Archives September 2024

If you receive a traffic ticket in Maine, you may be facing far more than demerit points or an administrative penalty. You could be facing criminal sanctions and a permanent criminal record. Having the support of a criminal defense lawyer can help you reduce or avoid these penalties.

Not all traffic offenses in Maine are criminal offenses. Minor driving offenses, such as driving a few miles per hour over the speed limit, incur administrative penalties. However, speeding more than 29 miles per hour over the limit raises the stakes and a traffic violation may become a criminal matter.

If you are facing criminal driving penalties, a suitably qualified traffic ticket lawyer with good knowledge of the local court system can help to reduce the charge, prevent a conviction, and avoid the worst consequences associated with traffic tickets in Maine.

Is it worth fighting a traffic ticket in Maine?

Despite the temptation to avoid court and simply pay the traffic ticket fine, doing so is considered an admission of guilt in Maine. It is nearly always worth fighting a traffic ticket if serious consequences are associated with it.

With a lawyer’s assistance, you will not need to attend a court hearing but could avoid many inconveniences and difficulties.

For example, if you are caught performing an illegal left turn, this “minor” offense results in two demerit points. If you are already on 10 demerit points, the seemingly minor penalty of the two administrative points will result in your license being suspended.

For more serious traffic offenses, it is worth fighting a traffic ticket as legal representation can help avoid a criminal conviction. A conviction can stay on your record and impact employment, education, immigration status, travel, insurance premiums, and more.

When you discuss the circumstances of your case with a criminal defense lawyer, there may well be sufficient cause to fight the ticket.Often, law enforcement makes simple errors in these cases, and they are rarely “open and shut.”

How can you fight a traffic ticket in Maine?

When you are issued a traffic ticket by law enforcement in Maine, the reverse side of the ticket includes instructions for contesting.

First, check off the box indicating that you want to contest the ticket. Then, mail the ticket to the Violations Bureau at the address listed on the ticket. The Bureau must receive it within 20 days from the date of issue of the ticket.

You will be sent notice of a court date by mail to the address you write on the ticket. On the specified date, your lawyer can present evidence of why the ticket was issued in error and a district court judge will decide on your guilt or innocence. Note that there are no prosecuting attorneys at contested traffic ticket hearings in Maine.

How do you get a traffic ticket reduced in Maine?

There are three ways to respond to a traffic ticket in Maine. One option is to contest the ticket, but there are also the options of paying the fine or requesting a mitigation hearing.

At a mitigation hearing, you can plead mitigating circumstances, present supporting evidence, and request that the court reduce the fines.

Can you get a speeding ticket dismissed in Maine?

If you request a contested hearing for a traffic ticket such as speeding and the court finds during the hearing that it was issued in error, the ticket may be dismissed.

What can happen if you plead “guilty” to a traffic ticket in Maine?

Pleading guilty to a ticket in Maine is an admission of guilt. The defendant will need to pay the associated fines and accept the demerit points on their driving record.

If the traffic ticket extends to criminal charges, a guilty plea is even more serious, with criminal fines and suspensions, a lifelong criminal record, and associated long-term effects when an authorized party conducts a background check.

Contesting a traffic ticket in Maine

After electing to contest the traffic ticket (as outlined above), the Maine Violations Bureau will set a date for the hearing in the district court.

The state will be represented by the officer who wrote the ticket (rather than a prosecutor) and needs to prove that the alleged violation by the defendant occurred. The standard of proof in such cases is whether it is more likely than not that the defendant committed the alleged violation.

If you hire a traffic ticket attorney, we will answer the ticket on your behalf within 20 days of the citation and then represent you at the hearing. We are well-equipped to challenge police officers, who do not have the same level of legal training as lawyers.

What if you miss the deadline to contest the ticket?

If you do not answer a Maine traffic ticket within 20 days of its issue, you waive the right to contest the infraction in court.

Generally speaking, the Violations Bureau will automatically impose the fine listed on the ticket and points will be applied to your license. Failure to pay the fine will lead to a license suspension until the fine is paid in full.

However, there are exceptions. With legal assistance, you may be able to reopen the ticket even after the 20-day expiry period has elapsed.

How can a Maine traffic offense lawyer help?

Drivers in Maine are often surprised at how many traffic tickets are issued in error in Maine. Often, due process is not followed by police officers, who rely on the defendant not knowing the law and understanding their rights.

As seasoned Maine traffic offense lawyers, we know the law and protect those rights. Some tickets are issued with little solid evidence or unreliable witness testimony; with others, law enforcement officers breach the defendant’s constitutional rights, making evidence inadmissible.

Our experienced attorneys can help prevent the harsh consequences of a criminal conviction and, even with simple traffic tickets, we may be able to avoid demerit points and fines. We often know the local officers as well as the judges, clerks, and the legal system, placing us in a good position to defend your case.

The actions we can take on your behalf include:

• Answering the ticket for you and requesting a hearing
• Collecting evidence and records on the officer’s training, radar calibration, certification, testing, maintenance, etc.
• Building a defense based on the evidence gathered
• Attending the court hearing date on your behalf
• Negotiating with the police officer to reach a favorable resolution

Police officers in such cases often act as the plaintiff, prosecutor, and key witness. This is a heavy burden to carry, and mistakes are often made, which can greatly aid the defendant’s cause.

Conversely, we speak the same language as the judge in court, which helps support our arguments as we contest the case against the defendant.

How a lawyer can help if you are “out of state”

Traveling out of state and receiving a traffic ticket in Maine can be a tremendous inconvenience. Paying the fine is an admission of guilt and comes with the harsh consequences already outlined, and not appearing in court if you contest the ticket could result in a warrant for your arrest.

A conviction will also likely be reported to your home state’s Department of Motor Vehicles, resulting in demerit points on your license.

Our traffic ticket lawyers are licensed to practice anywhere in the State of Maine. We can challenge your ticket and represent you at your hearing so that you do not have to travel to Maine and miss work or add to the expense.

For experienced legal help with any serious traffic offense, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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Sexual assault and sexual battery both refer to criminal offenses where a victim does not provide consent to sexual contact.

This contact may or may not involve penetration, force, violence, or other forms of sexual abuse—any unwanted sexual contact is illegal in Maine.

An individual accused of sexual battery or “gross sexual assault” in Maine faces particularly serious consequences. It is important to understand the differences between various forms of sexual abuse offenses and what a conviction can mean.

What is the difference between sexual assault and sexual battery?

Sexual assault and sexual battery are terms often used to differentiate between different types of sexual abuse crimes. However, “sexual battery” and “sexual assault” are not used in the federal criminal code and the Criminal Code of Maine does not refer to “sexual battery.”

Instead, “aggravated sexual abuse” is the term given to sexual battery at the federal level (sexual assault is “sexual abuse”) and in Maine, sexual battery is called “gross sexual assault”

The main difference between sexual battery and sexual assault is whether an element of force or the threat of force was used. Sexual battery is the more likely charge if force or a threat of force was used, while almost any other unwanted sexual threat or contact may be classified as sexual assault.

What is gross sexual assault in Maine?

Gross sexual assault is the term used in Maine for sexual battery. It refers to the crime of engaging in a sex act (oral or anal sex or direct genital contact) when the victim does not consent or is incapable of consenting.

Aggravated gross sexual assault in Maine

Aggravated gross sexual assault is an even more serious version of the offense, where:

• The victim submits as a result of compulsion (force or threats of force, injury, or kidnapping), or
• The victim is under the age of 14 and is not married to the defendant.

Aggravated offenses are punished more severely than standard gross sexual assault offenses.

What are other types of gross sexual assault in Maine?

Gross sexual assault charges can also be filed against a defendant when:

• The defendant has given the victim a drug or intoxicant impairing the victim’s self-control.
• The defendant uses threats to compel or cause the victim to submit to the act.
• The victim is mentally disabled, the defendant knows of the disability, or the disability is apparent, and the disability renders the victim unable to consent to or understand the act.
• The victim is unconscious or physically incapable of resisting.
• The victim is under the age of 18 and the defendant is the victim’s parent or guardian.
• The victim is a prisoner, probationer, or parolee, and the defendant has official authority over the victim.

In such cases, the relationship between the defendant and the victim may be important. Gross sexual assault charges can even be filed in situations where the contact was claimed to be consensual. For instance, a high school teacher who has sex with one of the students in his/her class could be charged and convicted of gross sexual assault in Maine.

Penalties for gross sexual assault in Maine

The possible penalties for gross sexual assault in Maine depend largely on the nature of the crime and the past criminal record of the defendant.

Gross sexual assault based on the relationship between the parties is a Class C crime in Maine. This is punishable by up to five years in prison and a fine of up to $5,000.

Other types of gross sexual assault charges are classified as Class B crimes, punishable by up to 10 years’ imprisonment and a fine of up to $20,000.

Aggravated gross sexual assault is a Class A crime, punishable by up to 30 years in prison and a fine of up to $50,000.

What is the difference between domestic violence and gross sexual assault in Maine?

“Domestic violence assault” is the term used in the Maine Criminal Code to define an assault against someone in the family or a household member. This may include spouses, domestic partners, people who live together, biological parents of a child, minor children, or any previous sexual partner.

Assault in Maine is when a person intentionally causes harm to another person. However, the harm does not need to result in physical injury. It could be offensive physical contact such as grabbing, pushing, or shoving, which harms the emotional, psychological, or physical well-being of the targeted individual.

If a person is suspected of such actions in a domestic setting, he or she may be charged with domestic violence assault.

There are significant differences between domestic violence assault and gross sexual assault:

What are possible defenses against gross sexual assault in Maine?

The main defenses associated with gross sexual assault charges in Maine include:

• The honest belief that consent was given
• The victim mistook the defendant for another person
• The victim took a drug voluntarily and then engaged in sexual activity while impaired
• The defense of marriage (may be valid in cases prosecuted due to the relationship between the victim and defendant, such as a psychiatrist and patient)

For experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

Accused of a Sexual Battery?

https://www.youtube.com/watch?v=%20JyzdpGYN0tU

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In the latest news regarding the murder trial of OnlyFans model Courtney Clenney, there has been an important turn as a judge has granted permission for texts and emails from Clenney’s family to be used as evidence. In the realm of criminal defense, the significance of digital communication—particularly texts and emails—can carry significant weight in a case like this.

Background of the Case

Clenney, charged with the stabbing death of her boyfriend in Miami, has faced a substantial investigation not only from the media but also from the legal system. Texts and emails gathered during the investigation have emerged as a key element in the trial, highlighting their importance in establishing facts and understanding the context of criminal actions.

Legal Developments

Once the judge approved the use of evidence from emails and text messages for the case, the attorney that represents Clenney’s parents, commented that the evidence was very broad and privacy-invading. He warned that not narrowing search warrants could set an important precedent. 

Miami-Dade Assistant State Attorney Khalil Quinan agreed that while the office could review the evidence, the judge had the power to exclude anything that wasn’t relevant to the case. For now, the release of these texts and emails has been put on hold while an appeal is considered.

Legal Implications

This ruling highlights a key part of criminal defense: finding the right balance between giving prosecutors access to evidence and protecting personal privacy. How evidence is handled can make all the difference in a case. This situation shows just how crucial it is to carefully examine how evidence is gathered and to make sure that all procedural safeguards are followed correctly.

Legal and Ethical Considerations of Evidence

1. Privacy and Confidentiality
   The retrieval and use of personal communications must comply with privacy laws and attorney-client privilege. The recent case highlighted the importance of handling such evidence carefully to avoid violations that could undermine the legal process.
2. Relevance and Scope
   It’s crucial to ensure that digital evidence is directly relevant to the case. Broad or indiscriminate searches can infringe on privacy rights and lead to legal challenges, as seen in the Clenney case where evidence was initially tossed due to procedural issues.
3. Authenticity and Integrity
   The authenticity of digital communications must be verified to prevent tampering or misinterpretation. Ensuring the integrity of evidence is essential for maintaining a fair trial and upholding the principles of justice.

Texts and emails have become powerful tools in criminal trials, providing crucial evidence that can significantly impact the outcome of a case. As digital communication becomes more central to legal proceedings, it’s vital for both the prosecution and defense to handle this evidence carefully, making sure it is used properly to uphold justice and protect the integrity of the legal process.

Contact a Criminal Defense Attorney

An allegation of a criminal offense should never be treated lightly. In fact, it should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing. This is true whether you have been placed under arrest or are merely the subject of a criminal investigation.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Assault is a serious criminal charge in any situation in Maine. When the alleged assault is against a police officer, the consequences can be even harsher.

Sometimes, during questioning or an arrest by a law enforcement officer, an individual feels harshly treated or objects to the actions of the officer, leading to physical resistance. This can result in a charge of refusing to submit to arrest and, in more serious cases, assault on an officer.

Assault on an officer is often a more serious charge than the original crime that the subject was being investigated for. It is an automatic felony charge in Maine, so it is essential to understand more about this offense if you are facing charges.

What is “assault on an officer” in Maine?

Unfortunately, physical altercations sometimes result between police officers and the individuals they are investigating. Often this is due to misunderstandings, ignorance of the law, perceived heavy-handed approaches from officers, intoxication, or stress.

Striking, slapping, shoving, pushing, or otherwise physically assaulting a police officer is never a good idea. Try to remain calm and polite when being questioned or arrested. A criminal defense lawyer can help you answer the charges later and arguing is likely to worsen your position.

Individuals who are physically aggressive towards police officers—whether they cause injury or not—may end up not only with a criminal charge for the initial offense being investigated, but a felony charge for assaulting an officer as well.

The Maine statute for assault on an officer

To understand more about the precise nature of this offense, let us refer to the relevant Maine statute, which states that a person has committed an assault on an officer if:

• “That person intentionally, knowingly, or recklessly causes bodily injury to a law enforcement officer while the officer is in the performance of his official duties, or
• While in custody pursuant to an arrest or pursuant to a Court order, the person commits an assault on a corrections officer, corrections supervisor, or another member of the staff of an institution while the staff member is performing official duties.”

Under the statutory definition of assault, a criminal “assault” is any form of contact that is offensive to another person—whether it causes injury or not.

This law covers assaults not only on police officers but also on corrections officers carrying out their official duties in jails and prisons.

Example of an assault on an officer

Jerome attended a protest event on climate change in Augusta with his friends. As part of the protest, the group decided to sit down and block the road for passing traffic.

When police officers asked the group to disperse, they refused. The police proceeded to forcibly remove the protestors and Jerome lashed out at a police officer who tried to move him. The police officer sustained a small bruise, and Jerome was immediately taken down and arrested by two other officers. He was charged with the felony offense of assault on an officer.

What are the consequences of assault on an officer in Maine?

You can expect little sympathy from the justice system in Maine for an assault on an officer charge. The prosecutor is likely to seek a Class C felony charge. This comes with a maximum penalty of:

• Up to five years in prison
• Up to $5,000 in fines

The defendant may also face another charge if the assault occurred during an investigation or arrest for an initial alleged offense.

Bear in mind that a felony conviction stays with you for life. Whenever a background check is performed by a potential employer, educational institution, border officer, or immigration official, the details of your felony conviction will show up. You will also lose your Second Amendment right to own or possess firearms.

This can severely impact your future, so it is important to treat the charge seriously and give yourself the best possible chance of escaping a conviction.

A felony conviction is not straightforward

A felony charge is different from a conviction. You can potentially escape the worst consequences of your actions, even if the evidence against you seems overwhelming—especially if you have an otherwise clean criminal record.

To achieve a conviction for assault on an officer, for instance, the State must prove the defendant’s state of mind was intentional, knowing, or reckless at the time the alleged crime was committed, which can be challenging.

Like all those facing felony charges in Maine, to be convicted, you first need to be indicted by a Grand Jury. You will need to attend an initial appearance in court and, after being indicted, you will be formally charged and arraigned, where the charges are read and you enter your plea.

By this stage, you should have spoken to your criminal defense lawyer and plead not guilty to the charge.

There are opportunities to settle the case without a trial, notably at the Dispositional Conference. The possible outcomes from here include:

• Case dismissal: Sometimes, the District Attorney dismisses the charges due to lack of evidence or a procedural misstep, for example.
• Plea arrangement: The defendant agrees to plead guilty to a lesser charge, such as a simple assault charge, which is a Class D misdemeanor rather than a felony.
• Jury verdict: if the case goes to trial, a jury will decide on a defendant’s guilt or innocence after hearing all the evidence. If found guilty, the judge will determine the sentence.

Why hire a Maine criminal defense attorney?

Few people are equipped to handle a felony charge alone. The Maine justice system is intimidating and confusing without legal guidance. State prosecutors in felony cases can be tenacious and aggressive.

By working with an experienced, local criminal defense attorney in Maine, you benefit from the support and legal expertise of a professional who is on your side and committed to protecting your rights.

Your lawyer will gather evidence that supports your case and prepare your defense. We will communicate with the prosecutor, court personnel, and judge as the case progresses, looking for opportunities to diminish the consequences you face.

Your lawyer will protect your rights and fight the case against you, making the prosecutor’s job of proving guilt far more challenging than if you try to fight it alone.

For experienced legal help with any criminal offense, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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The tragic death of Matthew Perry, the beloved “Friends” star, is one of the year’s most shocking cases. It has garnered significant media attention, particularly with reports of criminal charges against his assistant and two doctors related to his death

Examining Criminal Law in Matthew Perry’s Death

Case Overview

Matthew Perry’s death in October 2023 from a ketamine overdose has resulted in criminal charges against five persons, including his personal assistant and two doctors. Prosecutors have described the case as involving a “broad underground criminal network” dedicated to obtaining and administering the strong anesthetic ketamine, which played a vital role in Perry’s death.

• First Doctor: Charged with seven counts of distribution of ketamine and two counts related to falsifying records. He is accused of illegally providing ketamine to Perry in dangerous amounts and falsifying records to cover up his involvement.
• Second Doctor: Agreed to plead guilty to conspiracy to distribute ketamine. He is alleged to have facilitated the illegal distribution of ketamine by securing it through fraudulent prescriptions and funneling it to Plasencia (first doctor).
• Personal Assistant: Charged with administering ketamine injections to Perry and was found to have received ketamine from Erik Fleming (supplier). He is also implicated in the broader criminal network surrounding the distribution of the drug.

Drug Charges

Drug-related charges can carry significant legal consequences, especially when they contribute to a person’s death. In Perry’s case, the charges include distributing ketamine in dangerous amounts, falsifying records, and involvement in a broader criminal network. These charges highlight the severe legal implications of drug offenses intertwined with other forms of liability.

1. Understanding Drug Charges: Drug charges vary depending on the offense. Possession involves having illegal drugs, which can range from personal use to distribution. Distribution is the act of selling or sharing drugs and is often classified as a felony. Manufacturing refers to producing illegal drugs, which is a serious crime. Prescription fraud involves illegally obtaining or distributing prescription medications.
2. Legal Processes: The legal process for drug-related charges typically includes arrest and booking, a preliminary hearing to evaluate evidence, an arraignment where the accused pleads, a trial to present evidence and arguments, and sentencing if convicted, which can range from fines to imprisonment.
3. Defensive Strategies: Defending against drug charges often involves challenging the legality of evidence collection, proving a lack of knowledge about the drug, arguing that the drug was legally prescribed, or claiming a mistake of fact regarding the drug’s nature.

Contact a Criminal Defense Attorney

If you are facing criminal charges related to drug offenses, understanding the legal landscape is vital. That’s where having an experienced attorney can make a difference. Russell Spatz of the Spatz Law Firm, PL, has over 40 years of experience in handling serious criminal law cases, including drug offenses. He has a deep understanding of the court system and the laws pertaining to your case, thanks to his extensive background, which includes serving as an assistant state attorney and division chief. Russell handled one of the longest racketeering drug trials in state history, demonstrating his capability to handle even the most complex and prolonged cases.

Whether you’re dealing with drug possession, distribution, trafficking, federal conspiracy, or racketeering, Russell offers aggressive representation tailored to your specific situation. Don’t wait to seek legal advice—delays can allow police and prosecutors to build a stronger case against you, and anything you say to them could be used against you in court. Contact Russell at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.