GSA with Complusion
May 14, 2013
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 ref...
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Prostitution in Maine
Oct 16, 2012
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 busines...
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Criminal Defense Attorney Fees
Jul 18, 2012
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, wh...
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INEVITABLE DISCOVERY
Jul 13, 2012
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 wa...
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Age is relevant to the determination of a valid Miranda Waiver
Apr 03, 2012
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...
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Does Aerial Photography violate the Fourth Amendment?
Apr 03, 2012
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 ind...
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Seizure based on information seeking purposes.
Apr 03, 2012
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 r...
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Examples of reasonable articulable suspicion justifying the stop of a motor vehicle in Maine
Apr 03, 2012
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 follo...
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Speak up and tell the police you are invoking your Miranda rights and you want an attorney.
Apr 03, 2012
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...
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First Offense OUI in Maine
Apr 03, 2012
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...
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