Edmund R. Folsom’s Answers

Edmund R. Folsom

Biddeford Criminal Defense Attorney.

Contributor Level 10
  1. I was wondering for first oui would I have to take the deep course,with a clean record other wise?

    Answered almost 2 years ago.

    1. Edmund R. Folsom
    2. Alexander M. Ivakhnenko
    3. Wayne Rodgers Foote
    3 lawyer answers

    If you are suspended, either administratively for operating with an excessive alcohol level or in court upon conviction for OUI, you will be required to meet DEEP requirements. A person may satisfy DEEP requirements either through the weekend course (and potentially referred follow-up counseling) or through individual counseling in what is called Completion of Treatment, but one way or the other a person’s license will not be reinstated unless those requirements have been met. If you were...

    6 lawyers agreed with this answer

  2. I was wonderind for a first oui offence with no aggravating factors What the law is for that? and will I have to take a schoolin

    Answered almost 2 years ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    3. Jasen Bodie Nielsen
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    A first offense OUI with a test result less than .15% and no other aggravating factors, carries a mandatory minimum $500.00 fine (plus surcharges, for total of $640.00) and a 90-day suspension of license/right to operate. The fine may be higher, as the maximum fine for the offense is $2,000.00. There is a separate and entirely independent suspension process that takes place through the BMV. In that process, the person is to be suspended if it is established by a preponderance of the...

    5 lawyers agreed with this answer

  3. Is it possible for legal drugs (Librium) in one's system and/or liver impairment to effect BAC test and make it look higher?

    Answered 6 months ago.

    1. Edmund R. Folsom
    2. Chris A Nielsen
    2 lawyer answers

    This question is better directed to a DUI attorney in Florida, rather than appearing here as a question involving criminal defense/OUI defense under Maine law. The bottom line on the blood alcohol level is that Librium will not have made it appear that there was alcohol in your relative's blood that was not actually there. As to the possibility that your relative was impaired by Librium more than alcohol, I suspect Florida law is like Maine law in defining the state of being under the...

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  4. Since a passenger cant fight a search of a car, can the passenger fight the stop.in a motion to suppress evidence(guns)

    Answered almost 2 years ago.

    1. Edmund R. Folsom
    2. John Leif Fossum
    3. Joshua Sachs
    3 lawyer answers

    I agree with the other attorneys who have told you not to do this on your own. The short answer to your direct question is that a passenger can contest the initial stop of a car as an unreasonable seizure of his person. A motion to suppress contesting an unlawful stop can save the passenger from facing consequences for what was found in the car as a result of the illegal stop. You apparently realize that a passenger may have problems contesting the seizure of certain itemse seized from a...

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  5. What are the consequences of petty theft misdemeanor, first offense?

    Answered almost 2 years ago.

    1. Edmund R. Folsom
    2. Robert Laurens Driessen
    3. David Mark Wallin
    4. Jennifer Diem-Trang Le
    5. Craig Allen Renetzky
    6. ···
    6 lawyer answers

    I wish nobody on here said they stole something, because this is a very public forum. It's enough to say that you have been acccused of stealing something at J.C. Penney. As other counsel have pointed out, the crime you are charged with is a crime of moral turpitude. Even if you were a U.S. citizen you'd be well advised to do everything possible to avoid a theft conviction. And you have complications that a U.S. citizen does not. You have to draw on whatever resources are available to...

    5 lawyers agreed with this answer

  6. A home was recently raided for sex trafficking. My car was likely observed there a few months ago. What happens now?

    Answered 5 months ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    3. Jennifer J Wirsching
    3 lawyer answers

    This is a public site. You have posted way more detail than you should have. Call an attorney on Monday and discuss your circumstance in a setting of attorney-client privilege. In the meantime, keep the rest of it to yourself.

    3 lawyers agreed with this answer

  7. Were my OAS and leaving the scene charges dropped?

    Answered 11 months ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    2 lawyer answers

    All the clerk can tell you is what the clerk has of record at this point for the purpose of assigning a docket number for your case. The actual charges that will be brought under that case docket number will be brought by an Assistant D.A. after he or she reviews the police reports. It's almost certain that the police reports will describe the facts that caused the officer to summons you for leaving the scene and OAS in the first place. You should therefore expect to face arraignment on a...

    3 lawyers agreed with this answer

  8. Im 18 and was given a summons for consumption of alcohol is there any chance they will throw my case out?

    Answered about 1 year ago.

    1. Edmund R. Folsom
    2. Luke S Rioux
    3. Derek Anthony Patrin
    3 lawyer answers

    It looks like the officer described the charge as possession of alcohol by a minor in your summons. In this context, "minor" means a person under age 21, so there is no error. If the officer issued you a juvenile summons, that would be an error, but there is no error in issuing an ordinary, non-juvenile summons to an 18-year old for a charge of possession of alcohol by a minor. One of the ways this offense can be committed is by possessing alcohol by consuming it, which appears to be the...

    3 lawyers agreed with this answer

  9. Can an officer add charges to an existing summons?

    Answered about 1 year ago.

    1. Edmund R. Folsom
    2. Christopher Irvin Simser
    3. Ethan Patrick Meaney
    3 lawyer answers

    An officer might secure a search warrant, obtain the results of your hospital blood work and issue you another summons for OUI. It doesn't really matter whether the officer summonses you for an additional charge of OUI, though, because the D.A. is the one who makes the decision what charges to bring by complaint or by indictment. You might not be summonsed for OUI, only to discover on your arraignment day that the D.A. has chosen to bring that charge. The issues you raise regarding chain of...

    3 lawyers agreed with this answer

  10. How can I get legal counsel for a disorderly conduct case in which I plead non guilty.

    Answered over 1 year ago.

    1. Edmund R. Folsom
    2. Jeremy Pratt
    2 lawyer answers

    If the court told you that you cannot have court appointed counsel, that is because either: (1) the D.A.'s represented to the court that you do not face a risk of jail if convicted, or (2) the D.A.'s said there is a risk of jail upon conviction, but you filled out a financial affidavit and were determined not to be indigent. In either case, you will need to hire an attorney to represent you, because the court is not obligated to appoint one for you.

    3 lawyers agreed with this answer

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