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Robert C. LeBrasseur

Robert LeBrasseur’s Legal Guides

17 total


  • GSA with Complusion

    A person is guilty of gross sexual assault if that person engages in a sexual act with another person and the other person submits as a result of compulsion. This is what most people think of when referring to the word "rape". It requires the prosecution to prove beyond all reas...

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  • Prostitution in Maine

    Promoting prostitution and prostitution in general have been in the news a lot lately. A Zumba instructor is accused of engaging in prostitution amongst other charges at her studio. A Thomaston business man is accused of promoting prostitution amongst other charges. About 120 ind...

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  • Criminal Defense Attorney Fees

    How does a criminal defense attorney set fees? That varies for each attorney based on several factors: the attorney's experience, is the attorney in need of clients, what is the attorney's overhead, where is the case located in relation to the attorney's firm location, what are t...

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  • INEVITABLE DISCOVERY

    INEVITABLE DISCOVERY DOCTRINE The remedy for addressing police illegality is the suppression of the evidence found as a result of the illegality. This is known as the exclusionary rule. This remedy was thought to be necessary because other remedies, civil monetary relief or crim...

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  • Age is relevant to the determination of a valid Miranda Waiver

    Today (June 16, 2011), the Supreme Court answered the question whether the age of a child subjected to police questioning is relevant to the custody analysis of Miranda v. Arizona , 384 U. S. 436 (1966) . "It is beyond dispute that children will often feel bound to submit to poli...

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  • Does Aerial Photography violate the Fourth Amendment?

    InCalifornia v. Ciraolo, 476 U.S. 207, 211 (1986), the United States Supreme Court applied a two-part test to determine whether aerial photography constituted a Fourth Amendment search: (1) Has the individual manifested a subjective expectation of privacy in the object of the cha...

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  • Seizure based on information seeking purposes.

    Typically, a person cannot be seized unless there is probable cause to believe the person is committing a crime or committed a crime. However, the Supreme Court recognized that even in the absence of reasonable articulable suspicion or probable cause, a seizure for information-se...

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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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  • 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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  • 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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