In Boat US magazine, they listed Portland, Maine among the top 10 cities for boating, which is no surprise. All over the State of Maine you can find great places to enjoy boating, including fresh water lakes as well as the Atlantic Ocean, and most of all appreciating time on a boat. Often, people like to relax on their boat while enjoying a few drinks. Unfortunately, sometimes while out on the water enjoying the day, we may indulge a little too much and be under the influence of alcohol or drugs. This can be a recipe for a charge of Maine Operating Under the Influence (Maine OUI) on your boat, or Maine Boating Under the Influence (Maine BUI). [Read more…] about Maine Boating Under the Influence (Maine BUI)
I have been accused of domestic violence. Am I still allowed to have firearms?
In Maine, domestic violence charges trigger certain mandatory bail conditions. The Mandatory bail conditions on domestic violence charges are:
- No contact with the alleged victim
- No use or possession of Alcohol or Illegal Drugs
- No possession of dangerous weapons, including all firearms
- Being subject to random searches and seizures of your person, home, and vehicle to assure that you are complying with you bail conditions
Since this answer relates to the question of being accused of domestic violence and still having firearms, let’s closely examine the condition, “no possession of dangerous weapons.” [Read more…] about I have been accused of domestic violence. Am I still allowed to have firearms?
I trust Attorney Nielsen and feel that he was looking out for me.
“I am writing with my testimonial about my experience with Attorney Chris Nielsen at The Nielsen Group. I was charged with a first offense OUI out of Portland. When I met Attorney Nielsen, I felt comfortable telling him anything about my case. I did not feel judged in any way, and I felt supported through the entire process. He educated me about the law and what was going to happen with my case at court.
The price he quoted me was fair and he stuck by his rate, and he never charged me more even when my case went through the court. As my lawyer, he was responsive and took my case where I wanted it to go. I trust Attorney Nielsen and feel that he was looking out for me. He was not afraid of the court process or the Justice or the District Attorney in Black.
As a professional with a State license, I was made well aware of the risks, and that they were checked into, as well as the possible impacts, and he turned over every stone to find out what might happen. He never backed down, and I appreciate all that he did for me.” – C. H.
When Can I Get a Maine Work-Restricted Driver’s License?
A Maine work-restricted driver’s licenses are available only under a couple of situations. As always, please feel free to call me and we can discuss your specific situation to see if you qualify for a Maine work-restricted driver’s license. We will review these situations below to help you understand when you can get a Maine work-restricted driver’s license.
First Offense Operating Under the Influence (OUI)
The general guidance is that with an OUI suspension for a Maine first offense OUI, a Maine Work-Restricted license only allows you to drive for work for the administrative suspension only. If you are convicted at Court of the first offense OUI, you will have to serve the Court imposed suspension of 150 days. There is no right to a Maine Work-Restricted license for a second or subsequent OUI suspension.
The steps you need to take to obtain a Maine Work-Restricted Driver’s License are:
- Petition the Maine Bureau of Motor Vehicles (BMV) clearly stating details about your employment.
- When you submit the petition, include your Maine Driver’s License and a $50.00 reinstatement fee.
It is important to keep in mind, that a Maine work-restricted license does not have any impact on the mandatory minimum license suspension time required by the State if you are convicted of the OUI charge.
There is only one place you can drive to and back from with a Maine Work-Restricted Driver’s license – and that is to work and back home. If your work requires you to drive, the Maine Work-Restricted license would allow you to drive for that as well. That’s it. No driving to the grocery store, the mall, or your favorite restaurant. If you are a college student, there is no driving to school for classes. If you have medical appointments, you cannot drive to those either.
As an alternative, Maine does allow a person to install an Ignition Interlock Device (IID) in their vehicle once a portion of the OUI suspension has been served.
- For a first OUI Offense, 30 days of the OUI suspension would need to be served
- For a second OUI Offense, 9 months must be served of the OUI suspension period.
- For a third OUI Offense, 3 years of the OUI suspension needs to be served before eligibility for an IID occurs.
In any OUI scenario, the person must be DEEP compliant prior to installation of the IID.
First Habitual Offender (HO)
If designated as a Habitual Offender (HO), which is three (3) serious motor vehicle criminal convictions in a five (5)-year period, then you could become eligible for a work license after having served 18 months of your license revocation.
In order to apply, the steps you need to take are:
- Petition the Maine Bureau of Motor Vehicles (BMV) clearly stating details about your employment.
- When you submit the petition, include your Maine Driver’s License and a $50.00 reinstatement fee.
I wasn’t read my Miranda Warning. What does this mean for me?
We all know the Miranda Warning from TV: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, an attorney can be provided to you. Do you understand these rights as they have been read to you?”
The suspect at this point must give a clear affirmative verbal answer to the Miranda Warning. However, the story doesn’t end there. If during or prior to questioning, you can exercise your Miranda Rights by telling the police you would like to remain silent and that you would like an attorney. The interrogation will need to cease because of these two statements. However, you will still be required to answer questions about your name, age, and address.
As with all things, there are certain required events, which will cause the police to give a suspect the Miranda warning. Did you know that arrests can occur without the Miranda Warning being explained? If the police later decide to interrogate the suspect, the Miranda Warning needs to be given to the suspect. In cases where public safety is at risk, questions can be asked by the police without the Miranda Warning being given.
As you can see Miranda Rights are not black and white. If you are still unclear, you can call me and we can discuss your situation. Depending on the specific circumstances, Miranda could be in play or at all. Not every interaction with police requires Miranda Rights to be read. Thanks to persistent cutting down of these rights by appellate courts, police are required to read your Miranda Warning to you only when you are in police custody and being interrogated as a potential criminal suspect, also called a “custodial interrogation.” In short, in order for the Miranda warning to be read either:
- The suspect needs to be under arrest
- The suspect is in a situation where a reasonable person would feel they are under arrest. Also the police are questioning you with respect to their investigation.
Thanks to this reduction of the Miranda right, your situation might not require a Miranda Warning. For example, you are not required to receive a Miranda Warning for a roadside OUI stop, or if you freely consent to police questioning during an investigation. There is also another important point to remember, in order to have a statement suppressed under Miranda it needs to be incriminating. This means if you answer with denials and make no admissions, there is nothing to suppress.
On the other hand, if you find yourself in a custodial interrogation, such as if the police questioning becomes accusatory towards you, the police must inform you of your Miranda rights. If they do not, then any incriminating statements you make cannot be used against you at later court proceedings, including a trial. Overall, because Miranda Rights apply under such a narrow set of circumstances, fewer situations require Miranda than the average person might think.
Maine DEEP: Driver Education & Evaluation Program
In Maine, there is only one type of program that offers an evaluative substance abuse and educational sessions to satisfy the administrative requirements related to an OUI driver’s license suspension. The Maine DEEP, Driver Education and Evaluation Program, is the only state-approved program of alcohol education classes. Maine DEEP is Maine’s tactic to prevent repeat OUI offenses and assure public safety.
If you are accused of an OUI in Maine, it is helpful to have a good understanding of Maine DEEP. [Read more…] about Maine DEEP: Driver Education & Evaluation Program
Maine Operating After Suspension (OAS)
Unfortunately in the great state of Maine, the state does not excel at notifying people their Maine driver’s license was suspended. You may be pulled over for a speeding and be surprised to find out you are driving on a suspended license. If you find yourself charged with an OAS, you should be aware that the penalties range from a fine of $250.00 up to $5,000.00 depending upon the charge. Some charges even have mandatory jail time. If you choose to plead guilty to a Maine Operating After Suspension Charge, you will get the added bonus of having your driver’s license suspended by the BMV or the Court, again depending on the specific charge, of Maine Operating After Suspension.
Simply put, Maine Operating After Suspension (OAS) is driving a car while your license is under suspension. To be charged with a Maine Operating After Suspension (OAS), it does not matter how your license was suspended. Having a suspended license can be an extremely stressful and difficult experience. Many people rely on their driver’s license to be able to make a living, and in a State like Maine, most people are not in a situation where they can utilize reliable public transportation when their license is suspended. Therefore, having a suspended license can be a life-crippling event. This fact makes it all the more important to fight the charge in court with an aggressive Maine criminal defense attorney on your side.
If you or someone you know is facing a Maine Operating After Suspension (OAS) charge, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense lawyer. Attorney Nielsen will take the time to answer your questions and put your mind at ease. In this article we will review the Maine Operating After Suspension charge, and what you can do to help your defense.
- How can my driving license be suspended in Maine?
- How can get my Maine Driving License reinstated?
- What is a Maine Operating After Suspension (OAS) Charge?
- Can a driver from another state be charged with a Maine Operating After Suspension (OAS) Charge?
- Are the Maine Operating After Suspension (OAS) Penalties different if a prior drunk driving conviction exists?
- Some ways a lawyer can help with a Maine Operating After Suspension (OAS) Charge
How can my driving license be suspended in Maine?
There are a number of ways that a person’s Maine driving license can go under suspension, including:
- An offense for Operating Under the Influence (OUI)
- Failure to appear at court for scheduled court dates
- Failure to pay fines or child support
- A conviction for Driving to Endanger (DTE)
- Suspension due to demerit points on your driving record, such as for multiple traffic infractions
This list is by no means exhaustive. When a person’s license goes under suspension in Maine, the Court or the Bureau of Motor Vehicles takes physical custody of your driver’s license.
Reinstating Your License
It is important to note after your license was suspended, in order to get it reinstated you need to pay a $50 reinstatment fee. Paying this fee is a pre-requisite for your Maine Driver’s License to be valid.
What is a Maine Operating After Suspension (OAS) Charge?
The Maine Operating After Suspension (OAS) Statute defines a violation as operating a car or other motor vehicle on a public way or parking area when that person’s license has been suspended or revoked. A person charged with a Maine Operating After Suspension (OAS) has not yet been designated as a Habitual Offender by the Maine Bureau of Motor Vehicles (BMV).
The statutory elements of a Maine Operating After Suspension (OAS) charge include that the person was put on notice that their license was under suspension. Some of the ways the person can receive “notice” of their license being under suspension include:
- Having a written notice from the Secretary of State sent to their last known address informing them that their license is under suspension.
- It is important to understand that under the law, a person is “deemed” as having notice if the BMV sends the notice of suspension to the last known address of the person that the BMV has on file. If you have moved and have not updated your address with the BMV, then you cannot claim improper notice as a defense. As per statute, all the BMV is required to do is send the notice of suspension to your last known address and the BMV does not pay to have its mail forwarded to a forwarding address.
- Being informed that their license is under suspension from a law enforcement officer or the Court.
- Otherwise having knowledge of their license suspension
A Maine Operating After Suspension (OAS) charge is a “strict liability” crime.. This means that being charged with an Maine Operating After Suspension (OAS) does not take into consideration the person’s state of mind at the time of the offense. For example, it does not matter whether the defendant “knew” that they were driving on a suspended license, or if the defendant intended to drive on a suspended license. If the person was driving while having a suspended license, it means they have violated the law and are charged with a Maine Operating After Suspension (OAS) charge, period.
A Maine Operating After Suspension( OAS) charge is a Class E misdemeanor. For a Maine Operating After Suspension (OAS) conviction, there are mandatory minimum penalties. Mandatory minimum penalties are the least severe penalties allowed by law upon conviction. They cannot be reduced further or negotiated down by your criminal defense lawyer. The mandatory minimum penalties for a Maine Operating After Suspension (OAS) conviction include:
- First offense Maine Operating After Suspension (OAS)- Mandatory Minimum fine $250.00.
- Second or Subsequent Maine Operating After Suspension (OAS) offenses- Mandatory Minimum fine $500.00.
The maximum penalties for a Class E misdemeanor include up to a $1,000.00 fine and up to six (6) months jail time.
Can a Person from another State be charged with a Maine Operating After Suspension (OAS) Charge?
Yes it is possible to be charged with a Maine Operating After Suspension (OAS) Charge for an out-of-state person to be operating a motor vehicle in Maine with a suspended license. This can happen one of two ways, either their home state suspended their license, or Maine suspended their right to operate a motor vehicle in the state of Maine, and they were stopped while operating a motor vehicle in Maine.
Is the Maine Operating After Suspension (OAS) penalties different if a prior drunk driving conviction exists?
If your license was suspended due to a drunk driving offense, a conviction of Maine Operating After Suspension(OAS) otherwise known as OAS for OUI triggers stiffer mandatory minimum penalties, including:
- First Maine Operating After Suspension (OAS for OUI) after a drunk driving offense– Minimum fine of $600.00, mandatory seven (7) days jail time, and at least one year additional license suspension time.
- Second Maine Operating After Suspension (OAS for OUI) after a drunk driving offense– Minimum fine $1,000.00, mandatory thirty (30) days jail time, and at least one year additional license suspension time.
- Third Maine Operating After Suspension (OAS for OUI) after a drunk driving offense– Minimum fine $2,000.00, mandatory sixty (60) days jail time, and at least one additional year license suspension time.
- Fourth Maine Operating After Suspension (OAS for OUI) after a drunk driving offense– With three or more prior convictions for Maine Operating After Suspension (OAS for OUI) after a drunk driving offense within a 10-year period, Maine Operating After Suspension (OAS for OUI) is charged as a Class C felony. Minimum fine $3,000.00, mandatory six (6) months jail time, and at least one additional year license suspension time.
The maximum penalties for a Class C felony include up to $5,000.00 fines and up to five (5) years jail time. Reinstatement of your license after an Maine Operating After Suspension (OAS) may require that you meet certain obligations to the BMV, such as paying reinstatement fees or requiring installation of an Ignition Interlock Device.
How a Criminal Defense Lawyer Can Help with a Maine Operating After Suspension (OAS) Charge?
Because a suspended license can have such a huge impact on client’s lives and livelihoods, it is essential that I give them the best legal defense possible. Here are some of the avenues of attack an Maine Operating After Suspension (OAS) Criminal Defense Attorney can take in building your defense:
Questions about the stop– In Maine Operating After Suspension (OAS) cases, the incident usually occurs when the defendant is stopped by law enforcement, such as for a broken tail light or expired inspection sticker. Even though this is the most common way that an Maine Operating After Suspension (OAS) is discovered, the officer nevertheless needs a legitimate reason to pull you over.
Questions about Notice– Since Notice is a required element of Maine Operating After Suspension (OAS), were you given the requisite notice in order to become aware that your driver’s license has been suspended? Were you informed by the Court or police officer that your license was under suspension?
Questions about where you were driving– Since an Maine Operating After Suspension (OAS) charge requires that you be operating a motor vehicle on a public way or a parking area, where were you operating your car? Did law enforcement actually observe you operating the motor vehicle or was it based off of a tip?
Questions about the BMV– Did you pay all of your reinstatement fees to the Bureau of Motor Vehicles? Did you pay your fines to the Court? Did the BMV update your information in their system so that law enforcement would read your license as “active”? Your criminal defense lawyer will dig for and find the answers.
Questions about Insurance– In situations involving an SR-22 requirement, was your license suspended for a lack of automotive insurance? Often I find that insurance carriers fail to inform the State that you are insured if you switch insurance companies or renew an insurance policy. This causes more problems then one would think…
Most importantly, even though Maine Operating After Suspension (OAS) is a low level misdemeanor, it does not mean that it would be no big deal if you pled guilty. Multiple Maine Operating After Suspension (OAS) charges on your record could result in a designation as a Habitual Offender (HO) from the BMV. Because the charge affects your ability to drive independently, it is worth the fight.
Unified Criminal Docket Procedure- Portland and Bangor
Even though there is a very narrow situation of a Fourth Maine Operating After Suspension (OAS) charge after a drunk driving conviction in which Maine Operating After Suspension (OAS) is a felony, below I will describe the most common court procedure for an Maine Operating After Suspension (OAS) charge as a misdemeanor.
After being summonsed for Maine Operating After Suspension (OAS) at the Unified Criminal Docket, your first court date is your Arraignment, where the details of the charge are read to you, and you have the opportunity to answer the charge in the form of not guilty. Depending on the town you live in, such as in Cumberland County, Maine, your Arraignment might be at a local District courthouse. After your Arraignment, all remaining court dates would be at the Unified Criminal Docket in Portland.
The next court date at the Unified Criminal Docket is the Dispositional Conference, where the attorneys negotiate a potential resolution to the case without going to a trial. In Maine Operating After Suspension (OAS) cases, often a resolution can be reached at the Dispositional Conference in the form of a plea arrangement. One example of a plea agreement is a Filing. In a Filing, the State sets aside the charge for a period of time, usually for one year, pending the defendant’s good behavior. At the end of the Filing period, and the defendant has stayed out of trouble, then the charge would be dismissed.
In the event that no resolution is reached at the Dispositional Conference, the case would progress to the Motion Hearing, Jury Selection, and Trial. A motion hearing would be held only if there were any pending pretrial issues, such as a Motion to Suppress. If no pretrial issues exist, then the case would move on to selecting a jury and a trial. The role of the jury is a fundamental American Constitutional right- to be judged guilty or not guilty by a jury of your peers at trial. Generally, OAS cases rarely reach the trial stage of the process.
District/Superior Court Procedure, York, Cumberland, Kennebec, etc.
Similar to the Unified Criminal Docket, the first court date for the typical Maine Operating After Suspension (OAS) case at the District and Superior Courts is Arraignment. If the defendant retains a criminal defense attorney before Arraignment, the attorney can appear on the defendant’s behalf at court, or the criminal defense attorney can submit a plea of Not Guilty to the court in advance of your Arraignment.
Depending on the facts of the specific Maine Operating After Suspension (OAS) case, I may have the case stay at the District Court, or I may submit a Jury Trial Request, which requests the case to be transferred to the Superior Court, where a jury trial is available. Similarly, if there are any pretrial issues, such as a Motion to Dismiss or a Motion to Suppress, these would also be submitted for pretrial hearing.
If the Maine Operating After Suspension (OAS) case stays at the District Court, the Bench Trial would be held in front of a Judge. If the Maine Operating After Suspension (OAS) case were moved to the Superior Court, then the defendant’s first court date at the Superior Court would be a Dispositional Conference, similar to the court date at the Unified Criminal Docket. If no resolution to the case is found at the Dispositional Conference, then the case would progress to pretrial motions (if issues exist), jury selection, and trial. At the end of the Jury Selection, 12 jurors and a few alternate jurors are selected, or “impaneled.” A trial is a defendant’s “day in court,” including presentations of testimony and evidence from both sides. Then the case is handed to the jury for a determination of guilt or innocence.
Contact a Maine Criminal Defense Attorney
Dealing with a Maine Operating After Suspension (OAS) charge should not be taken lightly. It is a quick slippery slope and suddenly your future is at risk. It is important that you take swift action to have an advocate counsel you how to navigate the Maine legal system and assure there is minimal impact to your future. There are proven strategies to defending Maine Operating After Suspension (OAS) charges. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare your defense. Effective action taken by a skilled Maine criminal defense lawyer as soon as the charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any additional charges from being filed. Whether the first Maine Operating After Suspension (OAS) is due to drunk driving, failure to pay child support or being convicted of driving to endanger, it is imperative that you contact our firm as quickly as possible after the arrest.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with a Maine Operating After Suspension Charge, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed this article on Maine Operating After Suspension Charges (OAS), you may also want to read:
Ignition Interlock Device in Maine
We are a society in which being able to drive is a necessity. However according to the state of Maine driving is still a privilege. When convicted of an OUI in Maine, the accused’s driving privileges will be suspended. The amount of time which the offender’s driving privileges are suspended can range from 150 days to 6 years depending upon the Maine OUI Charge. [Read more…] about Ignition Interlock Device in Maine
Maine DUI Defense Attorney Chris Nielsen: DUI Defense
I am an experienced drunk driving criminal defense, attorney in Maine. I have handled many drunk driving cases all across Maine over the past decade. Below I am sharing a Maine DUI Defense Attorney’s perspective of defending Maine’s DUI law. This article contains information regarding Maine DUI Laws, penalties and a Maine DUI Defense Strategies. If you find yourself charged with a Maine DUI, the good news is that while the charges are serious, a seasoned Maine DUI Defense Attorney may be able to identify issues with the evidence. Even though Maine DUI cases seem simple, these cases have a lot of nuances from interpreting the Maine statutes to reviewing the forensic evidence. A Maine DUI charge is serious and carries significant penalties if convicted. The role of the District Attorney or prosecutor is to prove the State’s case against you beyond a reasonable doubt. [Read more…] about Maine DUI Defense Attorney Chris Nielsen: DUI Defense
Maine Civil and Criminal Court Procedures
If you are a part of a civil case in Maine, the court is the Maine District Court or the Maine Superior Court. If you are accused of criminal charges in Maine, your case is heard at the Maine Unified Criminal Docket. I am a licensed Maine Lawyer who can help you in both types of cases. Regardless if you are facing civil matters or criminal charges in Maine, it is a good idea to understand how Court procedures work.
The Most Widely Used Court Procedure in Maine
If you are facing criminal charges in Maine, the Court procedure will be the Unified Criminal Docket, and I have a separate article that describes that procedure in detail.
District Court Locations
Within Maine, there are one or more District Courts within each county. Maine District Courts hear civil matters including Protection from Abuse (PFA) and Protection from Harassment (PFH) cases, family law cases including divorce and Parental Rights and Responsibilities (PR&R), Landlord/Tenant matters including eviction and Forcible Entry and Detainer (FED), Small Claims, and civil violation matters, among others. Juvenile criminal charges are also technically under the umbrella of the Maine District Court. Cases in the District Court are heard in front of a Judge.
In Maine, there are District Courts located in the following towns: Augusta, Bangor, Belfast, Biddeford, Bridgton, Calais, Caribou, Dover-Foxcroft, Ellsworth, Farmington, Fort Kent, Houlton, Lewiston, Lincoln, Machias, Madawaska, Millinocket, Newport, Portland, Presque Isle, Rockland, Rumford, Skowhegan, South Paris, Springvale, Waterville, West Bath, Wiscasset, and York.
Superior Court Locations
Each County in Maine typically has one Superior Court location. Maine Superior Courts are where larger civil action claims begin. Examples of civil causes of action in Maine include personal injury, negligence, and many others. A civil case of this type also include damages, which is compensation for the injuries incurred.
Maine Superior Courts located in the following Counties: York (Alfred), Androscoggin (Auburn), Kennebec (Augusta), Penobscot (Bangor), Sagadahoc (Bath), Waldo (Belfast), Aroostook (Caribou and Houlton), Piscataquis (Dover-Foxcroft), Hancock (Ellsworth), Franklin (Farmington), Washington (Machias), Cumberland (Portland), Knox (Rockland), Somerset (Skowhegan), Oxford (South Paris), and Lincoln (Wiscasset).
About Maine District Courts
Maine District Courts are busy places that handle a broad range of cases, and so court dates tend to be full and crowded. Attending court by yourself can be intimidating. Even if your case is being heard at the District Court, it is a smart plan to have a criminal lawyer represent you.
For criminal cases in the Unified Criminal Docket where I spend most of my court time representing clients, here is a general overview of court procedure.
Arraignment
After a person’s arrest on a misdemeanor charge, the case would be reviewed by a Bail Commissioner, who sets bail. Bail can be cash (secured) or on personal recognizance (PR). On your Summons or bail bond should be an Arraignment date, which is your first court appearance. If the defendant retains a criminal defense lawyer ahead of the Arraignment date, the attorney can submit a plea of Not Guilty in writing on the client’s behalf, and the client would not have to attend Arraignment in person.
If facing a felony criminal charge, the first court appearance must be in person and is called an Initial Appearance. A felony Arraignment cannot occur until a Maine grand jury issues an Indictment. In Maine, the State has up to three grand jury cycles, or six months, to issue an Indictment.
Dispositional Conference
Criminal cases in the Unified Criminal Docket have a Dispositional Conference, which is where the District Attorney’s Office and Defense Counsel meet to determine if the case will be resolved by a plea agreement or go to Trial. At a Dispositional Conference, there can be a meeting with the Judge or Justice to help the parties come to an agreement. If no agreement to resolve the case is reached, then the case progresses to further court dates.
Motion Hearings
Some common pretrial motions include:
Bail Modification Hearing
A Motion to Modify Bail requests that bail conditions be changed or modified so that the defendant can meet them better. A bail modification request can take place at any time, but bail modification motions tend to be heard early in the case. Often, the Court sets a specific date for Bail Motion Hearings.
Motion to Dismiss
If I feel that the State’s complaint is deficient or the State cannot meet its burden as a matter of law, then I can file a Motion to Dismiss, asking the court to drop the case against my client. Here is an example of a case that I got a criminal case dismissed from a Motion to Dismiss.
Motion to Suppress
If the police reports show that some evidence against my client might have been seized in violation of their constitutional rights, then I would submit a Motion to Suppress, asking the court to not allow the questionable evidence to be entered at the Bench Trial.
In either case, the motion hearing is held before a Judge, who hears arguments from both attorneys and then issues a determination. After the Motion Hearing has been completed, then Trial may move forward.
Docket Call
Docket Call is the last opportunity for the District Attorney and Criminal Defense Lawyer to reach a potential plea agreement. If no acceptable resolution is reached at Docket Call, then the case would progress to Jury Selection and Jury Trial.
Jury Selection
A jury is made up of 12 jurors, who are selected randomly from the community. The role of the jury is a fundamental American Constitutional right- to be judged guilty or not guilty by a jury of your peers. At Jury Selection, the Judge will discuss jury service to the group of potential jurors, and then the selection process of questioning potential jurors begins. The Justice may ask questions, and the attorneys may submit questions to the Judge to ask the potential jurors, either as a group or individually. The purpose of questioning potential jurors is to determine if there are reasons why any juror cannot be fair about the case, or if any potential juror has a personal interest in the case. If for one reason or another the attorneys do not see particular individuals as the right fit, then those potential jurors would be challenged.
At the end of the Jury Selection, 12 jurors and a few alternate jurors are selected, or “impaneled.” These jurors and alternates are given the Juror’s Solemn Oath, and the Trial can begin.
Trial
A trial is a defendant’s “day in court.” A trial is a formal court proceeding, including opening statements from both attorneys, each side presenting its case, including presenting witness testimony and physical evidence, and evidentiary objections are made and ruled on. After each side presents its case, closing arguments are presented to the jury. Before the jury is handed the case for a determination, the Judge will read what are called Jury Instructions, which outline any legal principles the jurors need to know to decide the case. Finally, the jury deliberates and comes to a final determination whether you are guilty or not guilty.
Please touch base with me about your case. I guarantee you will feel better.