All posts by j3oph451b6

Facing criminal charges can be overwhelming, but being informed about your rights and the legal process can make a significant difference. 

The Fifth Amendment protects you from self-incrimination. If you’re arrested or questioned, you are not obligated to answer questions that could incriminate you. Politely inform the officers that you wish to remain silent and request legal representation.

2. Always Ask for an Attorney

Having a lawyer present during questioning can safeguard your rights. Do not attempt to explain or defend yourself without legal counsel. Anything you say can and will be used against you in court. A skilled attorney can guide you on what to say—and what not to.

3. Understand Search and Seizure Laws

The Fourth Amendment protects you from unlawful searches and seizures. If law enforcement wants to search your property, ask if they have a warrant. If they don’t, you are within your rights to refuse their request. Never physically obstruct an officer; simply state your refusal calmly and firmly.

4. Document Everything

Take note of details surrounding your arrest or interaction with law enforcement. Record dates, times, and the names of officers if possible. These details can be crucial in building your defense and identifying potential violations of your rights.

5. Avoid Discussing Your Case

Do not talk about your case with anyone other than your attorney. This includes friends, family, and especially social media. Even seemingly innocent statements can be misinterpreted and used against you in court.

6. Follow Your Attorney’s Advice

Your lawyer’s primary goal is to protect your interests. Whether it’s attending court dates, complying with legal obligations, or preparing for trial, trust their guidance and follow their instructions diligently.

In some cases, the prosecution may offer a plea deal. While this can sometimes be a beneficial option, it’s essential to weigh the pros and cons with your attorney before making any decisions. Accepting a plea deal means waiving certain rights, so it’s not a decision to be taken lightly.

8. Stay Calm and Cooperative

While it’s natural to feel anxious or frustrated, remaining calm and respectful can help your case. Aggression or resistance can lead to additional charges and harm your defense.

Contact a Criminal Defense Lawyer

Facing criminal charges is never easy, but understanding these essential tips can help you navigate the process with more confidence. 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.

Understanding the criminal justice system is not an easy task, especially when facing a criminal accusation. It’s crucial to know what to do and how to act from the very moment you are accused. Having a knowledgeable criminal defense attorney by your side from the start can make all the difference in the outcome of your case.

1. Protecting Your Rights from the Start

The moment you’re arrested or accused of a crime, your rights are at risk. Many people aren’t aware of the critical importance of their rights during the early stages of a case, especially when it comes to things like questioning by police, searches, or how evidence is collected. A criminal defense attorney can ensure that your rights are fully protected from the outset.

2. Early Investigation and Evidence Preservation

One of the most important aspects of building a strong defense is gathering evidence. By hiring an attorney early, you allow them to begin their own independent investigation, potentially uncovering crucial evidence that could help prove your innocence or reduce charges. Evidence can be lost, altered, or overlooked as time passes, so quick action is essential.

Your attorney can:

• Interview witnesses before their memories fade.
• Review police reports, surveillance footage, or other critical documents.
• Investigate possible alternative theories to the prosecution’s case.

This early intervention can provide a strong foundation for your defense, making it easier to challenge the prosecution’s case later on.

3. Navigating the Legal Process with Expertise

The criminal justice system is complex, with a variety of procedures and legal requirements that must be met. Without an attorney, you may struggle to understand what is happening at each stage of your case. The timeline of events—from arraignment to pretrial motions to trial—can be overwhelming.

Hiring a criminal defense attorney early ensures that:

• You are informed about the process and your legal rights.
• All legal deadlines are met, avoiding potential mistakes or oversights that could negatively affect your case.
• You have someone who can negotiate on your behalf, potentially reaching a plea agreement before the case goes to trial.

An experienced criminal defense lawyer is familiar with the nuances of the legal process in Miami, and they know how to use procedural rules to your advantage.

4. Reducing Stress and Anxiety

The stress and uncertainty of being involved in a criminal case can be overwhelming. The longer you wait to hire an attorney, the longer you have to carry that burden without proper guidance. A criminal defense attorney can provide clarity, guidance, and reassurance throughout the entire process.

Knowing that you have someone on your side who is dedicated to protecting your best interests can significantly reduce the emotional toll of a criminal case. You’ll have an advocate who will help ease your concerns and ensure that you understand what’s going on at each stage.

5. Increasing Your Chances of a Favorable Outcome

By hiring a criminal defense attorney early, you significantly increase your chances of a favorable outcome. Experienced attorneys understand the tactics that prosecutors use and know how to strategically navigate the system to achieve the best result for you, whether that means having the charges reduced, seeking a dismissal, or achieving a not-guilty verdict at trial.

Additionally, your attorney can explore alternatives to incarceration, such as probation, diversion programs, or rehabilitation, and advocate for those options in the early stages of the case.

6. Avoiding Mistakes That Can Be Hard to Reverse

Criminal cases can move quickly, and once certain actions are taken, they may be irreversible. For example, if you say something to the police without the presence of a lawyer, it may be used against you in court, and it can be difficult to undo the damage. Similarly, the way evidence is handled, or even your initial plea, can have long-term effects.

An attorney who is involved from the beginning can help avoid these mistakes, ensuring that your rights are protected every step of the way.

If you or someone you know is facing criminal charges in Miami, don’t wait to seek legal help. The earlier you hire a criminal defense attorney, the better your chances of navigating the criminal justice system successfully. From protecting your rights to building a strong defense and ensuring a smoother legal process, early representation can make all the difference.

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.

We all know Miami as the perfect city for parties and celebrations, and fireworks are often at the center of the festivities. Whether it’s New Year’s Eve, the Fourth of July, or even cultural events like Christmas Eve, fireworks light up the Miami skies with vibrant bursts of color.

However, the excitement can sometimes lead to legal trouble, with noise complaints, holiday arrests in Miami, and fireworks-related offenses becoming common during the holiday season.

Common Holiday-Related Offenses

1. Illegal Fireworks Usage

While many fireworks are legal in Florida, the laws can be confusing. Floridians can purchase fireworks under the guise of agricultural use, but using them for recreational purposes is technically prohibited. This legal gray area often leads to fines or arrests, especially if the fireworks cause property damage or injury.

What to Know:

• Only “sparklers” and smaller items like fountains are legal for general use.
• Igniting large fireworks in residential neighborhoods can result in citations or arrests.

2. Noise Complaints

Holidays often mean late-night parties, loud music, and booming fireworks, which can prompt neighbors to call the police. Noise complaints are particularly common in densely populated areas like Brickell, Wynwood, and South Beach.

Potential Consequences:

• Being cited for violating local noise ordinances.
• Escalation into charges like disturbing the peace or disorderly conduct.

3. Reckless or Unsafe Fireworks Handling

Improper use of fireworks can result in injuries or fires, leading to charges like reckless endangerment or criminal mischief. For instance, if fireworks damage a neighbor’s property, the user could be held liable both legally and financially.

What To Do if You’re Arrested for a Fireworks or Noise-Related Offense

Holiday-related arrests can feel overwhelming, but knowing your rights and next steps can help you navigate the situation effectively.

Stay Calm and Cooperative

Always remain polite and calm during interactions with law enforcement. Resisting or arguing could escalate the situation and lead to additional charges.

Understand the Charges

Offenses related to fireworks or noise are often misdemeanors, but certain situations—like causing injury or property damage—can result in more serious charges. An experienced attorney can help you understand the nature of your charges and possible defenses.

Protect Your Rights

Contact a Criminal Defense Lawyer

If you’re arrested for a fireworks-related or noise complaint offense, hiring an experienced Miami criminal defense attorney is critical. If you or a loved one face charges related to fireworks or noise complaints, we’re here to help. Contact our office and let us guide you through the legal process so you can focus on enjoying the holidays worry-free.

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.

Since Maine became the first state to pass workplace harassment laws in 1991, all employers with more than 15 employees have been required to provide sexual harassment training to their employees.

Harassment in the workplace is only one form of harassment though, and there is still widespread confusion about what constitutes harassment and how it differs from abuse.

Many people are also unaware of the consequences of breaching harassment laws, what you can do if you’re the victim of harassment, and what to do if you’ve been accused of harassment or abuse.

Here’s what you need to know about sexual harassment and other forms of harassment and abuse in Maine—both in the workplace and beyond.

What is harassment in Maine?

First, let’s consider the difference between harassment, as laid out in the Maine Criminal Code: Title 17-A, §506-A, and abuse. Both are considered types of harassing conduct but there are some important differences.

In Maine, harassment is defined as three or more acts of confrontation, intimidation, physical force, or the threat of physical force.

To be considered harassment, these acts must:

• Be directed against any person, business or family
• Intend to harass, torment, intimidate, or cause fear
• Cause fear, intimidation, or threaten another person

Certain acts may be considered harassment if they occur only once but violate other laws that protect civil and constitutional rights. Examples include stalking or aggravated assault.

What is abuse?

Abuse is defined as any of the following types of acts in Maine:

• Attempting to cause (or causing) bodily injury, offensive physical contact or sexual assault.
• Harassing, tormenting, or threatening another individual with the intent to place them (or placing them) in fear of bodily injury or death.
• Knowingly restricting the movement of another person without consent or lawful authority.
• Repeatedly following someone, or being near (or at) their home, school, business, or place of work, without any reasonable cause.
• Distributing certain private images of someone without their authorization.
• Sex trafficking.

If these acts are committed against another household member, family member, or dating partner, they may be considered domestic abuse in Maine.

Protection from harassment laws in Maine

If an individual in Maine claims that he/she is being harassed, an application can be made to the court for protection against the alleged harasser or abuser.

If successful, a protection order can be issued by a judge aimed at preventing further harassment or abuse—while a criminal case against the alleged perpetrator may be launched.

Depending on the circumstances, a protection from harassment or protection from abuse order may be issued by the courts. Let’s take a closer look at both…

Protection from harassment orders

Protection from harassment orders protect individuals against harassment from alleged offenders with whom there is no previous personal relationship. This can be anyone from a stalker to a work colleague.

In the workplace, it is illegal under Maine’s human rights laws to harass someone based on race, color, religion, sex, sexual orientation, disability, or certain other protected classes.

In these cases, if the accuser has no personal relationship with the alleged offender, he/she can request a protection from harassment order be issued by the court.

Protection from abuse order

To successfully apply for a protection from abuse order, the accuser must generally have a prior personal relationship with the alleged offender.

Such orders are often sought in domestic abuse cases, where a family or other household member (or dating partner) seeks protection from the court.

However, in cases involving sexual assault, stalking, sex trafficking, or distribution of private images, a protection from abuse order may be issued without a prior relationship with the alleged abuser existing.

Elderly, dependent, or incapacitated adults can also seek protection from abuse orders against unpaid care providers.

Penalties for harassment offenses in Maine

Anyone accused of criminal harassment in Maine faces severe penalties. The severity of the penalties depends on the nature of the alleged offense.

A conviction for harassment is only possible if the accused individual continues the harassing behavior without any reasonable cause after a complaint is submitted and he/she has been warned to stop the behavior by an authorized law enforcement officer.

However, other charges may need to be defended if other allegations are made against the individual. It is not necessary for a protection order to have been issued for criminal charges to be filed against an individual accused of harassment.

Following are the three levels of crime associated with harassment in Maine:

• Class E crime: The least severe form of harassment is treated as a Class E criminal offense in Maine, which can result in up to six months in jail and a maximum fine of $1,000.
• Class D crime: The highest level of misdemeanor charge in Maine, resulting in a potential one year in jail and a maximum fine of $2,000.
• Class C crime: The lowest level of felony offense in Maine, applicable if the accused has at least two prior convictions for harassing acts against the same victim or the victim’s immediate family at the time of the complaint. The potential penalties include up to five years in prison and a maximum fine of $5,000.

Workplace harassment laws in Maine

If the harassing behavior occurs in a place of employment, it may be considered workplace harassment. This can be in the form of workplace discrimination or offensive behavior based on race, sex (including sexual orientation), disability, age, religion, whistleblower activity, or marital status.

Examples include offensive jokes, objects, or pictures, name-calling, physical assaults, and threats.

Such behaviors violate Maine policy and can be subject to criminal investigations or civil lawsuits.

Sexual harassment

Unwelcome sexual advances in the workplace are considered sexual harassment under Maine Human Rights Law.

This includes any non-consensual physical or verbal conduct and requests for sexual favors as a condition of employment. Any inappropriate touching, leering, sexual gestures, or sexually suggestive comments are also considered sexual harassment and may even constitute sexual assault.

If the harassed individual rejects the advances and suffers workplace punishments in the form of schedule changes, withdrawal of permissions, or loss of employee benefits/career advancement opportunities, a claim for sexual harassment against the employer may result.

Hostile work environment

If, as a result of harassment, the workplace becomes hostile, intimidating, offensive, or unfriendly to the individual concerned, this can also lead to a case involving harassment in the workplace.

This includes behavior beyond sexual harassment and may relate to threatening or intimidating behavior based on race, color, religion, disability, age, sexual orientation, disability, genetic pre-disposition, ancestry, or national origin—all of which are protected classes under Maine Human Rights law.

The source of the hostile work environment may be someone with authority such as management or supervisors, but can also come from coworkers or even clients.

Any individual accused of harassment should seek legal advice as soon as possible. Understanding your legal options and taking the correct next steps are critical to the outcome of your case.

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

Blog Posts

Any failure to appear in Maine will be treated harshly by the justice system because it is a direct breach of a court order.

Ultimately, if you have been accused of a crime and receive notice of a scheduled court appearance, be sure to attend court on the specified day and time or you could face additional felony criminal charges and penalties.

What is considered failure to appear?

Failure to appear is the crime of failing to attend a court-ordered hearing at the court.

After a suspect is accused of a crime, several court appointments may be necessary. These appointments can range from a summons or arraignment through the trial and, if necessary, sentencing.

Defendants who hire criminal defense lawyers are less likely to miss these appointments. Lawyers will inform defendants of any court dates that are mandatory to attend. If a suspect does fail to appear, a criminal defense lawyer can often mitigate the consequences.

The court usually issues a bench warrant for the defendant’s arrest in failure to appear cases, creating another legal issue to address. If the accused encounters law enforcement, he or she must be arrested and brought to jail.

In these situations, the prosecutor may push for the harshest possible penalties for the original crime for which you were arrested—and the judge is unlikely to act leniently if you have already breached a court-ordered appearance notice.

Defendants may find that their bail applications are less likely to succeed and they must remain in jail until their case is resolved. This is because the purpose of bail is to ensure that a defendant will attend court. It can be challenging to convince a judge that you should be released when you have already demonstrated a propensity to disobey orders.

What is the penalty for failure to appear in Maine?

Failure to appear is a crime in itself and can lead to penalties in addition to the original crime for which the defendant was arrested.

The offense is one of the easiest for the prosecution to prove and is difficult to defend. Failure to appear is also a strict liability crime, which means that defendants are guilty if they commit the act, regardless of their mental state or intent at the time.

Under the Maine Criminal Code, the following applies:

“A defendant who has been admitted to either preconviction or postconviction bail and who, in fact, fails to appear as required is guilty of:

• A Class E crime if the underlying crime was punishable by a maximum period of imprisonment of less than one year; or
• A Class C crime if the underlying crime was punishable by a maximum period of imprisonment of one year or more.”

Class E crimes are the lowest form of misdemeanor in Maine and can result in the following penalties:

• Up to six months in jail
• A $1,000 fine

Class C crimes are felonies, which carry particularly harsh penalties, as follows:

• Up to five years in prison
• A $5,000 fine

The ongoing consequences of a permanent criminal record can also impact individuals well after the criminal penalties are served. Depending on the nature of the conviction, employment, housing, education, travel, immigration status, voting rights, gun ownership, and more may be affected.

How to resolve a warrant in Maine if you fail to appear in court

If you fail to appear in court in Maine, a warrant will be issued for your arrest. Rather than essentially being “on the run” from law enforcement, it’s best to try to resolve the warrant by having it withdrawn. This will, at least, show the court that you don’t want to be considered a fugitive from justice.

To resolve a warrant for failure to appear in Maine, there are four main steps:

1. Contact the court clerk
2. Explain your reason for missing the court date
3. Request to appear before the judge to have the warrant recalled
4. Appear before the judge (ideally with your criminal defense lawyer)

It’s advisable to consult with an experienced criminal attorney before attending court. Your lawyer can advise you about the available reasons to best explain your absence at the court hearing and how to approach the court clerk.

Valid reasons might be illness or a scheduling conflict—but few appointments will be considered more important than a court date. You’ll also need to provide supporting documentation for the reason you missed court, such as a medical note, so be careful what you say to the clerk and the judge. In some cases, it’s best to “own up” to a forgetful mind or a genuine misunderstanding.

As you explain the situation about the hearing date to the clerk, ask about the next steps to resolve the warrant. Normally, you will need to schedule another date to appear before a judge to discuss the warrant and your reasons for missing the previous court date.

With a criminal defense lawyer by your side, the process is less intimidating. There may also be legal rights and options that you have not considered. Your lawyer can advise you on the best steps to take and how to present your case to the court most effectively.

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

Blog Posts

This holiday season, while celebrating with loved ones and enjoying Miami’s nightlife, remember that DUI arrests tend to increase due to more law enforcement patrols and checkpoints. If you’re arrested for DUI after a holiday event, knowing the right steps to take can help protect your rights and future.

1. Stay Calm and Cooperate

Being arrested is a stressful experience, but remaining calm is crucial. Avoid fighting or resisting the officers, as this could lead you to additional charges.

2. Understand Your Rights

Under Florida law, you have specific rights during and after a DUI arrest:

• Right to Remain Silent: Remember anything you say can be used against you. It’s best to limit your conversation with officers to basic identifying information.
• Right to an Attorney: You are entitled to legal representation. Request an attorney as soon as possible.

3. Take Note of the Arrest Details

There are several key points that, if you have the opportunity, you should write down and keep on hand, such as:

• The location and time of the stop.
• Whether you were read your Miranda rights.
• The behavior of the arresting officers.
• Any statements you made or actions you took during the stop.

These details can be crucial in building your defense.

4. Secure Legal Representation Immediately

One of the most important steps you can take is contacting an experienced Miami DUI attorney as soon as possible. A skilled lawyer can:

• Review the evidence against you, including the results of sobriety tests.
• Investigate whether the stop and arrest followed legal procedures.
• Develop a defense strategy tailored to your situation.

5. Act Quickly to Protect Your Driver’s License

In Florida, you only have 10 days from the date of your arrest to request a formal review hearing to contest the suspension of your driver’s license. Failing to act within this timeframe may result in losing your driving privileges for an extended period.

6. Plan for Your Defense

DUI charges can carry severe penalties, including fines, license suspension, mandatory classes, and even jail time. Your attorney can explore various defense strategies, such as:

• Challenging the validity of the traffic stop.
• Questioning the accuracy of the breathalyzer or field sobriety test results.
• Identifying procedural errors made during the arrest.

7. Stay Proactive Throughout the Legal Process

While your attorney will handle the complexities of your case, staying informed and proactive can benefit your defense. Attend all court dates, complete any recommended classes or evaluations, and avoid further legal issues during this time.

Why Acting Quickly Matters

A DUI arrest during the holidays can be overwhelming, but taking quick and smart action can make a big difference in your case. With Miami’s lively holiday scene, DUI cases here often have some unique twists that need a lawyer who knows the local scene.

If you find yourself facing legal issues related to a DUI checkpoint, consulting with a knowledgeable criminal law attorney is crucial to protect your rights and build a strong defense. Remember, responsible choices on the road benefit everyone, making the holiday season safer and more enjoyable for all.

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.

Did you know that it is a criminal offense to refuse to submit to a chemical test if lawfully requested to do so by a police officer at an OUI stop in Maine?

If convicted, the criminal justice system will treat you even more harshly than it would a standard OUI offender.

However, like with any OUI, the charge can be challenged and may be successfully fought with the right legal help from seasoned OUI lawyers. Here’s what you need to know about beating an OUI refusal in Maine.

What is the implied consent law?

A driver’s license is considered a privilege and not a constitutional right in Maine. As such, it is provided (and can be withdrawn) by the State.

When it comes to Maine OUI laws, anyone who holds a driver’s license in the state must provide a chemical sample for testing upon the request of a law enforcement official, provided the officer has probable cause to believe that the suspect is operating a motor vehicle while under the influence of an intoxicant.

The chemical sample requested could be breath, blood, or urine and the sample requested may depend on whether the officer believes the impairment is from alcohol, drugs, or a combination of the two.

The key to these cases is often whether or not the officer has “probable cause” to order the test. This means there must be a “reasonable belief” that the driver is impaired. Dangerous or erratic driving are good examples of probable cause for OUI stops.

How long is a license suspension for an OUI refusal?

A driver accused of an OUI refusal faces an automatic license suspension by the Maine Bureau of Motor Vehicles (BMV). This is an administrative suspension, the length of which depends on whether it is a first or subsequent offense:

• A first-offense refusal results in a BMV suspension for 275 days.
• A second refusal within 10 years results in a BMV suspension of two years.
• A third refusal within 10 years results in a BMV suspension of four years.
• A fourth refusal within 10 years results in a BMV suspension of six years.

Remember, these suspensions are administrative, meaning that no court action is necessary. If the case goes to court, a conviction will result in another court-imposed license suspension that must be served consecutively after the BMV suspension—plus higher mandatory fines and longer jail time than in standard OUI cases.

Such license suspensions get no relief, meaning that the full suspension must be served unless it is successfully challenged. Work-restricted licenses or Ignition Interlock Device (IID) programs are not available under OUI refusal license suspensions.

Drivers who refuse to provide a sample are, therefore, even more harshly treated than those convicted of OUI. In effect, an OUI refusal is treated more like an aggravated OUI offense than a standard OUI.

Can an OUI refusal be contested in Maine?

In many cases, successfully fighting a Maine OUI criminal charge requires appearances before both the Bureau of Motor Vehicles and the criminal courts in Maine. Winning a case at the BMV can help the outcome of the criminal case, though they are treated separately.

Requesting a BMV hearing on the administrative suspension is the first step to beating an OUI refusal charge. Your OUI lawyer can assist with this as soon as the charge has been filed, with a deadline of 10 days from the effective date of the suspension to request the hearing.

Once the request for a hearing has been filed with the BMV, a stay (postponement) of the license suspension will come into effect until the administrative hearing is concluded.

The BMV hearing for an OUI refusal

The standard of proof at the criminal courts (“beyond a reasonable doubt”) is much higher than at the BMV hearing, which uses the “preponderance of the evidence” standard. This latter standard means that it is more likely than not that something occurred. This is designed to make it easier for the State to win cases.

The hearing is a “free deposition” of the arresting officer in front of a Hearings Examiner. Often, the officer is the only witness present. Probable cause and the accusation of impairment come from the officer’s opinion rather than any empirical evidence.

How can an OUI refusal lawyer help you?

Overturning the suspension is challenging but more likely with a seasoned OUI lawyer at your side. Your lawyer will attempt to convince the Examiner that the preponderance of evidence suggests that the account of the police officer is incorrect.

Winning administrative hearings is tough because the odds are stacked against drivers. Even if the administrative case is lost, attending a hearing, having your OUI lawyer cross-examine the police officer, and understanding the evidence against you can help with the preparation of the defense in a criminal case.

It should be remembered that the testimony from the arresting officer can later result in an OUI conviction—and a permanent criminal record—even without any results from a chemical test.

The Hearings Examiner at the BMV hearing will need to consider whether the law enforcement officer had “probable cause” or a “reasonable belief” that the accused:

• Was operating a motor vehicle while under the influence of intoxicants.
• Was informed of the consequences of failing to submit to a test.
• Failed to submit to a test.

If there is enough doubt in the Examiner’s mind about any of these elements, the suspension may be rescinded, saving the accused a minimum 275-day license suspension. However, this  won’t stop the criminal proceedings.

Why should you fight an OUI BMV suspension?

The most obvious reason for fighting an OUI suspension is to prevent your license from being automatically suspended for a minimum of 275 days.

However, there are other reasons. Winning the BMV hearing does not mean that the criminal case will be thrown out. The harsh consequences of an OUI refusal conviction—and the permanent criminal record—mean that you should do everything possible to provide an advantage in the criminal case before a judge.

For a first OUI refusal conviction, offenders are looking at a minimum penalty of an additional 90-day license suspension, 96 hours in jail, and a $500 fine. These minimum penalties increase greatly for subsequent convictions within 10 years.

Avoiding these penalties and the longer-term consequences of a criminal record, such as issues with employment, education, housing, travel, insurance, and immigration, should be a priority for those accused of an OUI refusal.

Requesting a BMV hearing can uncover valuable details and evidence for the criminal case. Your OUI lawyer will be looking for every detail possible to identify weaknesses in the prosecution’s case and assist your defense.

Another reason for fighting the BMV automatic license suspension is that all BMV administrative suspensions appear on your driving record and are considered “prior” OUI offenses. So even if you are found not guilty at the Criminal Court, but the BMV suspended your driver’s license, this administrative suspension can be counted as a “prior” offense if you are charged with OUI again.

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

Blog Posts

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.

Blog Posts

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.

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.

Blog Posts

Any criminal charge for a drug-related offense is a serious matter in Maine,but how consequential the outcomes can get may depend on whether the charge is filed at the state[…]

Search and seizure rules are enshrined in the U.S. Constitution and are intended to discourage the government (and law enforcement officials) from overstepping their powers and invading people’s privacy. They[…]

Updated April 20th, 2023 When most people think of “drug crimes,” they automatically assume the worst types of drugs. Heroin. Cocaine. LSD. But the word “drugs” also includes lots of[…]

Maine Habitual Offender Revocation Laws Updated for 2022 You probably know that if the Maine Bureau of Motor Vehicles (BMV) sends you a notice that says you’re classified as a[…]

The State of Maine takes drunk driving and drugged driving (OUI) very seriously. Based on statistical and anecdotal evidence, there are many reasons to believe that driving under the influence[…]

In this post, we will survey Maine’s laws on the possession and trafficking of “scheduled drugs,” and then discuss the classification and possible punishments for drug related crimes. Drug crimes[…]

When people hear the term “drug trafficking,” they tend to think of organized crime. Many Hollywood films feature stories of drug cartels, or mafia drug trafficking involving millions of dollars[…]

A recent traffic stop in Maine bears a sharp resemblance to a traffic stop that the Supreme Court of the United States had decided was a violation of the Fourth[…]

One of the most polarized and confusing aspects of the American criminal justice system today has to do with marijuana. In the past 20 years alone, 28 states in the[…]

While policy decisions from the White House have been vague or difficult to follow, the new statement on the enforcement of federal drug laws is pretty clear: The Department of[…]

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.