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Edmund R. Folsom
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Edmund Folsom’s Answers

147 total


  • Can police forcefully enter my home to arrest me, or can they have the landlord provide entry?

    I am in ME and was supposed to report to county jail for my sentence after a stay. I did not report as I was supposed to. I asked my lawyer to obtain an extension so I could secure an apt before going. She basically said it wasn't her problem. I n...

    Edmund’s Answer

    Police who have a warrant for your arrest can forcefully enter your premises to arrest you if they reasonably believe you are present at the time. A landlord who is looking to avoid unnecessary damage to the premises would be justified in unlocking the door for them at that point, so they don't need to break it to arrest you. When an arrest warrant has issued for you, you are subject to immediate arrest. You should turn yourself in.

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  • Do I have to appear in person for an accepted plea deal hearing?

    I was arrested for trespassing (class E crime) in Maine last year. I had already made plans to move to California, so I accepted the DA's offer to drop the charges after going one year without any violations and attending some counseling. I'm supp...

    Edmund’s Answer

    You can certainly hire an attorney to help you shepherd the case to conclusion. If you have fully complied with the conditions of your deferred disposition agreement (which is what it looks like you entered into), your attorney will be able to handle the matter without you needing to return to Maine for the proceedings. You will need to provide the D.A.'s Office with proof that you met your counseling condition and paid the "supervision fee" set forth in the agreement. The D.A. will run a check on you, to make sure you did not get charged with any new criminal conduct. The deferred disposition statute specifically sets out a procedure for plea withdrawal and charge dismissal in the defendant's absence upon written motion of the D.A. In Portland, the D.A.'s Office is very efficient about handling plea withdrawal and dismissal without having the defendant there, if the defendant has provided proof of compliance with all conditions. If you make sure the D.A. agrees in advance that you have met all conditions, you might even be able to avoid coming back without getting an attorney on board for you, but it will be a lot safer for you to have an attorney to make sure nothing goes wrong.

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  • 1) Do the district court fines need to be paid in full prior to filing petition?

    State of Maine: OUI 1st offense non-aggravated. Will be filing petition for ignition interlock. Payment plan established with district court to pay fines. 1) Do the district court fines need to be paid in full prior to filing petition? 2) Does the...

    Edmund’s Answer

    The Fine does not have to be paid before you are allowed to petition. However, you must pay your fine as ordered or that could lead to a license suspension that will blow up the whole arrangement. To petition, you must have completed DEEP requirements and the Secretary of State must have received notice of that from DEEP. You must pay a $50.00 reinstatement fee plus a $50.00 application fee. Send the fees with the petition and the petition will be processed.

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  • What does it mean when i go to court on an initial appearance and my name isnt found on the schedule?

    So i got a citation to go to court on 2 different charges. 1 assault on an officer. Felony and 2. Failure to submit to arrest. It is a long story but i dont think anything i did would even vaguely come close to be considered this. I answered my do...

    Edmund’s Answer

    The ADA who screened the case simply doesn't have as much information as that ADA wants to make a charging decision. When that happens, a responsible ADA will request that the police provide additional information BEFORE bringing a charge. The requested information wasn't made available by the time of your scheduled initial appearance, so the ADA did not bring a complaint against you. Once the ADA gets the additional information, he or she will decide whether to charge, and if so what to charge. All you can do is wait and see. Because you showed up in court the first time, as long as the police and D.A. continue to know where to find you if a charge does issue, chances are they will seek to summons you back to court instead of asking for an arrest warrant at that point.

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  • What is the age to have sex in Maine? I'm 13 and my boyfriend is 17.

    ...

    Edmund’s Answer

    Really, just stop. It's a Class A crime to engage in a sexual act with anyone under the age of 14 in Maine.

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  • I banged up a truck, blew a .05, and got driving to endanger, but I'm underaged. At court will i get an OUI?

    I was driving and turned to quickly and ran into a post. The cops came and took me to the station to get breathalyzed. I blew a .05 and he wrote on my summons driving to endanger. My friends tell me that ill still get an OUI.

    Edmund’s Answer

    The fact that you are under age 21 makes no difference for purposes of the OUI statute, which requires proof that any person (no matter what age) either drove with an alcohol level of .08 or more or drove while his or her mental or physical faculties were to some degree affected by alcohol, drugs, or a combination. A .05 alcohol level is, by statute, prima facie proof that that a person was not under the influence. Ordinarily, a D.A. will not pursue an OUI charge against a person with a .05 alcohol level, but you never know. It depends on how the D.A. views the facts overall. Your age clearly comes into play in the context of an administrative suspension for having an excessive alcohol level. There, a report will go to the Secretary of State and they will suspend you for 1 year for driving with an alcohol level greater than 0.00 grams per 2100 liters of breath. That action will be taken whether there is a prosecution for OUI, DTE or nothing at all. Get a lawyer and lie low.

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  • I'm 15 I'm a sophomore this year and my boyfriend just turned 18 and he's a senior is it legal for us to date with no sex

    I'll be 16 in May and he just turned 18 on the 12th of this month is it ok for us to date if we have consent and don't have sex

    Edmund’s Answer

    • Selected as best answer

    Of course it's possible to date each other legally. If you catch a movie together, go someplace to eat together, etc., you are just 2 people associating with each other. It cannot be illegal to simply associate with another person while engaged in perfectly legal activity. If that's all that happens, it's all fine and there's no need to explain more. It's the part where one thing leads to another that can quickly get strange and dangerous.

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  • Question for MAINE lawyer------What are the barriors for a defense attorney?

    We were told that despite the overwhelming differences in the plaintiffs statements, the defense attorney could NOT bring the differences to the courts attention, UNLESS the prosecution were to raise the issues first. Any truth to this?

    Edmund’s Answer

    It is impossible to answer this question in any meaningful way. The rules of evidence govern the admissibility of statements at a trial. Those rules are complex, and how they apply in a given circumstance is entirely fact specific. As a general matter, the barriers or limits on a defense attorney are the strictures that are created by the rules of evidence, the particular statements at issue and the purpose for which the attorney would seek to introduce the statements into evidence. But that's a generality that won't mean much to you. It's the particulars that matter, and nobody can address the particulars without knowing the particulars. This forum isn't an appropriate place to get into the particulars. If you want a second opinion, you need to consult with another attorney who can review the case and provide an informed answer to your questions.

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  • Is there anyway to have a misdemeanor charge removed from my record?

    When we were 18 a friend and I got caught shoplifting. When we went to our court date we were offered a deal. If we paid $100 and stayed out of trouble for a year it wouldn't end up on our record. 8 years later, I have a routine background check d...

    Edmund’s Answer

    When you describe an arrangement where you were supposed to avoid trouble for a year and end up with no theft charge on your record, you seem to be describing a filing of the charge for 1 year on $100.00 court costs. If that was your deal, and if the year passed without trouble, the charge was to be dismissed at the end of that year. A filed charge that was dismissed 7 or so years ago should not be disclosed publicly. Of course, if the prospective employer who found the information is a law enforcement agency, that's a different matter, because they get to see everything. If information about a case that was dismissed after filing is showing up on your publicly available criminal history report, you can contact Maine's State Bureau of Identification (SBI), at 207-624-7240, and have them correct the error. You can find out what appears on your publicly available criminal history report by ordering a copy of your own SBI online from the SBI's website and paying the fee with a credit card.

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  • Will I go to jail for Criminal Speeding? Going 56 in a 25 in Maine.

    I have no marks on my license. I have never been pulled over before. I have had my license for a year but am over 18. It was late at night and I was driving on route 2. I just want to plead guilty and pay my fine, but I'm so afraid of going to jail.

    Edmund’s Answer

    You should really shoot for more than to just avoid jail. You should try to avoid a criminal conviction as well. I highly recommend that you talk to an attorney and try to negotiate a disposition that involves dismissal of the criminal charge and a plea to a traffic infraction for speed less than 30 mph over the limit. All the lawyers who are telling you this are not only saying it because we are lawyers, but because it's a really bad idea to suffer a criminal conviction if there's a chance to avoid it.

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