Robert C. LeBrasseur’s Answers

Robert C. LeBrasseur

Portland Criminal Defense Attorney.

Contributor Level 14
  1. Should my lawyer present mitigating circumstances at my sentencing hearing in an agg bat with deadly weapon? Can I appeal?

    Answered over 2 years ago.

    1. Lori Doganiero Palmieri
    2. David Richard Damore
    3. Don Waggoner
    4. Robert C. LeBrasseur
    4 lawyer answers

    Was this an agreed to sentence or open plea? If agreed then there is typically no argument. Also your mitigating factors could be viewed as failure to accept responsibility. Talk with your lawyer.

    5 lawyers agreed with this answer

  2. Illegal search and seizure

    Answered over 2 years ago.

    1. Mark S. Solomon
    2. Frank Mascagni III
    3. Robert C. LeBrasseur
    3 lawyer answers

    If you were not living there then why do they say the gun was yours? If they searched your property outside the scope of the warrant then you do have standing to challenge the search of your property. The issue of whether you have standing to challenge the search warrant is fact specific. You should review the warrant and facts with experienced defense counsel.

    5 lawyers agreed with this answer

  3. .0009 on a breath test, dui

    Answered almost 3 years ago.

    1. Robert C. LeBrasseur
    2. Ronald E. Stutes
    3. Michael Lawrence Doyle
    4. Benjamin J Lieberman
    5. Stephen David Hebert
    5 lawyer answers

    A .09 is but not .0009.

    5 lawyers agreed with this answer

  4. Can I leave the country after a DUI?

    Answered about 3 years ago.

    1. Ellis B. Klein
    2. Michael Lawrence Doyle
    3. Robert C. LeBrasseur
    4. James C Forslund
    5. Steven Fisher Fairlie
    6. ···
    6 lawyer answers

    You need to review your bail or bond conditions. If the conditions are silent on leaving the country (which they typically are) you should be okay.

    5 lawyers agreed with this answer

  5. Specifics of Open View Search

    Answered about 3 years ago.

    1. Robert C. LeBrasseur
    2. Rixon Charles Rafter III
    3. Jason Paul Wilson
    4. Robert Stephen Toale
    4 lawyer answers

    Your case is going to be dependent on how the officers testify. I find what my clients recall and what the police recall usual differ. If permission to search was given then the search is probably okay. I questing how the illegal nature of brownies and tea was apparent though. I would encourage you to retain criminal defense counsel to protect your interest. Good luck.

    4 lawyers agreed with this answer

  6. Paid attorney vs public defnder

    Answered about 3 years ago.

    1. Robert C. LeBrasseur
    2. Stephen Alexander Shechtel
    3. Robert David Richman
    4. Joshua Sachs
    5. Michael Kotik
    5 lawyer answers

    A paid attorney mIght have a smaller caseload permitting him/her to give your case more attention. There are no guarantees.

    5 lawyers agreed with this answer

  7. Is it required that the cops get a defendents statement before they take him to jail and before the preliminary?

    Answered about 3 years ago.

    1. Robert C. LeBrasseur
    2. Harry Edward Hudson Jr
    3. Robert David Richman
    4. Michael Lawrence Doyle
    5. Adam D. Zucker
    5 lawyer answers

    No the police are not required to get the Defendant's statement. Most officer do like to try and get it but the accused has the right to remain silent. The Defendant should now let his defense attorney talk for him.

    5 lawyers agreed with this answer

  8. Is it legal to be charged with something after you've already been charged.

    Answered over 2 years ago.

    1. Luke S Rioux
    2. Robert C. LeBrasseur
    3. Edmund R. Folsom
    3 lawyer answers

    I agree with Attorney Rioux. The officer will write a ticket/summons for what the officer believes was committed. The officer will then forward their report to the prosecutor who will review the report. If the prosecutor believes that additional charges can be proven beyond all reasonable they might add those charges. Additionally, if the prosecutor believes what the officer ticketed/summonsed for cannot be proven beyond all reasonable doubt they will not make the charge. All felonies under the...

    3 lawyers agreed with this answer

  9. Can I get out of an OUI charge?

    Answered over 2 years ago.

    1. Robert C. LeBrasseur
    2. Luke S Rioux
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    Anything is possible if you are willing to proceed to trial. There are certain protocols that must be followed when an intoxilyzer is used. You need to consult with an experienced OUI attorney as soon as possible.

    3 lawyers agreed with this answer

  10. Can I be charged with possession of alcohol by consumption if the officer didnt give me any sobriety tests?

    Answered over 2 years ago.

    1. Robert C. LeBrasseur
    2. Luke S Rioux
    3. Jim Mitchell Medley
    3 lawyer answers

    Yes you can be charges if there is probable cause to believe you committed the crime. It would be your testimony if you testify, your friends testimony, and the officers testimony at trial. It will be up to the judge as to who they believe.

    3 lawyers agreed with this answer