2nd OUI Charges in Maine


Anyone charged with a second OUI in Maine should expect little leniency from the criminal justice system.

This makes it even more important to challenge the charges and avoid a conviction. Educating yourself about what constitutes a second OUI in Maine and the potential penalties for the offense is the first step.

Here’s what you need to know.

What is considered a 2nd OUI in Maine?

OUI charges can be filed against anyone suspected of operating a motor vehicle while:

  • Under the influence of alcohol or a controlled substance, including drugs or prescription medications.
  • Having an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath (the legal limit).

A second-time OUI offense is committed when an individual either has a DUI conviction or a DUI-related offense within Maine or any other U.S. state within the last 10 years. This includes refusals to take a chemical test.

The prior OUI essentially “aggravates” the pending charge, making the second charge even more serious than the first.

What are the penalties for a 2nd OUI in Maine?

For a second OUI offense, the penalties become more severe. These penalties can come in the form of higher fines, a longer driver suspension, and mandatory jail time.

With first-time OUIs, there is a recognition that people make honest mistakes. Often, an experienced OUI lawyer can plead a case for leniency if the case cannot be dismissed.

A second OUI, however, indicates to the authorities a pattern of errant behavior from an individual who has not been deterred. The Maine criminal justice system views this extremely dimly, with the prosecutor far less likely to negotiate.

Here’s a summary of the potential mandatory penalties you could face for a second OUI in Maine:

  • A mandatory fine of $700 (plus fees and surcharges)
  • A mandatory license suspension of three years ordered by the court
  • A mandatory jail sentence of seven days
  • A court-ordered suspension of the person’s right to register a motor vehicle

A second OUI charge (if nobody was injured in the OUI incident) is considered a Class D misdemeanor. In some cases, the mandatory seven-day jail sentence can be served in the Second Offender Alternative Sentencing Program with community service for a week supervised by the county jail.

If an injury is caused by a driver found to be operating the vehicle while intoxicated, penalties escalate significantly, possibly including several years in prison and revocation of the driver’s license for life.

Penalties for third and fourth OUI offenses are even more serious than those for a second OUI conviction.

What are the penalties for a second chemical test refusal in Maine?

In Maine, the “implied consent” law means that refusing to submit to a chemical test is also a criminal offense. Provided the request is from an authorized law enforcement official with probable cause, offenders can face harsher penalties than with a straightforward OUI.

The chemical test can be a breath, blood, or urine test. Second-time refusal offenses attract the following penalties:

  • A mandatory jail sentence of 12 days
  • A mandatory minimum fine of $900 fine
  • A mandatory court-imposed three-year driving suspension, plus an 18-month administrative suspension from the Maine Bureau of Motor Vehicles (BMV)

The administrative license suspension begins immediately upon refusal to take a chemical test.

How does a second OUI impact drivers in Maine?

With a second OUI, the BMV can suspend your driver’s license simply from a police report—no court processes are required.

However, you can request an administrative hearing at the BMV to challenge the suspension. This is generally advisable as it will at least postpone the license suspension until after the hearing.

At the administrative hearing, an OUI attorney can plead your case and, if successful, the administrative suspension will be withdrawn. However, you could still face a court-ordered license suspension of three years for a conviction for a second offense OUI.

A suspension for a second OUI will not include a  right to a work-restricted license. However, under certain circumstances, you may be able to drive before the end of the three-year suspension period.

Notably, after serving nine months of the suspension, drivers can often drive with an Ignition Interlock Device (IID) fitted in their vehicles. This is an in-vehicle breathalyzer device that will only allow the engine to start if the driver registers a zero reading.

The Maine DEEP program

Maine’s DEEP program is a weekend-long substance abuse evaluation program, which all OUI offenders must attend before being eligible to join the ignition interlock device program or having their license reinstated.

For second-time OUI offenders, the DEEP office will evaluate the offender and may recommend additional one-on-one substance abuse counseling.

What if you’re charged with a 2nd OUI but live outside Maine?

For non-Maine residents who are charged with a second offense OUI while on vacation or working in Maine, the same penalties apply as for Maine residents.

The defense offered by an OUI lawyer is also likely to be the same, but non-residents are less likely to be able to attend court in person. Even if the individual does not attend the arraignment,  attendance would be mandatory at a trial.

When it comes to license suspensions for non-residents of Maine, the BMV will suspend the license but the home state may not apply any suspension until notified by the BMV of a suspension or an OUI conviction. In most cases, to escape a suspension, fighting the BMV suspension and pursuing a case dismissal or not-guilty verdict is recommended.

How can an OUI lawyer in Maine help you?

Appointing an experienced OUI lawyer with intimate knowledge of the OUI laws and judicial system in Maine, and who is persuasive toward prosecutors and judges, can prevent the severe consequences of a second OUI.

Your defense may be constructed around any of the following:

  • No reasonable suspicion to stop you
  • No probable cause to breathalyze you
  • Improperly executed sobriety tests
  • No certification for the police officer to use the breathalyzer
  • Improper calibration of the breathalyzer
  • Improperly executed breathalyzer or blood test

For second OUI charges, an experienced OUI lawyer will also investigate the prior conviction to see if there are any constitutional issues with it. Your lawyer may also call on expert witnesses to support your case or recommend that you enroll in alcohol or substance abuse treatment to improve your legal position.

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

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Maine’s DEEP Program: Questions and 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 a 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 education classes.

Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.

What is Maine’s DEEP Program?

The Driver Education and Evaluation Program, normally referred to as DEEP, is the state’s main tool for the prevention of repeat offenses, and it is a great method of keeping the public as safe as possible from those offenders charged or convicted with driving under the influence of alcohol or drugs.

Types of Courses

There are courses for different demographics, such as a course for offenders under the age of twenty-one and another for those who have reached the legal drinking age. Make sure when you enroll that you enroll in the appropriate program so that you can receive the proper credit from the Secretary of State. This is important, because if you do not complete the right court-approved program, you may be unable to get your driving privileges reinstated.

In addition to these two classes, there are others specifically designed for out-of-state offenders, military personnel, and program completion courses. Check with your lawyer to find out which course is best in your situation.

Cost Associated with Maine’s DEEP Program

The DEEP course series is not a free or even income-based one, and the offender is entirely responsible for the payment of all course fees. In many cases, it is a flat fee of $300, which is subject to change without prior notice depending on the program’s schedule and other factors. Transportation to and from DEEP is not provided, and you are still responsible for getting a ride to and from each class.

For experienced legal help with any OUI charge or Maine’s DEEP program, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.

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Maine Woman Charged in Deadly Crash Agrees to 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 William Bly, Tavares was able to navigate the complexities of this high-profile case with a surprising yet significant outcome.

Background of the drunk driving Incident

The case traces back to a fatal crash that occurred on Shore Road in Castine in the fall of 2023. Tavares was a passenger in a vehicle driven by Joshua Goncalves-Radding, who was under 21 and allegedly intoxicated. Tragically, the crash claimed the lives of four college students: Brian Kenealy (20) of York, ME; Chase Fossett (21) of Gardiner, ME; Luke Simpson (22) of Rockport, MA; and Riley Ignacio-Cameron (20) of Aquinnah, MA.

According to prosecutors, Joshua Goncalves-Radding was driving over 100 miles per hour when he lost control of the vehicle. The car went airborne, struck a tree, and burst into flames. It was later revealed that Joshua Goncalves-Radding had both alcohol and marijuana in his system at the time of the accident.

Original Charges Against Tavares

Initially, Tavares faced several serious charges which included manslaughter, aggravated operating under the influence, reckless conduct with a dangerous weapon, driving to endanger, and reckless speeding, even though she was not driving the vehicle.

Prosecutors accused her of being an “accomplice or co-conspirator,” primarily due to her involvement in purchasing alcohol consumed by Joshua Goncalves-Radding that night. This involvement opened her up to felony charges, as the tragedy unfolded partly due to impaired driving.

The Plea Agreement

On a Friday morning in the Hancock County Courthouse, Tavares entered a new plea agreement. She pleaded guilty to one count of furnishing liquor to a minor—a lesser charge compared to the original counts she faced. This plea deal meant that all other charges, including the manslaughter charges, were dropped.

Tavares’ attorney, William Bly, expressed relief at the outcome, noting that, “Out of 14 counts, she’ll have a single, Class D misdemeanor on her record.” While the conviction will result in a criminal record, the more severe felony charges have been removed, allowing Tavares a chance to rebuild her life with fewer long-term repercussions.

Conditions of Tavares’Plea Deal

As part of the plea agreement, Tavares’ sentencing has been deferred for two years, providing her an opportunity to meet specific conditions to avoid more severe penalties. One key condition is that Tavares must speak to incoming Maine Maritime Academy students about the dangers and consequences of impaired driving.

Attorney William Bly emphasized the importance of this educational component, saying, “There needs to be some kind of learning from this. Kids just don’t understand the consequences of driving under the influence.”

If Tavares successfully meets the conditions of her deferment period, her final sentence will be significantly reduced to a $500 fine. However, if she fails to comply, she could face up to five years in prison.

The Driver’s Sentence

In a separate ruling, Joshua Goncalves-Radding, who was driving at the time of the crash, received a sentence of three years in prison for his involvement. His impaired state and reckless driving directly contributed to the deaths of the four young students, and his sentence reflects the gravity of his actions.

A New Path Forward

Tavares’ next scheduled court appearance is set for November 17, 2026, when the court will review her compliance with the conditions of her plea deal. For now, she has an opportunity to avoid further imprisonment by using her experience to help prevent similar tragedies in the future.

Final Thoughts

This case is a somber reminder of the tragic consequences of impaired and reckless driving. William Bly’s skillful representation allowed Tavares to avoid a life-altering felony conviction and instead focus on rehabilitation and community education. While no legal outcome can undo the loss of life in this tragic accident, the plea deal provides a pathway toward redemption and healing.





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Common Grounds for Post-Conviction Relief in Florida


When someone is convicted of a crime, the legal process doesn’t always end with the verdict. In many cases, post-conviction relief in Florida allows a person to challenge their conviction after the trial is over. It can be an important tool for seeking justice, especially when new evidence or legal mistakes come to light.

Discover key reasons for Post-Conviction Relief in Florida and how they impact those seeking justice.

 

1. Newly Discovered Evidence

One of the most common reasons people seek post-conviction relief is the discovery of new evidence. This evidence may not have been available during the original trial and could change the outcome of the case. New DNA evidence, witness testimony, or physical evidence that was missed earlier can be key to seeking post-conviction relief (PCR). If the new evidence is strong enough to challenge the original conviction, it could lead to a new trial or even exoneration.

For example, DNA evidence that wasn’t available during the original investigation might show that someone was wrongfully convicted. In these cases, PCR is a crucial tool to right the wrong and give the accused a second chance.

 

2. Ineffective Assistance of Counsel

Everyone has the right to a lawyer who does a good job, and if someone’s attorney didn’t provide effective help, it could be a reason to ask for post-conviction relief. It’s shown that the lawyer didn’t do their job right and that it affected the case, the defendant might be able to get PCR.

Examples of ineffective assistance of counsel can include:

  • Not investigating important evidence
  • Using poor defense strategies
  • Not calling key witnesses
  • Failing to communicate properly with the defendant

If the attorney’s mistakes led to a conviction that wouldn’t have happened otherwise, the court may allow post-conviction relief.

 

3. Constitutional Violations

Sometimes, a conviction happens because the defendant’s constitutional rights were violated. This could include things like improper police actions, like illegal searches, or not giving the defendant a fair trial. Some common constitutional violations include:

  • Unlawful search or seizure: If evidence was taken illegally and used against the defendant, that could be a reason for PCR.
  • Right to remain silent: If the defendant’s Miranda rights were ignored, or they were forced into giving a confession, that could be grounds for post-conviction relief.
  • Juror misconduct: If a juror acted unfairly or behaved improperly during the trial, it might be a violation of the defendant’s right to a fair trial.

If it is shown that the defendant’s rights were violated during the trial, post-conviction relief can be used to fix the mistake.

 

4. Prosecutorial Misconduct

Prosecutorial misconduct is another reason someone might seek post-conviction relief. Prosecutors are supposed to seek justice, not just win cases, but sometimes they make mistakes, whether on purpose or by accident. Some examples of prosecutorial misconduct that could lead to PCR include:

  • Hiding evidence that could prove the defendant’s innocence
  • Using false or misleading evidence to get a conviction
  • Making improper comments during closing arguments
  • Not revealing conflicts of interest

When prosecutorial misconduct happens, it can affect the fairness of the trial and lead to an unfair conviction. In those cases, post-conviction relief might be needed to fix the situation.

 

5. Sentencing Errors

Sometimes, a defendant might be convicted but get the wrong sentence. This can happen if there’s a mistake in calculating their criminal history, applying the wrong sentencing rules, or figuring out if they’re eligible for things like parole or sentence reductions. In Florida, if a sentencing mistake is found after the conviction, PCR can be used to try to change or reduce the sentence.

For example, if someone was sentenced based on a law that’s later found unconstitutional, or if the court made a mistake in applying extra penalties, they might be able to challenge their sentence through post-conviction relief

 

Contact a Criminal Defense Lawyer

If you or a loved one is considering post-conviction relief, it’s crucial to work with an experienced criminal defense attorney. The legal process can be complex, and having a knowledgeable advocate who understands the ins and outs of PCR can make all the difference in obtaining a favorable outcome.

A post-conviction relief lawyer must have a strong understanding of the processes associated with post-conviction relief proceedings. Attorney Russell Spatz has experience on both sides of the aisle — as both prosecutor and now criminal defense attorney in Miami — and knows how to conduct effective investigations in the often short amount of time allotted for post-conviction relief proceedings. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.



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Jasa Backlink dari Pakar PBN: Solusi Terbaik untuk SEO dan Peningkatan Peringkat Website

Di era digital, memiliki peringkat tinggi di mesin pencari, terutama Google, sangat penting bagi bisnis, blog, atau situs web apa pun yang ingin mendapatkan lebih banyak pengunjung. Salah satu cara yang efektif untuk mencapai tujuan ini adalah melalui backlink yang berkualitas. Pakar PBN adalah penyedia layanan yang menawarkan jasa backlink profesional untuk membantu website Anda meningkatkan otoritas dan peringkat secara efektif di Google. Artikel ini akan mengulas secara lengkap mengenai jasa backlink dari Pakar PBN, keunggulan, jenis layanan yang ditawarkan, dan manfaatnya bagi situs web Anda.

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Apa Itu Pakar PBN?

Pakar PBN adalah penyedia layanan yang mengkhususkan diri dalam membangun backlink berkualitas tinggi melalui jaringan blog pribadi (Private Blog Network atau PBN) dan berbagai metode lainnya. Pakar PBN telah dikenal memiliki reputasi yang baik di dunia SEO dan jasa backlink karena menerapkan teknik-teknik yang sesuai dengan pedoman mesin pencari, sehingga backlink yang dihasilkan aman untuk jangka panjang.

Apa Itu Backlink dan Mengapa Penting?

Backlink adalah tautan dari situs lain yang mengarah ke situs web Anda. Mesin pencari seperti Google menganggap backlink sebagai “rekomendasi” atau “voting” untuk situs web Anda, sehingga semakin banyak backlink berkualitas yang Anda miliki, semakin tinggi kemungkinan situs Anda berada di peringkat atas hasil pencarian.

Namun, penting untuk dicatat bahwa tidak semua backlink sama. Backlink yang berkualitas tinggi berasal dari situs yang otoritatif dan relevan dengan topik situs Anda. Backlink ini memberikan nilai lebih bagi SEO dan membantu meningkatkan visibilitas situs Anda di mesin pencari. Inilah yang menjadi fokus utama Pakar PBN—membangun backlink berkualitas yang sesuai dengan kebutuhan situs web klien.

Layanan Jasa Backlink dari Pakar PBN

Pakar PBN menawarkan berbagai jasa backlink untuk berbagai kebutuhan, yang dirancang untuk membantu situs web dari berbagai industri dan niche. Berikut adalah beberapa layanan backlink unggulan yang ditawarkan oleh Pakar PBN:

  1. Backlink dari Private Blog Network (PBN)
    • Pakar PBN memiliki jaringan situs berkualitas tinggi yang dapat digunakan untuk memberikan backlink yang kuat dan aman kepada klien. Setiap situs dalam jaringan PBN ini dipilih dengan cermat berdasarkan kualitas dan relevansi. Sehingga backlink yang dihasilkan lebih efektif dalam membantu peringkat SEO.
  2. Backlink Kontekstual
    • Jasa backlink kontekstual memungkinkan situs Anda mendapatkan tautan dari artikel yang relevan. Pakar PBN akan membuat konten yang sesuai dengan niche atau topik situs Anda dan menyisipkan backlink di dalam teks artikel. Backlink kontekstual memiliki nilai SEO yang lebih baik karena berada dalam konteks yang relevan dan terlihat lebih alami bagi mesin pencari.
  3. Guest Post atau Artikel Tamu
    • Pakar PBN juga menyediakan layanan guest post. Di mana artikel yang memuat backlink menuju situs Anda dipublikasikan di situs web atau blog berkualitas tinggi. Guest post tidak hanya meningkatkan jumlah backlink tetapi juga memperluas jangkauan audiens Anda dan membangun kredibilitas brand di mata pengunjung.
  4. Backlink dari Situs Edukasi dan Pemerintahan (Edu & Gov)
    • Backlink dari situs dengan domain .edu dan .gov memiliki nilai otoritas yang tinggi. Pakar PBN memiliki akses ke situs-situs pendidikan dan pemerintahan tertentu yang memungkinkan Anda mendapatkan backlink berkualitas tinggi. Yang dapat memberikan dampak positif pada otoritas domain dan peringkat SEO situs Anda.
  5. Paket SEO Custom
    • Selain layanan di atas, Pakar PBN juga menyediakan paket SEO yang dapat disesuaikan dengan kebutuhan spesifik situs web Anda. Tim Pakar PBN akan melakukan analisis mendalam terlebih dahulu untuk menentukan strategi backlink yang paling efektif bagi situs Anda.

Cara Kerja Jasa Backlink dari Pakar PBN

  1. Analisis Awal Situs Klien
    • Tim Pakar PBN akan melakukan analisis terhadap situs Anda untuk memahami kebutuhan SEO. Kata kunci yang relevan, profil backlink yang sudah ada, serta mengevaluasi kompetitor. Analisis ini bertujuan untuk menentukan strategi backlink yang paling sesuai untuk situs Anda.
  2. Riset Kata Kunci dan Strategi Konten
    • Berdasarkan hasil analisis, Pakar PBN melakukan riset kata kunci dan merancang strategi konten yang relevan untuk backlink. Riset ini penting untuk memastikan bahwa backlink yang dihasilkan bisa membantu meningkatkan peringkat situs pada kata kunci yang tepat.
  3. Penempatan Backlink Berkualitas
    • Setelah menentukan strategi, Pakar PBN akan mulai menempatkan backlink di situs-situs berkualitas tinggi. Baik melalui PBN, guest post, maupun situs edukasi dan pemerintahan. Setiap backlink ditempatkan dalam konten yang relevan dan di situs yang memiliki otoritas tinggi untuk hasil yang lebih maksimal.
  4. Pengecekan dan Pemantauan Berkala
    • Pakar PBN akan memantau setiap backlink yang sudah ditempatkan untuk memastikan bahwa backlink tersebut aktif dan memberikan efek yang diharapkan. Selain itu, mereka juga menyediakan laporan berkala kepada klien untuk memberikan gambaran mengenai perkembangan SEO situs.

Keunggulan Jasa Backlink dari Pakar PBN

Pakar PBN memiliki beberapa keunggulan yang membuatnya menjadi salah satu penyedia jasa backlink terbaik di Indonesia:

  • Pengalaman dan Profesionalitas: Pakar PBN memiliki tim yang berpengalaman dan ahli di bidang SEO dan backlink. Sehingga Anda bisa mempercayakan pengembangan SEO situs Anda pada mereka.
  • Backlink Aman dan Natural: Setiap backlink yang dibangun oleh Pakar PBN dirancang untuk terlihat alami dan sesuai dengan aturan Google. Sehingga mengurangi risiko penalti.
  • Kualitas Terjamin: Pakar PBN bekerja sama dengan situs-situs berkualitas tinggi dan memiliki otoritas domain yang baik. Sehingga backlink yang dihasilkan memiliki nilai SEO yang tinggi.
  • Laporan Berkala: Pakar PBN menyediakan laporan berkala agar klien bisa memantau perkembangan SEO situs secara real-time.
  • Harga Kompetitif: Layanan backlink Pakar PBN ditawarkan dengan harga yang kompetitif dan sesuai dengan kualitas yang diberikan. Menjadikannya pilihan yang ideal untuk berbagai kalangan bisnis.

Manfaat Menggunakan Jasa Backlink dari Pakar PBN

Menggunakan jasa backlink dari Pakar PBN dapat memberikan berbagai manfaat berikut:

  1. Peningkatan Peringkat di Mesin Pencari: Backlink berkualitas tinggi dapat membantu situs Anda mendapatkan peringkat yang lebih baik di hasil pencarian Google, yang pada akhirnya meningkatkan traffic organik.
  2. Otoritas Domain yang Lebih Tinggi: Dengan banyaknya backlink dari situs berkualitas, otoritas domain situs Anda akan meningkat. Mesin pencari lebih cenderung mempercayai situs yang memiliki otoritas tinggi.
  3. Traffic yang Lebih Tinggi dan Relevan: Backlink yang ditempatkan di situs-situs relevan memungkinkan Anda menjangkau audiens yang sesuai dengan target pasar, sehingga kualitas traffic juga meningkat.
  4. Keamanan SEO Jangka Panjang: Pakar PBN menggunakan metode backlink yang aman, sehingga Anda tidak perlu khawatir akan risiko penalti dari Google.

Kesimpulan

Jasa backlink dari Pakar PBN adalah pilihan yang tepat bagi pemilik situs web yang ingin meningkatkan SEO dan peringkat di mesin pencari dengan cara yang aman dan efektif. Dengan berbagai jenis layanan backlink berkualitas tinggi dan pendekatan yang profesional. Pakar PBN mampu membantu situs Anda mencapai peringkat yang lebih tinggi, meningkatkan otoritas domain, dan menarik lebih banyak pengunjung. Apapun kebutuhan SEO Anda, Pakar PBN siap membantu mencapai tujuan dengan solusi backlink yang tepat dan berkualitas.

Jika Anda tertarik untuk menggunakan jasa backlink dari Pakar PBN. Kunjungi situs mereka untuk informasi lebih lanjut mengenai paket layanan yang tersedia.

Top 6 Mistakes to Avoid If You’re Accused of a Crime


When someone is accused of a crime, they often feel overwhelmed and intimidated, which can lead them to make common mistakes in criminal cases that may harm their legal process. It is essential to know what to do—and what not to do—if you’re accused of a crime.

 

1. Talking to the Police Without an Attorney

One of the most common mistakes people make is speaking to the police without a lawyer. It is very common for people to get nervous in these events, you may feel compelled to answer questions in an attempt to “clear things up,” but remember: anything you say can be used against you. Even innocent or offhand comments may be interpreted in ways that work against you. Politely tell the police you won’t be answering questions without your lawyer present.

Tip: If you’re asked to come to the police station for a “friendly chat,” this isn’t as informal as it sounds. Exercise your right to consult a lawyer before any discussion.

 

2. Not Taking Your Right to Remain Silent Seriously

Many people are tempted to explain their actions or defend themselves in these kinds of stressful situations. However, in Florida and nationwide, you have the constitutional right to remain silent. The less you say, the better. The prosecution can use your statements against you—even things you say out of frustration or confusion. Remaining silent until you have an attorney present will always work to your advantage.

 

3. Posting on Social Media

Remember everything you post on social media can become evidence. Photos, videos, check-ins, or comments might be interpreted in ways you never intended and could harm your case. It’s safest to avoid social media altogether if you’re facing criminal charges.

Tip: Ask friends and family members to avoid discussing your situation or tagging you in posts. This is especially important if you’ve been charged with crimes that may draw media attention.

 

4. Destroying or Concealing Evidence

Some people try to remove potential evidence from the scene or conceal certain items to avoid suspicion. However, tampering with or destroying evidence is a serious offense in itself and can result in additional charges. Even if you think something looks incriminating, refrain from interfering with it, and let your attorney review it first.

 

5. Ignoring Court Orders or Conditions of Release

In Florida, if you’re released on bail, you’ll likely have conditions to follow—like staying away from certain people or places. Ignoring these conditions can lead to your bail being revoked or additional charges, which can complicate your defense. Show the court that you’re taking the matter seriously by fully complying with all release conditions and court orders.

 

6. Choosing Not to Hire a Lawyer Right Away

Many people feel they can handle things alone or are hesitant about attorney fees. However, delaying hiring a criminal defense lawyer can result in missed opportunities to build a strong case from the beginning. An experienced attorney knows how to navigate the legal system, negotiate with the prosecution, and uncover evidence that could lead to a favorable outcome.

 

Contact a Criminal Defense Lawyer

Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial. 

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.



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Self-Defense Claims in Domestic Violence Cases


Being accused of a crime of domestic violence can be quite difficult to go through, especially when you believe you were acting in self-defense. In Florida, the law recognizes your right to defend yourself if you are in immediate danger, but proving a self-defense in domestic violence claim requires a strategic legal approach.

 

What Is Considered Self-Defense in Domestic Violence Cases?

Self-defense is when someone uses reasonable force to protect themselves from immediate danger. In Florida, the Stand Your Ground Law allows people to defend themselves in their own homes without having to retreat first. However, not every use of force is automatically justified under this law.

To successfully claim self-defense in a domestic violence case, you need to demonstrate:

  • You were facing an immediate threat of violence.

The threat must be immediate and real, not based on a future or hypothetical danger. For example, if your partner raised a fist or reached for a weapon and you defended yourself, you may be able to claim self-defense.

  • You used a reasonable amount of force to protect yourself.

The force you used must be proportional to the threat you faced. For example, if you were in danger of being physically harmed, you can use enough force to stop the attack, but using excessive force may complicate your defense.

  • You were not the initial aggressor.

Self-defense usually can’t be claimed if you provoked the altercation. However, if you were the initial aggressor but later withdrew from the situation and your partner continued to be violent, you may regain the right to self-defense.

 

The Challenges of Proving Self-Defense

Although self-defense is a legitimate legal defense, proving it in a domestic violence case can be challenging. These cases often involve conflicting accounts, and law enforcement may assume the person with more visible injuries is the victim. However, the reality is often much more complex.

Here are some common challenges you may face:

  • He Said/She Said Dynamic: Domestic violence cases often come down to one person’s word against another, so it’s essential to gather any evidence that supports your side of the story. This could include witness statements, medical reports, or records of past behavior patterns.
  • Evidence of Mutual Combat: If both parties were involved in the altercation, it can be harder to claim that you were purely acting in self-defense. However, this doesn’t mean your case is hopeless. It simply means your attorney will need to emphasize the moments when you were under threat and acted out of necessity.
  • No-Contact Orders: If a judge issues a no-contact order as part of your pre-trial conditions, it can be challenging to gather evidence or share your side of the story. Your attorney can help you navigate these restrictions while working on a strong defense.

How an Attorney Can Help Your Self-Defense Claim

If you’re facing domestic violence charges but believe you acted in self-defense, it’s crucial to have an experienced criminal defense attorney by your side.

  1. Gathering Evidence: I will help you collect and present evidence that supports your claim, whether it’s eyewitness testimony, text messages, medical records, or photos of your injuries.
  2. Challenging Prosecution’s Narrative: The prosecution may attempt to paint you as the aggressor. I will work to challenge their version of events, highlighting inconsistencies or gaps in their evidence.
  3. Explaining the Law: Florida’s self-defense laws are complex, and each case is unique. I will ensure you understand how the law applies to your situation and guide you through each step of the legal process.
  4. Advocating for Your Rights: In domestic violence cases, emotions run high. My role is to remain objective and fight for your rights, ensuring you receive a fair trial and the best possible defense.

Contact a Criminal Defense Attorney Today

Russell A. Spatz of the Spatz Law Firm, PL, in Miami has extensive experience defending those who have been accused of domestic abuse. He has more than 40 years of experience representing clients in complex criminal cases. Having worked as a prosecutor before opening his own practice, he not only knows the laws relevant to your case, but he also knows how the other side thinks. He is well-equipped to protect your rights and best interests through a serious domestic violence case.

Contact Russell at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.



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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 filed against an individual for simply trying to enjoy themselves in public, provided that it disrupts other people. A lifelong criminal record is a high price to pay for this.

Read below to find out more about disorderly conduct and failure to disperse, which are often connected offenses.

What is disorderly conduct in Maine?

In Maine, disorderly conduct is defined as “intentionally or recklessly” causing “annoyance to others” in public.

The offense must usually be committed in a public place (though there are exceptions) and be intentional or reckless for disorderly conduct charges to be successfully prosecuted.

Examples of disorderly conduct

The criminal statutes further define the types of behavior that can be prosecuted under Maine’s disorderly conduct laws:

  • Making loud and unreasonable noises
  • Activating a device, or exposing a substance, that releases noxious and offensive odors, or
  • Engaging in fighting (without being licensed or privileged to do so)

Sometimes, disorderly conduct charges are filed against individuals whether or not their behavior occurs in public or private places. Examples include:

  • Knowingly accosting, insulting, taunting, or challenging any person with offensive, derisive, or annoying words, or by gestures or other physical conduct.
  • Making loud and unreasonable noise that can be heard by another person after having been ordered by a law enforcement officer to cease the noise.
  • Knowingly accosting, insulting, taunting, or challenging any person in mourning and in attendance at a funeral, burial, or memorial service with unwanted, obtrusive communications, such as offensive, derisive, or annoying words, gestures, or other physical conduct.

What are the penalties for disorderly conduct in Maine?

Disorderly conduct is prosecuted as a Class E misdemeanor offense in Maine, which is the same classification as offenses such as operating on a suspended license and theft under $1,000.

Class E misdemeanor offenses are punishable by:

  • Up to 180 days in jail and
  • A maximum fine of $1,000

For a first offense, jail time should generally not be served and, depending on the precise circumstances, a seasoned criminal defense lawyer may be able to prevent a criminal record. It is generally advisable to discuss your situation with a lawyer as soon as you can after your arrest.

Is failure to disperse similar to disorderly conduct in Maine?

Several other misdemeanor crimes are often considered related to disorderly conduct in Maine. Unlawful assembly and failure to disperse are two of these related crimes.

Failure to disperse laws state that when six or more people are engaging in disorderly conduct that is likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate area to disperse. Knowingly failing to comply with this order to disperse is a criminal offense in Maine.

These laws frequently clash with the freedom of speech and freedom of assembly rights, which are essential elements of citizens’ constitutional rights under the First Amendment.

When large crowds congregate and law enforcement are pressured into making quick decisions, mistakes happen, and many people are wrongfully arrested and charged with failure to disperse.

Failure to disperse is considered a Class D misdemeanor under Maine law and, therefore, a more serious offense than disorderly conduct. A conviction for failure to disperse can result in up to 364 days in a county jail and a fine of up to $2,000.

If you are charged with failure to disperse, seek immediate legal advice from an experienced criminal defense attorney in Maine.

Example of failure to disperse in Maine

If activists join a climate change demonstration and march into Portland to protest, but law enforcement orders that the group of protesters must break up and go home, protestors who remain there and fail to return home may be arrested and charged with failure to disperse.

How can a lawyer help with disorderly conduct or failure to disperse charges in Maine?

Even though a charge of disorderly conduct can result from simply enjoying yourself or expressing your views, the result could still be a criminal charge and conviction. It is important to defend your legal and constitutional rights and not simply accept the charge.

A criminal defense lawyer experienced in defending such misdemeanors can prevent jail time and serious consequences for your future, which could include problems with employment, accommodation, immigration status, travel, and more.

The criminal justice system in Maine can also be bewildering if you are attempting to navigate it for the first time, especially if you try to do so alone.

Your criminal defense attorney may be able to negotiate with the District Attorney’s Office and present a strong argument that your actions were not intentional or that there were mitigating circumstances. One’s state of mind is an important consideration for the court in such cases, and it helps to have someone who knows the relevant laws inside out to advocate for you.

Your chances of leniency from the prosecution improve if you have a clean criminal record and you are represented by an experienced professional.

Your defense attorney will also hold law enforcement accountable if officers made any mistakes when arresting and charging you. If so, this can result in your release and a case dismissal.

Possible outcomes for disorderly conduct and failure to disperse charges in Maine

Disorderly conduct and failure to disperse charges can result in the following outcomes:

  • Case dismissal: the District Attorney dismisses the criminal charge in its entirety (the best possible outcome).
  • Plea arrangement: the defendant agrees to plead guilty to a lesser (or different) charge for a lighter sentence or less severe consequences.
  • Verdict: where a jury decides on the guilt or innocence of the defendant and a judge decides on the sentence if convicted.

Can disorderly conduct charges be expunged in Maine?

For Class E misdemeanors in Maine, it may be possible to apply for an expungement of the criminal record if the individual is under the age of 21.

With most other individuals a Class E misdemeanor conviction, it may be possible to apply for sealing of the record so that the information does not appear on standard background checks.

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

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The Impact of a Criminal Record on Employment


The impact of a criminal record on employment is significant, as employers often conduct criminal record searches as part of the hiring process, whether it’s a criminal record search in Miami-Dade County or Broward County. Any criminal history can raise concerns, but sometimes you have options. A criminal defense attorney may be able to help you expunge or seal your records.

 

How a Criminal Record Affects Employment

  • Background Checks: Many employers run criminal record checks to investigate individuals for criminal history. Depending on the severity of the crime, even a minor offense can lead to a denial of the job. A felony, in particular, is more likely to disqualify someone from positions that require a high level of trust or responsibility. This is true whether it’s a criminal record search in Florida or beyond.
  • Disqualification from Certain Jobs: Some industries such as healthcare, education, law enforcement, and finance, have strict rules that prevent individuals with certain types of criminal records from holding positions in those areas. Employers may be concerned about liability, workplace safety, or regulatory compliance, leading them to avoid hiring individuals with a criminal record.
  • Loss of Professional Licenses: For people in areas requiring professional licenses, such as doctors, nurses, or lawyers, a criminal record can result in the suspension or revocation of licenses, effectively ending careers.
  • Difficulty Getting Back to Work: Even for jobs that don’t have strict legal restrictions, many employers are hesitant to hire individuals whose criminal record shows on a criminal record check due to concerns about reliability, integrity, or perceived risk. As a result, people with a criminal record may find it difficult to reenter the workforce, facing longer job searches and fewer opportunities.

Legal Rights for Individuals with a Criminal Record

Despite the challenges, persons with a criminal record have legal protections when seeking employment. Here are some key legal rights:

  • “Ban the Box” Laws: These laws prevent employers from asking about criminal records on job applications. Instead, employers must wait until later in the hiring process, such as after a first interview or when a job offer is extended, to inquire about an applicant’s criminal record. Over 35 states in the U.S. have adopted “ban the box” laws, giving applicants a fairer chance to showcase their qualifications before being judged on their criminal record.
  • Equal Employment Opportunity Protections: The Equal Employment Opportunity Commission (EEOC) provides guidance that prohibits employers from using criminal records in a way that discriminates against certain racial or ethnic groups. Employers must demonstrate that any exclusion based on criminal history is job-related and consistent with business necessity. This means that blanket bans on hiring individuals with any criminal record can be challenged if they disproportionately impact certain groups.
  • Expungement and Sealing of Records: In some states, individuals with certain types of convictions may be eligible to have their criminal records sealed or expunged, which means they would not appear in most criminal record searches, including online criminal record searches. This can give individuals a second chance by allowing them to apply for jobs without disclosing their criminal history.
  • Fair Credit Reporting Act (FCRA): Under the FCRA, if an employer decides not to hire someone based on their criminal record search, they are required to notify the individual and provide a copy of the report. This gives applicants the opportunity to dispute any inaccuracies or outdated information.

How a Criminal Defense Lawyer Can Help

If you’ve been accused of a crime, a criminal defense attorney plays an important role in protecting your future, including your employment prospects. Here’s how:

  1. Negotiating Lesser Charges: If dismissal isn’t possible, your lawyer may reduce a felony to a misdemeanor or arrange alternative sentencing, which can have less impact on employment.
  2. Expungement and Sealing Records: Your attorney can help you expunge or seal your criminal record, keeping it out of criminal record searches, especially when employers conduct online criminal record checks.
  3. Advising on Your Rights: A lawyer can guide you through “ban the box” laws and help you understand your rights during the hiring process.
  4. Post-Conviction Relief: Even after a conviction, a lawyer can pursue appeals or modifications to reduce its impact on your employment.

Contact A Criminal Defense Attorney

Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial. Learn more about how Attorney Russell Spatz can help you by clicking this link.

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.



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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 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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