My friend was given a ticket for having possession of paraphanelia (pot bowl) and this is a civil offense which carries a $300 fine. My question is if he pleads guilty, will this show up on any record when he looks to apply for a job and if so, w...
Because the charge is a civil infraction, your friend will either admit it or deny it instead of pleading guilty or not guilty like he would to a criminal charge. The safer bet would be to try to avoid an adjudication, if possible. Sometimes, agreements can be made that result in eventual dismissal of the charge. It would be a good idea for your friend to consult with a local criminal defense lawyer on this.See question
I was charged with domestic violence no evidence against me just what the cop was told
Anyone charged with this offense needs an attorney. If the person can't afford an attorney, the court will appoint one because conviction carries a "risk of jail." That is to say, if the person is convicted, the D.A. will seek a jail sentence. The usual sentence D.A.'s seek out of the gate is a jail sentence, with some or all of it suspended, and probation for 2 years with a requirement that the person complete a certified "batterer's intervention program." Failure to complete the "batterer's intervention program" or any other violation of probation conditions can land the person in jail for up to the full suspended portion of the sentence. There are many possible alternative outcomes, but these can only effectively be explored through an attorney, after that attorney evaluates the particular case facts and circumstances. The maximum possible jail sentence for a Class D crime is 364 days in jail. The maximum fine is $2,000.00. The maximum term of probation is 2 years for a domestic violence assault if certified batterer's intervention is ordered; otherwise 1 year. Conviction also results in prohibitions on possessing firearms under both Maine and federal law. The federal prohibition is for life. As for "just what the cop was told," that covers a lot of ground, some of it potentially much more of a threat to individual liberty than an average person might imagine.See question
I was charged with class D misdemeanor assault. It was then elevated to domestic violence and felony assault. In court I took a deal and it was dropped back down to a class D misdemeanor and I served 59 days in county jail and 2 years probation. I...
Attorney Robidas is right that the attorney who represented you in that matter will have the information needed to answer your question. As a general proposition, a person can be barred from possessing a firearm or ammunition under federal law for conviction of a simple Class D assault. That can happen if the relationship between the parties is such that the offense meets the federal definition of a "misdemeanor crime of domestic violence." That means 2 things: (1) anyone convicted of a Class D assault in a situation that originally involved a "domestic violence" assault should not assume he is safe to possess a firearm or ammunition; and (2) to figure out whether your offense meets the definition of a "misdemeanor crime of domestic violence" requires access to information that your lawyer from the assault case has.See question
I am a collage student and was found by my RA throwing up in the bathroom toilet after a night of drinking. She called the police to follow protocol. I was able to sign off that it was unnecessary to take me to the hospital but being that I am onl...
Attorney Robidas is correct that your admission to drinking might be enough to adjudicate you of the charge. This is a civil charge, so the burden of proof is a preponderance of the evidence-- more likely than not, rather than the criminal burden of proof beyond a reasonable doubt. An attorney can help you exploit any weaknesses in the State's proof, and might otherwise be able to arrange a disposition that avoids the adjudication.See question
I am on a deferred disposition and probation just found out I'm being served another summons for theft
I agree with Attorney Ferguson and will add that entering an inpatient facility does not shield you from arrest. If the State gets an arrest warrant for you, and if they find you there, they will arrest you.See question
I'm on probation in maine for domestic charge that I pled guilty in court for and I want to go out of state for two days and do I have to pay for a pass
A person who is on probation in Maine is subject to a condition that the person is not allowed to travel outside Maine unless the person secures written permission from the probation officer before leaving Maine. It is not a question of paying for a pass but of securing written permission in advance.See question
I was arrested in April for a felony DUI and I still have not been indicted.
That is an unusual length of time if yours is a Cumberland County case. They tend to be vety efficient with the Grand Jury process. Still, the State can bring an indictment any time within the statute of limitations. For a Class A ,B, or C crime, the statute of limitations is 6 years.See question
I was caught shoplifting $28 amount of goods, I was ashamed and terrified. I did it as a dare which I explained to the officer & LP, they were very kind & said they'd be e-mailing my university to let them know what I did, as well as mailing me a ...
In my experience, it is highly unusual for a person not to be summonset to court on the spot when police are called and the person admits shoplifting. Because you were not summonsed, you are not obligated to appear in court, and it's highly unlikely the officer will send a report to the D.A. and seek a summons after the fact. If you are charged with theft, do what it takes to get a lawyer. If you are not summonaed/charged, you don't need a lawyer for this.See question
I was pulled over driving a motercycle without the proper endorsement on my valid maine drivers licence. I have since gotten that endorsement. I went to court plead no contest and was fined. Two weeks after court I got a letter from the secretary...
A valid Class C license does not license a person to operate a motorcycle, unless the person also has a motorcycle endorsement. See 29-A M.R.S. section 1252(2). You must have been charged with operating without a license, under 29-A M.R.S. section 1251(1)(A), which is a Class E crime, not an infraction. When you pled no contest, the court recorded a guilty finding and imposed a sentence. Unfortunately, courts often don't alert people that the Secretary of State might impose a license suspension as a result of any given conviction or adjudication of a motor vehicle violation. It looks like you were not alerted, so your suspension came as a surprise. The Secretary of State, acting under statutory authority, has created regulations under which it imposes a suspension for conviction of certain offenses and for accumulation of points for others. Those regulations call for a person to be suspended for 30 days (in some cases longer) upon conviction of operating without a license. 29-250 C.M.R. ch. 1, section 3 (2012). You received a suspension notice in the mail. As that notice informs you, you have a right to request a telephone hearing as to whether you should be granted relief from the suspension.See question
I was driving home from work someone kept dropping short so I proceeded to pass them on the left they accelerated briefly. I accelerated enough to go around and merger back into my lane upon slowing my vehicle down their was a cop coming the oppos...
If it isn't "legal," the only law it violated was the fresh pursuit statute, and if the fresh pursuit statute was violated, that isn't likely to do you any good. The only way it would do you any good is if the court decided to exclude the evidence of your speed because the police officer violated the statute. Maine does not have an "exclusionary rule" for such circumstances, even in a criminal case, let alone for civil infraction cases such as yours. However, at trial, the officer who registered your speed and pulled you over will need to be available as a witness, because the officer who wrote the ticket that was sent to the Violations Bureau didn't witness you speeding. So, you've got something to work with there-- maybe that officer won't show up.See question