evidence. Both parties can make arguments and present relevant case law for the court to consider.
If the court finds that a constitutional right has been violated by the government, the court will suppress the evidence that was obtained in violation of your rights. This can lead to mere exclusion of the damaging evidence or, if the evidence was crucial to the State’s ability to prove their case, can result in a dismissal of the charges.
Type of constitutional issues heard by Maine courts include:
Assuming that your case didn’t resolve at a dispositional conference and that the State’s case survived any constitutional challenges, you’re now ready to pick a jury and conduct a trial. All trials are open to the press and public. No one is excluded from these public proceedings.
That means the press can print what is learned at trial and publish the jury or judge’s verdict for the world to see. With that in mind, many defendants seek to avoid trial as the risk of public humiliation through the airing of private affairs is too great.
Juries are made up of 12 people from the county where the crime occurred. Because jurors are people, they sometimes have a difficult time separating their personal biases and feelings from the law. That’s why it’s important for the defense lawyer conducting the defense to ensure a proper void dire in order to exclude those types of people from the jury pool.
Ultimately, your case and future are in the defense attorney’s hands. So choose your champion wisely. All attorneys are not created equal. Some have greater or lesser trial skills than others. Make sure you pick a fighter and not a coward.
Since the State bears the burden of proof, they get to make the first opening statement and they get to put on their case first. The defense goes last for opening statements and putting on their witnesses. Most cases are won or lost through cross-examination and persuasive (or not) presentation of the evidence. A seasoned and skilled trial attorney in Maine will know how to bring all of his considerable trial skills to bear for your benefit. A jury’s verdict must be unanimous. If only one juror holds out with a “not guilty vote”, the case is considered a mistrial and the DA has the choice of reviving the charge and starting over or negotiating a more favorable outcome with the defendant. Each case’s facts and circumstances are unique and will influence the prosecutors decision either positively or negatively. Nonetheless, a mistrial is a successful outcome, which could result in a dismissal or steep reduction of the original charges
If a jury returns a verdict of NOT GUILTY, the case is over. Bail is released and you are free to continue on with your life. If you’ve had time to make up with your wife or significant other, you’ll be allowed to reside with him or her and pick up the pieces. Hopefully, life will return to normal and the nightmare that’s been your life these last many months will subside and fade away.
If a jury returns a verdict of guilty, the judge will either impose sentence immediately following arguments from the attorneys or the judge will postpone sentencing so that the attorneys can prepare arguments for a later date. If sentencing is postponed, bail will remain in effect until the court renders judgment. If the sentence includes a period of imprisonment, be prepared to go to prison that day. In many cases, judges will refuse any requests to stay execution of a prison sentence following a trial as they’re concerned that the defendant will exact revenge on the “victim” in the case.
If you’ve been convicted of a crime of Domestic Violence, life as you’ve come to know it will be irrevocably changed. Forever. Aside from the obvious criminal penalties imposed by the court, which include a term of incarceration, probation, fines and mandatory completion of Maine’s Certified Batter’s Intervention Program, the following additional, unforeseen consequences await you upon release from jail or prison:
If you’ve been charged with a crime of Domestic Violence, don’t go forward alone.
Retain an experienced and aggressive criminal defense attorney at The Maine Criminal Defense Group for a consultation or call us directly at (207) 571-8146, where you’ll learn about your rights and defenses to your pending criminal charges.
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
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I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
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5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
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RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
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VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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