Archives December 2025

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. After serving less than a year in jail, he was released with six years of probation.

According to court documents, Cutler allegedly violated his probation conditions by visiting a website for a San Francisco massage parlor seeking an escort services and using unmonitored devices. The probation officer has requested the court issue an arrest warrant, and Cutler has been summoned to appear for a hearing in Hancock County Court on December 16th.

Attorney William Bly’s Commentary on Eliot Cutler Case

William Bly, Founder and Managing Attorney at The Maine Criminal Defense Group, provided expert commentary on the severity of Cutler’s situation. According to Attorney Bly, if a judge revokes Cutler’s probation, he could face sanctions ranging from one day in jail up to a full revocation of his probation.

“Mr. Cutler’s got a very steep hill to climb in front of him, I would say,” Attorney Bly stated. “It’s really fact-dependent, but in Mr. Cutler’s case, he’s probably subject to, if he’s going to get his probation revoked, a pretty significant sanction.”

Attorney Bly emphasized that the allegations are likely very concerning to both the court and defense, noting: “He’s really in jeopardy here for a significant sentence if the state can show that there’s probable cause to believe that he basically committed these offenses.”

Understanding Sexual Exploitation of Minor Charges in Maine

Possession of Sexually Explicit Material

In Maine, possession of sexually explicit material involving a minor is prosecuted under 17-A M.R.S. §284. The severity of charges depends on several factors, including the age of the minor depicted and any prior convictions.

Penalties vary based on the minor’s age:

• If the material involves a minor under 16, it’s classified as a Class D crime, punishable by up to 364 days in jail and fines up to $2,000
• If the material involves a minor under 12 years of age (as in Cutler’s case), the offense is elevated to a Class C felony, carrying up to 5 years in prison and fines up to $5,000
• Individuals with prior convictions face enhanced charges and more severe penalties

Additional Consequences

Beyond incarceration and fines, a conviction triggers mandatory registration as a sex offender, which imposes long-term restrictions on housing, employment, and educational opportunities. Offenders must regularly update their registry information, and conviction details become publicly accessible.

Federal charges may also apply if materials crossed state lines or were shared online, potentially exposing defendants to significantly harsher federal sentencing guidelines.

Sexual Exploitation of a Minor Under Maine Law

Sexual exploitation of a minor under 17-A M.R.S. §282 occurs when someone knowingly uses or induces a child under 16 to engage in sexual acts for creating pornography. This is a Class B felony punishable by a minimum of 5 years in prison, but can be elevated to a Class A felony with a mandatory minimum of 10 years if the child is under 12 or the accused has prior related convictions.

The Importance of Skilled Maine Criminal Defense Representation

Sexual exploitation and child pornography charges carry life-altering consequences that extend far beyond potential jail time. These charges affect employment prospects, housing options, personal relationships, and community standing. The complexity of these cases, combined with the severity of potential penalties, makes experienced legal representation essential.

A skilled criminal defense attorney can challenge evidence, identify procedural errors, negotiate with prosecutors, and develop defense strategies tailored to the specific circumstances of each case. Early intervention by qualified counsel can make the difference between a conviction with mandatory minimums and alternative resolutions.

If you’re facing these serious charges, protecting your rights and your future requires immediate action and experienced legal advocacy from The Maine Criminal Defense Group who understand both Maine and federal laws governing these serios types of offenses.

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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 crime cases. Even more seriously, the failure to successfully defend the accusations can result in lengthy prison terms and hefty fines.

The steps taken after sex crime accusations are made are crucial to one’s reputation and freedoms, so let’s cover what you need to know from a legal standpoint.

False sex crime accusations are common

Up to 10 percent of sex crime accusations reported to authorities in the U.S. are determined  to be false after investigation. That is to say, the evidence shows that no crime occurred or the allegation was fabricated.

Given the potential for serious harm to be caused to innocent defendants’ lives, it surprises many people how common false accusations are.

Why do people make false sex crime accusations?

Often, the individual who makes the false claim is close to the defendant and makes the accusations as a form of personal revenge out of anger or hurt over perceived wrongdoing.

The accuser could be a co-parent, estranged spouse in a legal dispute, ex-partner, employee, or even a teenage child aiming to get back at a parent or teacher. Sometimes, aggrieved individuals make false claims due to misguided advice from others.

Claims may involve anything from relatively minor crimes, such as indecent exposure, to serious sexual assault or abuse.

Regardless of the motive for the accusation, credible sex crime claims will be investigated by law enforcement, leading to severe disruption in the defendant’s life, even if the claims are patently false.

A knowledgeable criminal defense attorney can investigate claims, uncover the motive, and rigorously defend the accusations.

False sex crime accusations can damage more than reputations

A person’s reputational damage is often the most immediate outcome of false sex crime allegations. Even though a defendant is not guilty until guilt is proven in a court of law, the “court of public opinion” often assumes that people accused of a crime must be guilty.

So, even false sex crime claims can badly tarnish reputations, cause severe relationship problems in families, and lead to employment issues. Tough emotional, mental, and practical challenges are often faced by the accused. These issues can deepen if the defendant does not take the accusations seriously, says the wrong things to law enforcement, or fails to take reliable legal advice.

As we shall see in the next section, the potential penalties for sex crimes are severe. Without proper legal representation, even those wrongly accused can face long prison sentences and other life-long consequences.

Penalties for sex crimes in Maine

Sex crimes vary from relatively minor offenses to serious assaults. Most accusations are treated seriously by investigators in law enforcement.

A wide range of penalties applies to sex offenses, depending on the severity of the crime. Lengthy prison sentences, substantial fines, probation, and mandatory registration as a sex offender apply to many offenses.

When sentencing, a judge will consider the following factors, amongst others:

• The age of the accuser and the defendant
• The relationship between the defendant and the complainant
• The location of the incident (near a school may incur harsher penalties)
• Whether a weapon was used
• Any history of sexual offenses
• Other aggravating circumstances, such as whether drugs were used

For the most serious Class A crimes or felonies, such as aggravated gross sexual assault, defendants face the following penalties in Maine:

• Up to 30 years in prison
• A fine of up to $50,000
• Registration as a sex offender for life

For a Class B Crime, such as gross sexual assault, offenders face:

• Up to 10 years in prison
• A fine of up to $20,000
• Registration as a sex offender for at least 10 years

For a Class C Crime, such as gross sexual assault based on the relationship between the parties, offenders face:

• Up to 5 years in prison
• A fine of up to $5,000
• Registration as a sex offender for at least 10 years

For a Class D Crime (misdemeanor), such as unlawful sexual touching, offenders face:

• Up to one year in jail
• A fine of up to $2,000
• Registration as a sex offender

For a Class E Crime (misdemeanor), such as sexual misconduct, offenders face:

• Up to six months in jail
• A fine of up to $1,000
• Registration as a sex offender

How a criminal defense attorney will prove your innocence if falsely accused of a sex crime in Maine

Anyone falsely accused of a sex crime in Maine should urgently seek legal assistance from an experienced criminal defense attorney to prove their innocence. Depending on the precise nature of the accusations, we will usually prove innocence with one of the following defenses:

Alibi

We may be able to prove that you were not present in the location when the alleged offense took place, supported by evidence such as witness testimony, surveillance footage, receipts, etc.

Consent

In some cases, there is no dispute that sexual activity occurred but the defense argues that it was consensual, i.e., both parties agreed to the contact knowingly and voluntarily, without coercion.

False accusation

If the allegations are entirely false, the defense may focus on proving a motive, such as an accuser’s personal vendetta, custody battle, or mental health issues.

Mistaken identity

In some sex crime cases, the accused can assert that they were incorrectly identified as the perpetrator—with poor quality video footage or the unreliability of eyewitness testimony supporting this defense.

Mental incapacity or intoxication

Establishing the accused’s mental incapacity or intoxication does not automatically absolve them of a sex crime in Maine. However, in certain cases, this defense may still be argued, though it is regarded as a difficult defense for attorneys to successfully present.

What not to do if you’re falsely accused of a sex crime in Maine

In matters involving allegations of sexual criminality, what a defendant does not say or do can be as important as what he/she does say or do.

Firstly, do not try to confront your accuser directly or indirectly, as this can escalate the issue and count against you during the investigation.

Saying too much to a criminal investigator without legal advice is also a big mistake—even if you know you’re innocent. Trying to defend yourself anywhere but in court will not help your case, as investigators are often under pressure to bring charges and prosecutors to seek a conviction. Your words, when under investigation or being interviewed or interrogated, can count against you and harm your defense.

It’s best to calmly identify yourself but politely refuse to answer any questions without first talking to a criminal defense lawyer.

Similarly, do not discuss your case with anyone but your criminal defense attorney, as others may not have your best interests at heart or may “leak” information unintentionally.

For experienced legal help with any criminal matter, call The Maine Criminal Defense Group for an initial case evaluation.

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William Bly Comments on Eliot Culter’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. After serving less than a year in jail, he was released with six years of probation.

According to court documents, Cutler allegedly violated his probation conditions by visiting a website for a San Francisco massage parlor seeking an escort services and using unmonitored devices. The probation officer has requested the court issue an arrest warrant, and Cutler has been summoned to appear for a hearing in Hancock County Court on December 16th.

Attorney William Bly’s Commentary on Eliot Culter Case

William Bly, Founder and Managing Attorney at The Maine Criminal Defense Group, provided expert commentary on the severity of Cutler’s situation. According to Attorney Bly, if a judge revokes Cutler’s probation, he could face sanctions ranging from one day in jail up to a full revocation of his probation.

“Mr. Cutler’s got a very steep hill to climb in front of him, I would say,” Attorney Bly stated. “It’s really fact-dependent, but in Mr. Cutler’s case, he’s probably subject to, if he’s going to get his probation revoked, a pretty significant sanction.”

Attorney Bly emphasized that the allegations are likely very concerning to both the court and defense, noting: “He’s really in jeopardy here for a significant sentence if the state can show that there’s probable cause to believe that he basically committed these offenses.”

Understanding Sexual Exploitation of Minor Charges in Maine

Possession of Sexually Explicit Material

In Maine, possession of sexually explicit material involving a minor is prosecuted under 17-A M.R.S. §284. The severity of charges depends on several factors, including the age of the minor depicted and any prior convictions.

Penalties vary based on the minor’s age:

• If the material involves a minor under 16, it’s classified as a Class D crime, punishable by up to 364 days in jail and fines up to $2,000
• If the material involves a minor under 12 years of age (as in Cutler’s case), the offense is elevated to a Class C felony, carrying up to 5 years in prison and fines up to $5,000
• Individuals with prior convictions face enhanced charges and more severe penalties

Additional Consequences

Beyond incarceration and fines, a conviction triggers mandatory registration as a sex offender, which imposes long-term restrictions on housing, employment, and educational opportunities. Offenders must regularly update their registry information, and conviction details become publicly accessible.

Federal charges may also apply if materials crossed state lines or were shared online, potentially exposing defendants to significantly harsher federal sentencing guidelines.

Sexual Exploitation of a Minor Under Maine Law

Sexual exploitation of a minor under 17-A M.R.S. §282 occurs when someone knowingly uses or induces a child under 16 to engage in sexual acts for creating pornography. This is a Class B felony punishable by a minimum of 5 years in prison, but can be elevated to a Class A felony with a mandatory minimum of 10 years if the child is under 12 or the accused has prior related convictions.

The Importance of Skilled Maine Criminal Defense Representation

Sexual exploitation and child pornography charges carry life-altering consequences that extend far beyond potential jail time. These charges affect employment prospects, housing options, personal relationships, and community standing. The complexity of these cases, combined with the severity of potential penalties, makes experienced legal representation essential.

A skilled criminal defense attorney can challenge evidence, identify procedural errors, negotiate with prosecutors, and develop defense strategies tailored to the specific circumstances of each case. Early intervention by qualified counsel can make the difference between a conviction with mandatory minimums and alternative resolutions.

If you’re facing these serious charges, protecting your rights and your future requires immediate action and experienced legal advocacy from The Maine Criminal Defense Group who understand both Maine and federal laws governing these serios types of offenses.

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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 the stress of fighting it?

By hiring an experienced OUI attorney, you will understand more about the judicial process and discover that it is almost always best to challenge an OUI charge. Working with a defense lawyer, you can attend court with more certainty and increase your chances of a favorable result.

Let’s start by outlining what happens after an arrest and at the first OUI court appearance in Maine, as well as what you can expect from the criminal justice process in general.

OUI arrest and charge in Maine

In Maine, DUI or DWI is called OUI, which stands for Operating Under the Influence.

Most alleged OUI offenders are arrested at traffic stops in Maine. If a law enforcement officer suspects impaired driving or an illegal Blood Alcohol Concentration (BAC) level, based on answers to questions, the smell of alcohol, or signs of impairment, suspects may be asked to perform a standardized field sobriety test (SFST).

If the police officer establishes probable cause to believe that the driver is impaired, he/she will be arrested and taken to a local Maine police station for a chemical test.

A blood, breath, or urine test will be used to measure the BAC. Refusing such a test is illegal and will result in arrest. It is best to say as little as possible after being arrested, but you will be charged with OUI if the chemical test confirms the officer’s suspicions or you refuse a test.

Background checks will be performed, fingerprints taken, and you will be photographed. Most individuals charged with a first OUI without aggravating circumstances are placed in a holding cell for a few hours while the police process the charges. They are often then released on a promise to appear at the court on the appointed date.

According to Maine’s Bail Code, judicial officers can release people charged with misdemeanor crimes, such as most cases of OUI, on personal recognizance (PR) or an unsecured appearance bond, unless there are reasons to deny that kind of release. A variety of conditions may be imposed on the defendant’s release but the main condition is that they attend court on the appointed date.

First OUI court appearance in Maine

If you were arrested for Operating Under the Influence (OUI) in Maine, it is almost inevitable that you will need to appear before a judge after your release.

For a non-felony crime, your first court appearance is known as the arraignment. This will usually take place at a District Court (or sometimes at the Superior Court) in the county where the arrest took place.

For instance, if you were arrested in Cumberland County (e.g., Portland or Westbrook), your first appearance would be in Cumberland County District Court. If it happened in Penobscot County, you would appear in Bangor District Court.

Your OUI lawyer can attend the arraignment on your behalf. Arraignment hearings are usually scheduled with many defendants appearing at the same time.

At an arraignment for a Class D or E criminal charge (a misdemeanor, which applies to most first or second OUIs), the judge will:

• Read the charge(s) against you
• Ensure that you understand the charge and possible penalties
• Ask you to enter a plea of guilty or not guilty

For guilty pleas, the judge will impose a sentence there and then, including a license suspension, fine, and possibly even jail time. If a not-guilty plea is entered, the defendant will receive notice of a second court date, known as a “dispositional conference”.

The dispositional conference may be scheduled for 1-2 months after the first court appearance, during which time an OUI defense lawyer will get to work on preparing a defense. This appearance is an opportunity to discuss a possible resolution with the District Attorney to avoid a trial, and to file motions to suppress evidence—for example, for evidence illegally obtained during a search and seizure.

If no motion is filed, and the case remains unresolved, the Court will schedule a docket call. This is where the Court goes through a list of cases exposed to trial for that month—usually, the last chance to settle the case before jury selection and trial.

Why hire an OUI lawyer before your first court appearance?

The arraignment is not the trial but it is still an important hearing in OUI cases—and one that you should prepare for by hiring a defense attorney in advance.

Your OUI attorney can help by:

• Entering a not-guilty plea on your behalf, thereby saving you the need to attend the arraignment.
• Sending preservation of evidence letters to ensure the police retain important evidence that may help your defense.
• Requesting full discovery from the District Attorney’s Office, so that police reports, witness statements, video/audio recordings, test results, and other evidence can be thoroughly examined.

Another major benefit of hiring an OUI lawyer before the first court appearance is to request (and attend) an administrative suspension review hearing with the Maine Bureau of Motor Vehicles. Defendants’ licenses are suspended automatically by the BMV before any court hearing. The review must be requested with the Driver License Services Division within 10 days of the date of suspension listed on the notice.

Drivers who have submitted to a chemical test can usually drive until the BMV hearing date, as their license suspension will be placed on hold. However, with OUI refusal charges, a stay of the suspension is not available; the driver’s license will remain suspended pending the outcome of the hearing.

As always, the best chance of avoiding an OUI conviction and lifelong criminal record in Maine is to defend the charge with the aid of the best criminal legal counsel available.

For experienced legal help with any criminal matter, call The Maine Criminal Defense Group at for an initial case evaluation.

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