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Robert C. LeBrasseur

Robert LeBrasseur’s Legal Guides

17 total


  • An overview of probation in Maine.

    Probation is that portion of the sentence an individual serves while not physically in custody but subject to the supervision of the Department of Corrections. A person on probation lacks most of the Constitutional protections that individuals not serving a sentence have despite ...

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  • Trial rights in Maine

    The ultimate decision to plead guilty or proceed to trial is solely the client's decision. An attorney should advise you as to what they think is in your best interest. You can accept their advice or reject it. An attorney should not get upset if your reject their advice regardin...

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  • Jurors must be biased

    Jurors should not be fair and impartial. Jurors should be biased and that bias should be towards the Defendant. The bias is that the Defendant is innocent. The Defendant does not have to prove anything. As a juror you can disregard and disbelieve all evidence presented by the def...

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  • OUI in Maine

    P I am only discussing the criminal aspect of OUI in this post. You will have a separate and distinct proceeding before the Bureau of Motor Vehicles as well. Maines OUI law can be found at Title 29-A, section 2411.To prove OUI the State is required to prove beyond all reasonable...

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  • Felony Sentencing in Maine

    Felony sentences in Maine are imposed pursusant to a three step anaylsis codified by our legislators.This codification creates a three-step process that sets a framework for courts to follow to determine a sentence in a case. 17-A M.R.S.A. 1252-C andState v. Hewey, 622 A.2d 1151...

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  • Prison is not custody for purposes of Miranda Rights if you are told you can leave the interrogation

    The United States Supreme Court decidedHowes v. Fieldsin February 2012. The issue in that case was whether a prisoner is in custody for purposes of Miranda Rights when they are interrogated about a case for which they are not incarcerated. Law enforcement is required to provide a...

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  • DO I HAVE TO ALLOW THE POLICE TO SEARCH ME, MY BELONGINGS, MY HOME, OR MY CAR?

    NO. You have the absolute right to refuse a search of you, your belongings, your home, or your car. A good officer will ask you for permission to search you, your home, or your car even if the officer has the legal authority to conduct the search. The question whether the officer...

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  • First Offense OUI in Maine

    A first offense operating under the influence (OUI) is a class D misdemeanor crime. The prosecution can prove you are operating under the influence using 2 different theories: a blood or breath alcohol content .08 or more or that your mental and/or physical faculties were impaire...

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  • Speak up and tell the police you are invoking your Miranda rights and you want an attorney.

    Imagine you are arrested by the police and brought to the station for questioning. The police read you your Miranda warnings. You recall an attorney stating, "if the police are reading you your Miranda Warnings they are not questioning you to assist you but to build their case." ...

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  • Examples of reasonable articulable suspicion justifying the stop of a motor vehicle in Maine

    To justify the stop of a motor vehicle a police officer must have reasonable articulable suspicion that criminal activity is taking place. Examples of reasonable articulable suspicion include the following:

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