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Edmund R. Folsom
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Edmund Folsom’s Answers

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  • Two oas within one month. Maine. Advice needed. Looking for advice,hire a lawyer?

    21 male with no criminal history,a couple minor speeding tickets and one oas from the past. A few years ago I was given a court date that I never received any notice for,leading to a suspened license and being arrested one night after being pull...

    Edmund’s Answer

    It looks like you are headed for habitual offender status if you are convicted of the two pending OAS charges. You sorely need to try to avoid conviction of at least one of them.

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  • If charges have not been filed with the DA and someone drops the charges with the PD can they decide to change their mind?

    Reason I ask is that a neighbor came to my door with malicious intent and instigated an altercation with me after I had asked her to leave my door twice. She was nose to nose with me and saying "hit me hit me hit me" while spitting on my face, I s...

    Edmund’s Answer

    People are often confused thinking that an alleged victim controls whether charges are "dropped" or pursued. Alleged victims do not control that decision. It is possible that the police turned the case over to the D.A. for a complaint and the D.A. decided not to pursue charges. If that was the D.A.'s decision, the chances are that decision isn't going to change whether your upstairs neighbor wants charges pursued or not. Your immediate problem, though, is that you were summonsed to appear in court, and if the D.A. does file a complaint against you and you don't show up, a warrant will issue for you. If you call the court and they tell you the D.A. issued a "no complaint," you know you are safe not to attend your arraignment. But if you call the clerk and they say there is nothing filed yet, you should either go to court on the arraignment date or have an attorney enter an appearance and not guilty plea for you, to be sure you don't end up with a warrant for your arrest for failure to appear.

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  • Can i be extradited from maine to massachusetts on a bench warrant for driving under the influence of prescription drugs?

    Went to arraignment in massachsetts for driving under the influence of prescription drugs, 6 years ago.

    Edmund’s Answer

    Massachusetts can certainly pursue extradition if they choose.

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  • Can a judge overrule the terms of a DUI plea offer?

    First offense DUI in Maine. BAC .13, no aggravating factors. Not facing jail time. DA offered to reduce charge to DTE provided I complete 48 hour ASP, which I would have to pay to do and hesitant to because of sleep, physical issues that may limit...

    Edmund’s Answer

    The way you ask this question makes me think you have an attorney who has negotiated a DTE plea for you involving ASP. You seem to want your attorney to ask the judge to sentence you on the DTE charge but not impose a jail sentence that may be served in an ASP. The way the system works, D.A.'s are members of the executive branch of government, so they are the only ones who can choose what charge to bring against you. The judge is a member of the judicial branch and has no control over the charge. On the other hand, the judge gets to decide what sentence to impose, and the D.A., as a member of the executive branch, has no control over that. When you reach a plea agreement with the D.A., you have an agreement as to the charge you will plead to and the sentence that will be recommended to the court. Again, the judge has no control over that charge. In your circumstance, the plea agreement calls for a joint recommendation of ASP, which means, as part of the agreement, you are agreeing that both you and the State will recommend that the court should impose that sentence. If your lawyer tries to treat components of the agreement as a la carte selections, that will violate the plea agreement. The D.A. will simply tell the court that the agreement calls for you to jointly recommend the ASP, your lawyer has decided not to join in that recommendation, so the agreement is off and the State is reverting to the original OUI charge. The court will have no power to stop this, because the D.A. controls what charge to bring and you will have manifested rejection of the plea agreement. As attorney Nielsen points out, courts have the power to reject a joint recommendation on sentence, because they have the ultimate say on the sentence. If a judge decides the sentence is too lenient, the judge can reject the joint recommendation and give you the opportunity to withdraw your plea and go back to the drawing board. Very rarely, a judge will decide, on her own, without urging from the defense, that a sentence on a joint recommendation is too harsh. In that case, the judge can override the joint recommendation and impose a more lenient sentence (I've seen this done twice that I can recall in 30 years of practice). But again, if you want to argue against the ASP called-for under your plea agreement, the D.A. is not going to go through with the part of the agreement that lets you plead to DTE. If you want to have a charge reduced and still be allowed to argue for a sentence less than the D.A. is seeking, you need a recommendation with a "cap" on sentence that allows your attorney to argue for less. In your circumstance, I doubt very much that the D.A. will agree to let you argue to eliminate the jail term (ASP). This sort of recommendation usually involves a tradeoff: you can plead to a DTE, but you have to pay a price for it, and that price is an ASP sentence.

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  • Getting my license back after dui

    Lost my license years ago(first offense) and completed all sentencing requirements. At the time I had a NH licenses, now live in ME. I know I need my LDAC to right a letter as well as myself, but don't know who to send it to or really what my next...

    Edmund’s Answer

    Contact the Maine Office of Substance Abuse and Mental Health Services, 207-626-8600, and talk to them about meeting DEEP requirements.

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  • Possession of alcohol, and marijuana. What am I looking at for punishment?

    I was pulled over for speeding, and walked away with 3 court summons. I am 17. I got a summons for having an open bottle of alcohol in my car, which was not drank or anything. I also got a summons for having weed on me, about a gram and a summons ...

    Edmund’s Answer

    The alcohol, marijuana possession and drug possession charges are all "juvenile crimes." You should consult with an attorney who handles juvenile offenses. Given your lack of juvenile offense history, you might be afforded an opportunity to have your case informally adjusted, through a meeting with a juvenile community corrections officer before your court date. Even then, you should consult with an attorney who handles juvenile work, so the attorney can help you take advantage of that opportunity.

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  • How much jail time can you get for a VCOR and a warrent

    My spouse just got aressted an hour ago for a warrent because he missed a court date. And he has another one on Monday for a VCOR because needle were found at his place. How much jail time will he receive?

    Edmund’s Answer

    There are so many factors that go into sentencing that it isn't possible to accurately answer a question like this. Most charges of violation of conditions of release are Class E crimes, punishable by a maximum jail sentence of 6 months, and a maximum fine of $1,000.00. That's the most a person can possibly receive for the offense, no matter how bad are the conduct and the person's criminal record. But, your husband missed a court date for some other charge, and who knows what that charge is, or what kind of a criminal record he has, or how egregious or not egregious are the alleged facts of the underlying charge, or whether the state's evidence is strong or weak? Only someone familiar with the entire set of facts, such as an attorney handling your husband's case, can assess what penalties your husband is realistically facing.

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  • Unauthorized possession of property

    My friend called the police on my boyfriend who drove off in my car after we had an argument. I didn't realize she had called the police and reported the incident until after he got arrested the next morning. I let my boyfriend use my car all the ...

    Edmund’s Answer

    This seems odd, because police typically don't charge a person with unauthorized use of property, or theft, unless the owner of the property informs them that the person did not have any permission to use or take the property. The D.A. can't prove the charge without an owner/witness who is willing to testify to facts sufficient to establish, beyond a reasonable doubt, that your boyfriend had no permission to use the car and knew he had no permission. Maybe this situation is more complicated than your description indicates. Maybe the D.A. plans to use your friend to testify that he or she witnessed you repeatedly telling your boyfriend not to take your car and yet your boyfriend grabbed the keys and took off anyway, or some such thing. Maybe they intend to supplement that with a certified copy of the vehicle registration from the Secretary or State, under seal, showing that the vehicle is registered to you alone. I get the sense this situation has "domestic violence" overtones, which sometimes makes the state dig in its heels and attempt hail-Mary-pass approaches to proving cases, with very thin evidence. Ordinarily, it would be enough for you to make a statement to police that your boyfriend had your permission to take the car.

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  • I'm very worried about a "Theft of service" charge when i was younger.

    when i was 18 in july 2008, I booked a cab without paying and got a summons to court and paid the small fine and went on with my life. Now it seems to be getting in the way of job opportunity's, I'm very scared and need help it was just a misdemea...

    Edmund’s Answer

    When you paid the small fine, you pled guilty to a Class E theft of services, otherwise you wouldn't have been fined. I feel badly for you, because I think that you, like many other young people in Maine (or elsewhere) who fail to avoid a theft conviction, had no idea of the long-lasting repercussions. Unfortunately, Maine does not have a mechanism to expunge convictions. Your only possibility to have the conviction set aside is to apply for and receive a governor's pardon. I have no personal experience handling pardon petitions, but if you care to give me a call I'd be happy to provide you with a referral. That said, I'm sure you should be prepared to come up with at least $2,000.00 to go through that process.

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  • I got cought for my third oas in saco maine an Within a year or so so I was wondering what I was looking at when I go to court

    2 priour oas 1 oui six years or more ago couple criminal speeding tickets couple speeding tickets eluding an officer ticket couple no insurance fines

    Edmund’s Answer

    • Selected as best answer

    If this is your third OAS committed within a 5-year period, what comes after court is the worst of it. A conviction of a third OAS committed within a 5-year period will cause you to be declared an habitual offender (unless one or more of the OAS's is a type not counted toward H.O. status). Eluding an officer and criminal speeding also count toward habitual offender status, which status carries a 3-year revocation of your driver's license. In court, you might well be looking only at a fine, although jail is a possibility. OAS is a Class E crime, punishable by a maximum of 6 months in jail and a maximum $1,000.00 fine. You must already be familiar with the 60-day license suspension the BMV imposes upon conviction of this offense.

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