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Robert C. LeBrasseur

Robert LeBrasseur’s Answers

563 total


  • If i am being charged with leaving the scene of an accident but wasnt driving, the police think i was the one driving.

    Now that i am being charged with leaving the scene of an accident the person who was driving is willing to come forward. How should i go about this? I have my arraignment on the 17th. And with property damage to the vehicle, it was a 1 car acciden...

    Robert’s Answer

    A class D crimes a maximum potential sentence of 364 days and a $2,000 fine. I would like to read the police reports before advising you of what to do. I would urge you to consult with an attorney.

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  • Does cop need to be 100% sure liquid in container is alcohol, operator possesing open alcohol containers on public way ticket?

    All glass bottles were recapped and officer never opened them to investigate what was inside..

    Robert’s Answer

    To issue a ticket an officer only needs probable cause so no they do not have to be 100% sure. At trial the allegation needs to be proved beyond a reasonable doubt which is not all doubt or 100% of doubt. Again, the answer is no. Circumstantial evidence (type of bottle, alcohol on breath, etc) might be enough to convict.

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  • 3rd operating after suspension...what will I get in Maine?

    Within the last year or so I have been charged with 2 OAS and a couple for no insurance..I am going to court for my 3rd OAS...what will I get in Maine?

    Robert’s Answer

    Operating after Suspension is a Class E misdemeanor that carries a potential maximum sentence of 6 months in jail and $1,000 fine. It is very unlikely you would get a maximum sentence. In Cumberland County the typical offer for a 3rd offense OAS is a $750 fine. However with three in one year it is possible you are looking at jail time. Additionally, you need to be aware of Habitual Motor Vehicle Offender status. A person who has 3 OAS convictions within a 5 year period can be declared an habitual motor vehicle offender meaning your lose your license for a minimum of 3 years.

    It is difficult to completely answer your question without reviewing your motor vehicle and criminal history and the underlying facts.

    You should obtain counsel.

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  • HHow will i be notified if my bail is going to be revoked?

    If i am charged with a new crime while out on bail how will i be notified if they decide to revoke my bail? all i have recieved is a summons for the new crime nothing about my bail?

    Robert’s Answer

    I suspect the officer did not know you were on bail when the summonsed you. They should have charged with you violating a condition of release as well as the new crime alleged. The prosecutor's office can file a motion to revoke your bail and have a summons served on you for hearing, they can move to revoke your bail and request a warrant, or they could do nothing. I would urge you to call the clerk's of court you were originally on bail for to see if a motion was filed. Being proactive in this situation is to your benefit. You need to obtain counsel.

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  • How to get gun rights reestablished after I have been pardoned but no longer live in the state I was pardoned from?

    I was pardoned by the state of Georgia, but now live in Maine, how do I get my gun rights back?

    Robert’s Answer

    You have to get your guns rights back under federal law if you were convicted of a felony. There is an application process through the ATF. However the ATF does not have anyone working this position so you cannot get your rights back. If you were not convicted of felony or think the Georgia pardon is a different result contact your Georgia Attorney.

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  • Can a police department release personal info(name, address, citation info) regarding speeding ticket to law firm without notice

    I received a speeding ticket in Harris County, Texas. Two weeks later I received an offer from a law firm offering to represent me. They had my name, address, and all citation information (I was doing 76 in s 65 on a highway at rush hour). Is i...

    Robert’s Answer

    Typically that is public information. Some police departments have this information in press releases, on their websites, and facebook pages. It is just a firm marketing to an audience needing their services.

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  • An heirloom set of silver service was stolen from me and pawned. The pawn shop sold it. Can i get the money from that sale?

    I live in maine and am wanting to try to get my money from the silver service. I was told it was sold for scrap. It was over 100 years old.

    Robert’s Answer

    If the pawn shop bought the silver piece in good faith then it is unlikely you can get the money from the pawn shop owner. You might be able to get restitution from the individual who stole it if they were caught and are convicted. You can bring a lawsuit against the person who stole it.

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  • Recently charged with two counts of Criminal Mischief, a class D crime in Maine, should I accept the deal or find a lawyer?

    My friend and I were driving around looking for a place to shoot his new paintball gun. While we were driving through AMHI, my friend decided it was a good idea to shoot at the security guard with said paintball gun. Needless to say we were caught...

    Robert’s Answer

    • Selected as best answer

    If you were unaware that your friend was shooting and did not aid or agree to aid him in the commission of the offense then you are not guilty of criminal mischief. A person is guilty of criminal mischief if that person intentionally, knowingly or recklessly damages or destroys the property of another, having no reasonable grounds to believe that the person has a right to do so; damages or destroys property to enable any person to collect insurance proceeds for the loss caused; or tampers with the property of another, having no reasonable grounds to believe that the person has the right to do so, and thereby impairs the use of that property. In its simplest form, a person is an accomplice if the person agrees to assist or aid another person in the commission of a criminal offense. That means the prosecution has to prove at trial that you aid or agreed to aid in the intentional, knowing, or reckless damage of another's property. Based on these facts it appears you have a good case to bring to trial. I would urge to consult with an experience criminal defense attorney to review the discovery and trial process.

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  • Recieving stolen property

    If someone who is bipolar which impairs his judgement an makes him impulsive. buys stoel property for a reasonable price from someone who they do not know, and then sells them to a pwan shop then later finds out they were stolen, hes now being cha...

    Robert’s Answer

    To be found guilty of theft by receiving stolen property the prosecution has to prove beyond all reasonable that you received, retained or disposed of the property of another knowing that it was stolen, or believing that it was probably stolen. The Defendant should carefully review what the police states he told them and how a jury might view that. The fact a reasonable price was paid is a good thing. Also, the bipolar might assist in the defense and should be explored with his attorney. Be sure he is represented by an experienced criminal defense attorney. Good luck.

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  • Will it matter if the key witness against u was caught selling drugs and got her probation revoked

    She is supposed to testify against me and we both were out on federal bond and she was caught selling drugs she's saying that I'm a drug dealer but I never got in no trouble wile on pre trial never gave a dirty urine but she got her release revoke...

    Robert’s Answer

    It does make a difference. If this evidence is permitted to be presented at trial then the jury will be allowed to consider her conduct prior to trial to judge her credibility. Good luck.

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