Maine Attorney specializing in OUI, DUI and Criminal Defense

No one likes going to court. It is inconvenient, a hassle, and a frustrating experience. Often during this time, some of your poorest decisions are held up to public scrutiny. We all have times we did not make the best decision, and we want just to get the consequences over with & start moving on with our lives. That’s a normal human reaction. Getting this situation resolved quickly by pleading guilty is often not the best way to protect your future. Pleading guilty may turn out to be another big mistake due to how a conviction can affect the rest of your life. Let’s take a look at what the impacts are for pleading guilty. As a starting point my general advice on pleading guilty is to make the decision with your Maine Criminal Defense Attorney and not alone.

you are considering pleading guility, here are some things you should consider:

• What does it mean to “enter a guilty plea” to a criminal or civil violation / traffic charge?
• When does one enter a plea?
• Pleading guilty will not resolve your problems faster<
• Why would one consider pleading guilty?
• Pleading Guilty Myth #1 – Quickly get this done and gone
• Pleading Guilty Myth #2 – Cooperation will bring a reduction in sentencing
• Pleading Guilty Myth #3 – The police caught me red-handed and I have no choice
• Pleading Guilty Myth #4 – Going to court is too much hassle
• Is there anything I should do before pleading guilty?
• Benefits of Pleading Not Guilty
• How a lawyer can help

What pleading Guilty to a criminal or civil violation / traffic charge actually means

A plea is your formal response to a criminal or civil violation / traffic charge. A person accused of a criminal or civil violation / traffice offense is called the defendant. The defendant has a choice of several responses – pleas of Guilty, Not Guilty, or Nolo Contendere. Pleading guility means you admit you committed the crime with which you have been charged and it is formally noted in the court’s official file by the judge. Pleading guilty always results in a criminal conviction.

When one enters a plea in the court process

Your Arraignment is the court date where the details of the charge are read to you, and you have the opportunity to enter an answer to the charge in the form of Not Guilty, Guilty, or Nolo Condendere, or “No contest.” A plea of “nolo” has the same effect in criminal cases as pleading guilty. In misdemeanor cases, your Arraignment is your very first court appearance. At your Arraignment, the District Attorney often has an offer prepared that you can accept by pleading guilty. The District Attorney or prosecutor might claim; “his is our best offer” and suggests that you should take a plea deal then and there. As a result, some might get scared and take the District Attorney’s advice. However, I can assure you that the first offer at Arraignment is seldom the best offer the District Attorney is capable of presenting. There is almost always room to negotiate a better resolution, and one way to achieve this is to have legal counsel. Moreover, by pleading guilty at Arraignment, the District Attorney does not have to prove its case against you. Why do the work of the District Attorney for them? Instead, at Arraignment, as opposed to pleading guilty, instead plead Not Guilty and hire a criminal defense lawyer who will fight the case.

Pleading Guilty Will Not Resolve Your Problems Faster

Occasionally I encounter people charged with serious crimes or have facts that are in their favor who ask me “won’t it just be quicker if I plead guilty?” My answer is always an emphatic “no.” Being in a rush to pleading guilty is a shortsighted action that inevitably leads to unexpected and unpleasant penalties and collateral consequences. In other words, pleading guilty at the wrong time will only make your problems worse, not make them go away any faster.

Pleading guilty results in a criminal conviction. Criminal convictions can be quite serious, and they can carry significant penalties and collateral consequences. Once on your record, criminal convictions are permanent, and there is no such thing as expungement in Maine. In Maine, criminal convictions do not disappear from your record as time passes. They just remain there on your record for your entire adult life.

A good way to think about the court case and the criminal conviction is like the tip of an iceberg and an iceberg. The court case is just the tip of the iceberg. The iceberg, which you want to avoid at all costs, is the criminal conviction.

Why would you consider pleading guilty?

Quite often we consider the risks and rewards in life. Is it worth being late to work today, because little Sally missed the school bus and needs a ride to school? Naturally we consider the ease of pleading guilty with the hassle, time, and embarrassment of court. For example, consider your last speeding ticket. You may have chosen to pay the fine by mail instead of going to court. The outcome was quicker, however the increased insurance rates sure aren’t cheaper. This scenario is one example of how pleading guilty can be the easiest way to quickly resolve a case, however most likely the continuing higher insurance rates and other consequences show it may have been best to have an advocate represent you. With even more serious charges this scenario holds true, if you are considering pleading guilty it is best to talk with a lawyer first and know all the consequences and impacts of that decision before you make it.

Pleading Guilty Myth #1 – “Get it Over With”

Sad but true, the old phrase holds true that “haste makes waste.” Impatience which leads to pleading guilty will result only in making your overall situation worse. While pleading guilty completes the case quickly, the charge stays and its punishment comes faster. In the long run, criminal charges on your record have a lasting impact on your ability to keep your job or land a new job. If the conviction is for a driving-related criminal charge, the conviction could be counted towards an overall calculation of Habitual Offender status.

Pleading Guilty Myth #2 – “Cooperation will bring a reduction in sentencing”

Some may believe that if they “cooperate” with authorities that it will work out better for them. Unfortunately, you do not get any good citizenship points by pleading guilty just to avoid being disagreeable. The truth of the matter is this when dealing with the courts. You are not unique. Who you are is based upon the crime charged against you.   The Judge has a long list inform of him and scant time to complete it. As long as you appear to understand your rights, and what you are doing, the Judge will be more than happy to accept your guilty plea and sentence you. The Judge does not care about any collateral consequences that may impact you because of your guilty plea so long as it was made knowingly, voluntarily and intelligently   Pleading Guilty leaves the Judge with no option but to agree that you are guilty. The Judge does not get the opportunity to find out the truth of what really happened because that is what a trial is for. However, all the Judge can do is agree and sentence you according to the Maine Statutes. Several Maine Laws have mandatory minimum sentences, which means if convicted you will be sentenced with what is required by the mandatory minimum punishment of that particular charge.

Pleading Guilty Myth #3 – The police caught me “red-handed”

Sometimes, law enforcement can do a rather good job convincing people that they “did it” and that they should just “fess up.” However, it is not the role of law enforcement to determine your guilt. It is the role of the District Attorney to press charges, and it is the role of the Judge or Jury in a trial to determine whether you are guilty or not guilty. It is the role of the Criminal Defense Attorney to reveal reasonable doubt and prove your innocence. Moreover, the Fifth Amendment protects against self incrimination. If you are pleading guilty, then you are incriminating yourself for no good reason.

Let’s also be frank, circumstance in life are rarely black and white. If you think the police have an iron-clad case against you, talk to an expert in the field about it. Most likely you will begin to realize instead of everything being black and white, there are a lot of shades of grey. Here is an example of a case where my client felt the State had him, and he was thinking about pleading guilty. He retained me, and you can see how it turned out for him.

Pleading Guilty Myth #4 – Going to Court is Too Much Hassle

If you believe that going through the court process is too much hassle, the hassle you live with will be much greater if you have a criminal conviction on your record. Criminal charges, felonies or misdemeanors, need to be disclosed to potential employers and schools that you apply to. Depending on the employer, some will not hire you if you have certain criminal charges in your record. In job interviews, employers are also well within their rights to ask you about your past criminal convictions, such as what happened and what was the outcome. Some criminal convictions (sex offenders) have implications limiting where you can live and require reporting to various agencies when you move. Also, some criminal charges can limit your ability to travel abroad. Furthermore, criminal convictions can have a serious negative impact on your ability to hold a professional license or to earn a living from a professional license. Now you tell me what is more of a hassle: attending a few court dates over a few months or a lifetime of limitations on your ability to live and work?

Is there anything I should do before pleading guilty?

Truthfully, if you are determined to plead guilty to any offense, the best thing you can do is to discuss this decision with a lawyer first. A lawyer can counsel you on the consequences of pleading guilty to a particular offense. Probably the biggest mistake that people could make is to not talk to an attorney first. Not only would it be a hasty guilty plea, but an uninformed one as well. Sometimes I get calls from people who, after they were in a hurry to plead guilty, found themselves in a precarious or compromised situation as a result of the guilty plea, such as having their driver’s license suspended or revoked. After pleading guilty and being sentenced, your case is over and your plea is finalized. Generally you do not get take it back, except in very limited situations and only by permission of the Court, which is very difficult to get. (For example here is a situation where I was successful at withdrawing a client’s plea, but this is the exception rather than the rule). In sum, you should save yourself the hassle and only ever plead guilty under the specific and informed advice of a criminal defense lawyer. Your criminal defense lawyer has the expertise and knowledge to inform you exactly what kind of impact a conviction would have on you in advance. If you find that your life or livelihood would be too severely impacted by a guilty plea, then you would continue to fight the case.

Benefits of Pleading Not Guilty

In contrast to the risks of pleading guilty too hastily, here are some of the benefits you will experience by pleading Not Guilty and hiring a Maine Criminal Defense Attorney lawyer to defend your case.

• You Get to examine the State’s Case
• You Get to Assert your Constitutional Rights
• You Get to Cross-examine the State’s witnesses against you
• You Get to Present Facts that would Mitigate any Potential Sentence
• You Can Get a Better Negotiated Plea Offer
• Your case may be dismissed
• You can be found Not Guilty at Trial

How a Criminal Defense Attorney Can Help

My rule of thumb is to never, ever plead guilty unless you are doing so under the advice of counsel and you are fully informed that it is in your best interest to do so, and not before. Your freedom is at stake, it is necessary that an experienced criminal defense lawyer represent you and fight for your rights.  If you or someone you know is considering pleading guilty to a criminal charge in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced Maine criminal defense lawyer.  Attorney Nielsen will answer your questions and put your mind at ease as we begin to determine your best defense strategy.

If you enjoyed reading this article on pleading guilty, you may also want to check out:

• The Court Process for Maine OUI Laws
• Bail in Maine

In Maine, both Cumberland County and Penobscot County have the criminal court organized as a Unified Criminal Docket. For these counties, the District and Superior courts were made into a single court. Are you aware of how this change impacts your rights when dealing with court proceedings? Let’s examine what the unified criminal docket means to you and your case.

Purpose of the Unified Criminal Docket

According to legislative intent, the purpose of the Unified Criminal Docket is to move all criminal cases more efficiently and more uniformly through the legal process. Instead of having the District/Superior Court separation, in which some criminal cases are resolved at the District Court and others resolved at the Superior Court, all criminal cases move through the same court at the same location. That is what makes this docket “unified.” It basically removes duplicative paperwork and clerical processing which was needed to transfer cases between the District and Superior Court.

The good news for you is since the Unified Criminal Docket has been in place, criminal cases have moved through the system at a quicker pace. This prompt resolution of cases supports the goals of efficiency and judicial economy. It is also a less expensive cost to the State.   Given the success of the District and Superior court unification, it is likely that Maine will be expanding the Unified Criminal Docket to other counties.

Location of the Unified Criminal Docket

Currently, the Unified Criminal Docket is only at the Cumberland County Courthouse in Portland and the Penobscot County Courthouse in Bangor. Other high-volume county Courts might be next to implement the Unified Criminal Docket.

Unified Criminal Docket Court Dates

Initial Appearance

If you are charged with a Felony in Maine, your first court date is an Initial Appearance. Under the Fifth Amendment to the United States Constitution, you have the right to be indicted by a grand jury of a felony crime. The State has up to six (6) months, or three grand jury cycles, to indict you with a felony. You first need to be Indicted by a grand jury of a felony before you can be Arraigned. If the State fails to indict, then they cannot proceed against you with a felony.

Arraignment

If you are charged with a misdemeanor, your first appearance at Court is an Arraignment, where the details of the charge are read to you, and you have the opportunity to answer to the charge. Depending on the town you live in Cumberland or Penobscot Counties, your Arraignment might be scheduled to take place at a local District Court, but after Arraignment all remaining court dates would be held at the Unified Criminal Docket, which is usually at the County Court Complex.

At Arraignment, the Court must go over your rights as a criminal defendant. In many instances, this means viewing a short video that gives an overview of these rights. Also, the police reports and other discovery from the State can be made available. If there are any issues pertaining to your bail, it is possible to address these concerns at Arraignment.

Dispositional Conference

The Dispositional Conference is the first of the court dates that are scheduled in advance at the Unified Criminal Docket. The Dispositional Conference take the place of what is called the “Docket Call” at the Superior Court. The purpose of the Dispositional Conference is for the Defense Counsel and District Attorney to speak to one another to see if they can reach a resolution to the case without going to a trial. Theoretically, the District Attorney is supposed to present their “best offer” at the Dispositional Conference. As a Maine criminal defense lawyer, I sometimes find that this is not necessarily the case.

During the attorney negotiation, if no agreement is reached that is acceptable to the defendant, then the Dispositional Conference requires that the attorneys conference with the Judge in chambers. In this conference, the Judge puts pressure on both parties to reach an agreement. If no agreement can be worked out with District Attorney after conference, then the Court will set the matter for a pretrial motion hearing date (if there are any pending pretrial motions) as well as for trial exposure.

Motion Hearing

If any pretrial motions were filed in the case, which are due within 24 hours of the Dispositional Conference, then the next court date would be the Motion Hearing, which is a pretrial Unified Criminal Docket court date. By far, the most common pretrial motion is a Motion to Suppress.

Motion to Suppress

A Motion to Suppress requests that any evidence obtained in violation of the defendant’s constitutional rights be suppressed from (kept out of) evidence at trial. At the Unified Criminal Docket, a Suppression Motion is due 24 hours after the Dispositional Conference. At the Motion Hearing for the Motion to Suppress, often referred to as a Suppression Hearing, the District Attorney argues that the questionable evidence was obtained properly, and thus should be admissible into evidence at trial. The Criminal Defense lawyer argues that the evidence should not be used against the defendant because it was obtained illegally. After the Suppression hearing, the Court issues a determination whether or not the evidence can be used at trial.

As well as an opportunity to argue issues to be suppressed, the Suppression Hearing offers an opportunity for the criminal defense lawyer to discuss the case with the District Attorney to attempt to reach a favorable resolution for the defendant.

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 dismissed from a Motion to Dismiss.

Trial Exposure

If no pretrial motions are filed, then the case progresses directly to the Trial Exposure dates, which is a 2-week period prescheduled by the Court. Both the Jury Selection and Trial dates are supposed to occur during the trial exposure period.

Jury Selection

Most people know that 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.   Generally, I find that the best offer from the District Attorney can be reached when the District Attorney is examining the jury pool and looking at preparing for trial.

At Jury Selection, the Judge will discuss jury service to the group of potential jurors, and then the selection process of questioning the potential jurors. The Judge 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 individual 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 they would be excused.

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 very 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.

The term nolo contendere, or “nolo” for short, means that you are pleading “no contest” to criminal charges. By pleading “nolo,” you also are indicating that the State has enough evidence against you to convict you, but that you are not disputing this point. Hence, “no contest.”

In application, many people misunderstand what nolo contendere is and what it means when you enter a “nolo” plea at Court. Some people might think of pleading “nolo” as a quick and easy way out of a criminal case. However, this is not what nolo contendere is. Pleading “nolo” can carry its own collateral consequences, just like a guilty plea. It is essential for an accused person to understand what pleading “nolo” means for him or her individually before deciding to plead “no contest.” Here are some common questions about “nolo” and one criminal defense attorney’s perspective on when to contemplate “nolo.”

Is pleading “Nolo” the same as pleading “Not Guilty”?

Pleading “no contest” is not pleading “Not Guilty.” Only pleading “Not Guilty” is pleading “Not Guilty.” If you do not wish to enter a guilty plea, then you must plead Not Guilty to fight the charges. Pleading “nolo” will not result in a dismissal of the criminal charge or make the charge go away by any means. By entering a Not Guilty plea, you are not being disagreeable or confrontational. The Court will not hold a Not Guilty plea against you.

You are acting well within your rights to enter Not Guilty at Court, even if you think that the police “got you” in their police report. The State’s attorney’s job is to prove beyond a reasonable doubt that you committed a crime. The Not Guilty plea simply asks the District Attorney to fulfill their role in the justice system. The surest way to resolve the criminal charges favorably is to fight the case with the representation of legal counsel.

Is pleading “Nolo” the same as pleading “Guilty”?

Technically, pleading “no contest” and pleading “guilty” are not the same. However, the effects of pleading guilty and pleading “no contest” are the same. In both cases, you would be convicted of the criminal charge against you. Criminal convictions are added to your permanent adult criminal record, which can be viewed in criminal background checks. In this way, pleading “nolo” will not make the criminal charges go away. Depending on the criminal charge you were facing, there could be significant consequences outside of the charges going on your record.

The situation in which the difference between “Guilty” and “no contest” matters the most is whether the accused also expects to face civil liability (i.e. damages) in connection with the criminal charge. In these circumstances, a plea of “guilty” would be considered an admission to civil liability, while a plea of “nolo” would not. As a result, a “nolo” plea to a criminal charge cannot be used against you later in a civil case as an admission of liability.

Should I ever plead nolo contendere?

The short answer is that it depends on your individual circumstances whether or not you should plead no contest. If you do plead no contest, it should be only under the advice of a criminal defense attorney. In other words, never plead “nolo” alone.

Are there any benefits to pleading “Nolo”?

Whether there are any benefits to entering a plea of “no contest” instead of “guilty” depends on the unique facts and circumstances of your individual case. In one instance, pleading “nolo” would benefit you by helping you avoid civil liability (i.e. damages) that might be connected to the criminal charges. For example, in a criminal case involving a charge for Assault, there is the criminal penalty. If the defendant had pleaded guilty that person could also face potential civil liability for the victim’s injuries, including medical bills. In contrast, if the defendant has pleaded nolo, that person could not be used to show admission to civil liability for the victim’s damages. Your criminal defense lawyer would be able to identify whether or not pleading no contest might benefit you.

Contact a Maine Criminal Defense Attorney

If you or someone you know is facing criminal charges and has questions about nolo, 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:

• Our recent proven case results
• Client testimonials from our service

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 Nolo Contendere Pleas, you may also want to read:

• Assault in Maine

Assault in Maine can be charged if you have intentionally hurt someone else or if your contact with another person was considered offensive.  Needless to say, the second part is a bit vague.  It equates to the district attorney being able prove that any reasonable person would have been offended by the contact.  In most cases, the charge of assault in Maine is a misdemeanor.  However, if the accused has prior convictions, used a weapon, inflicted severe injuries, or exhibits extreme indifference to the value of life, the charge may be increased to aggravated assault, which is a felony in Maine.  As you can see, the weight of consequences depends upon several circumstances.  The least serious form of assault in Maine is a class D misdemeanor with a maximum penalty of up to a year of jail and/or a $2,000.00 fine and a minimum penalty of a $300.00 fine. Maine’s assault statutes (17-A MRSA § 207 through 208-C) provide a good overview of the legal nuances. Depending upon the circumstances of the crime, the charge may be more severe which causes the fines and incarceration time to increase.

Let’s take a moment to examine what a person charged with assault in Maine can anticipate and what they can do to help in their defense.

1. Defining Assault in Maine
2. Classifications and Penalties for Assault in Maine
3. How a criminal defense attorney can help
4. Understanding the court criminal process for Assault cases

Definition of Assault in Maine

Assault in Maine generally can be described as any form of physical contact that is offensive, is likely to cause injury, or in fact causes injury to another person.  In practical terms, this charge of Assault in Maine can include a wide variety of actions from hitting, punching, and kicking, to grasping a hold of someone’s arm.  The offensive physical contact does not have to leave a mark in form of a cut or a bruise in order for it to be considered an assault.  There are different types of charges for Assault in Maine.

One common thread among all of the various types of charges for assault in Maine is that they all consider the person’s state of mind when the incident occurred.  The state of mind of the accused is considered to determine intent.  Did the accused understand their actions or did the accused intend to take the actions committed in the assault.

Assault in Maine has three degrees of severity – Assault, Aggravated Assault, and Elevated Aggravated Assault.  There is also special consideration given to assault which occurs while hunting.

Assault

Maine statute 17-A MRSA §207 governs simple assault.  The elements of this charge include that the person “knowingly or recklessly” caused the physical harm or offense on the victim.

Simple assault is considered a Class D misdemeanor.  However, if the person commits the simple assault on a minor child under the age of 6 years old, the assault is aggravated to a Class C felony.

Aggravated Assault

A simple assault can be aggravated to a charge of Aggravated Assault, 17-A MRSA §208 when the assault involves the following factors:

• Committing the assault with the use of a dangerous weapon
• If the assault causes serious bodily injury to another
• If the nature of the assault exhibits an “extreme indifference to the value of human life,” such as:
  • The number of injuries
  • The manner of how the injuries were inflicted
  • The use of strangulation

Aggravated Assault is considered to be a Class B felony.

Elevated Aggravated Assault

A simple assault can be aggravated to a charge of Elevated Aggravated Assault, 17-A MRSA §208-B, when the assault involves the following factors:

• “Intentionally or Knowingly” committing the assault with a dangerous weapon
• If the assault causes serious bodily injury with the use of a dangerous weapon and is conduct that evidences a “depraved indifference” to human life
• If the assault causes serious bodily injury with “terroristic intent”

Elevated aggravated assault is considered a Class A felony, which is the most severe class of crime in Maine.

Assault While Hunting

In Maine, there is a special category of assault reserved for hunting accidents called Assault While Hunting, 17-A MRSA §208-A.  If during the course of hunting wild game or game birds, such as deer or partridge, the hunter assaults another person with a dangerous weapon, such as a shotgun, rifle, or arrow, it is considered assault while hunting.

Unlike the other types of assault charges, the state of mind element in this charge only requires that the person acted with “criminal negligence” as opposed to intentionally or recklessly causing harm.

Assault while hunting is considered a Class D misdemeanor.

Penalties for Assault in Maine

In cases of Assault in Maine, the penalties depend on the class of the crime upon conviction.  Here are some of the maximum penalties for each class of crime:

• Class D misdemeanor– Up to $2,000.00 Fines, Up to 364 days jail
• Class C felony- Up to $5,000.00 Fines, Up to 5 years jail
• Class B felony– Up to $20,000.00 Fines, Up to 10 years jail
• Class A felony– Up to $50,000.00 Fines, Up to 30 years jail

For assault while hunting, in addition to the criminal conviction, the person would potentially lose their hunting license.

How a Criminal Defense Attorney Can Help

Because Assault in Maine is a charge that ranges from a D misdemeanor to an A felony, there could be a lot of room for a Criminal Defense Attorney to advocate for a less serious charge.  When looking to hire a criminal defense attorney, here are some things to consider:

Does the Criminal Defense Attorney Look into any possible violations of your constitutional rights?  Because assault in Maine cases can often involve a confession from the accused obtained in the police investigation, it is vital that any such confession be obtained in such a way as to respect your constitutional rights.  This means being read your Miranda rights while you are in police custody before any such confession is made.  If the confession was obtained in violation of your constitutional rights, then your Assault Defense Attorney can push to have the confession excluded (suppressed) from evidence.

Does the Criminal Defense Attorney Look to Cross-Examine the Reporting Witnesses Aggressively?  Because assault cases often rely upon eyewitness accounts, it is important that the State’s case be tested by cross-examining the reporting witnesses at trial for any inconsistencies in their testimony or previous statements.

Does the Criminal Defense Attorney explore all possible defenses for your case?  In criminal cases, there are certain arguments called “affirmative defenses” which can be applied at court to fight the charge.  A good example of an affirmative defense is to argue for “self-defense” in a case of assault in Maine.

The Criminal Court Process for charges of Assault in Maine

For Assault in Maine cases, they follow a criminal court process.  This process typically starts with an arrest for assault in Maine.

Arrest for Assault in Maine

An arrest for an assault in Maine does not always happen with the accused being caught “red-handed” by law enforcement.  Usually, there is a report submitted to police about the incident taking place, either by the injured victim or eyewitnesses.  If the assault required the victim to receive immediate medical attention, medical personnel can report the assault to police.

In my practice, most often a case of assault starts with an incident report to police, afterwards the police  arrest the accused for assault in Maine based upon evidence contained within that report.  Next the police take the accused to the police station for questioning.  Through interrogation, the police will attempt to get the accused to confess to what the police believe happened.  If you ever find yourself being interrogated by police, and they are trying to get you to confess to a crime, do not incriminate yourself.  It is your constitutional right to not incriminate yourself by remaining silent.  While I can understand that it is the normal thing to answer questions when someone asks you something, here your freedom that is on the line.  Your best course of action is to  simply tell  the police that you do not want to answer any questions without a criminal defense attorney present, and then say nothing else.  In other words, stop talking.

Arraignment for Assault in Maine

Depending on whether you are being charged with a misdemeanor or a felony, you would either have to come to Arraignment as noted on your Summons, or you would be brought to an initial appearance in front of a Judge.  An Arraignment is for the purpose of having the charges read to you, and for you to answer to the charge in the form of Not Guilty.  If charged with a felony, you would first need to be indicted by a grand jury before being arraigned.

Dispositional Hearing on Assault in Maine

Because cases based upon assault in Maine often depend upon eyewitness testimony to identify the accused, as a criminal defense lawyer one of the resources I like to use is a private investigator, or PI.  A private investigator can investigate further to see if any of the witnesses have changed their stories over time.  It can be very significant if an eyewitness seemed sure of what they saw at the time of the incident, but now is not so sure of what they saw.  Based on the private investigator’s report, this could a basis to encourage the State’s Attorney to offer a more favorable resolution to the case at the next court date, which is the Dispositional Hearing or Docket Call.

After the Dispositional Hearing come any pretrial hearings, such as a Motion to Suppress.  A Motion to Suppress requests that any questionable evidence obtained in violation of the accused’s constitutional rights be excluded from evidence at trial.  The Motion to Suppress is filed by the criminal defense attorney, and the Court sets a hearing date.  At the Suppression Hearing, the attorneys argue to the Judge, and the Judge makes the final determination whether the evidence can be used at the upcoming trial.

Trial for Assault in Maine

A trial is what most people think of when they think about having their “day in court.”  An essential part of the State’s argument at Trial would be putting the Assault victim on the stand to tell the jury how the defendant caused their injuries.  Any witness on the Stand is subject to cross-examination by the other side.  As a criminal defense attorney, it is my responsibility to cross-examine all of the State’s witnesses for any potential inconsistencies and to bring these inconsistencies in front of the jury.  As a defendant, you have the right to choose whether or not you want to get on the stand at trial to testify on your own behalf.  Ultimately, it is up to the jury whose testimony they find to be most compelling.

Contact a Maine Criminal Defense Attorney

In situations like these, the stakes are high.  It is important that you take swift action to have an advocate counsel you on the Maine legal system.  There are proven strategies to defending assault in Maine cases. The sooner our legal team becomes involved in the 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 criminal defense lawyer before charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any charges from being filed. Whether the assault charge involves Domestic Violence (DV), use of a firearm or in any other way results in an aggravated charge, 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 assault in Maine, 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:

• Our recent proven case results
• Client testimonials from our service

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 Assault in Maine, you may also want to read:

• Assault is a Violent Crime in Maine

Within Maine, almost all accused of a crime have the right to bail.  Studies have shown if you can bail yourself out, you improve your ability to resolve your case with a favorable outcome.  Unfortunately having the right to bail does not equate to every accused being released on bail before trial.

Let’s take some time to review the details of Bail in Maine. Particularly focusing upon what you need to know to exercise your right to bail, and how not to violate Bail in Maine.

1. What is Bail in Maine?
2. Why is Bail in Maine important?
3. What are the Terms for Bail in Maine?
4. How is Bail set in Maine?
5. What happens if I cannot make bail in Maine?
6. What are the differences between Post-Conviction and Pre-Conviction Bail in Maine?
7. Can I get my bail refunded to me?
8. How can I reduce my Bail conditions?
9. What are the conditions which violate my bail?
10. How can a Maine Criminal Defense attorney help?

What is Bail in Maine?

In our legal system, if someone is accused of a crime, they are innocent until proven guilty.  However, they are in the precarious situation of being suspected of wrong-doing.  If you have been arrested and charged with committing a crime, it is possible for the State to hold you in jail while the charges are pending.  Since a trial can often be a long way off, even in a “speedy” criminal proceeding, it is in the your best interest to get “out on bail” as soon as possible.    The Maine bail code is located at Title 15, Chapter 105-A.

Bail in Maine is used to describe the set of conditions which you agree to follow in order to remain free pending trial.  If you are out on bail before trial, this is known as “pre-conviction bail.”  If you are on bail while awaiting a prison sentence after being convicted or a waiting sentence, that is known as “post-conviction bail.”

Why is Bail in Maine Important?

Bail in Maine is important because it can help you in the ultimate outcome of your criminal case at Court.

Being released on bail in Maine, will provide you with opportunities not available while incarcerated and awaiting trial.

Bail in Maine

1. You are able to have private access to your attorney at his office – Jails can lack in privacy.  The interview stalls are setup up side by side.  Several other attorneys may be meeting with their clients at the same time.  Needless to say jailhouse conference rooms are an awkward setting to review audio or video evidence.  Additionally you will be able to have a private appointment or phone call with your attorney when you are released on bail in Maine.
2. You prove to the state you can follow conditions – The state carefully examines what you do with your time when you are on bail.  How well did you follow the conditions?  Did you take the opportunity to improve yourself?  Did you end up violating your bail conditions?
3. You will be able to help your attorney in trial preparation – You will be able to help your lawyer find witnesses, revisit the crime scene with your lawyer, or review your financial information, emails, texts or other records which you can share to help your defense strategy.
4. You can have the opportunity to start a new path in life – While on bail you can take advantage of rehabilitation, drug treatment, counseling programs.  Perhaps even gaining steady employment or enrolling in a few college courses building a new life for yourself showing how you are a contributing member of society.

In summary being out on bail  in Maine not only allows you the ability to have greater contact with your criminal defense attorney, being free from jail provides the opportunity to show the State that you can abide by conditions.  Following conditions helps show the State that you would be successful in a diversionary outcome, such as a deferred disposition agreement.  In other words, it is what you do with your freedom that the State will notice.  If you take the opportunity while out on bail to improve yourself, such as by maintaining employment, landing a job, going back to school, getting substance abuse or other treatment, this would reflect well on you at court.

At the same time, bail is not intended to be easy.  There are common aspects of bail that everyone on bail must navigate through, including:

• Dealing closely with authority figures
• Following directions set by others
• Handling being supervised or infringements on freedom, such as random searches or drug testing
• Personal behavior modification, such as abstaining from alcohol or drugs
• Giving up (temporarily) personal property in the form of firearms, including all hunting firearms

For those on bail who are unaccustomed to dealing with these things, adhering to bail might feel like a chore.  But, your criminal defense attorney will be able to assist you through any difficult points and offer advice how to approach your bail obligations.

Overall, if you perform “well” while out on bail, then this will help your criminal defense attorney get a better outcome.  On the other hand, if you violate your bail conditions, then this can hurt you at Court and make your criminal defense attorney’s job more difficult.

 About Bonds

Some States allow for a person’s bail to be bonded.  If your bail has been bonded, it means that another individual has taken responsibility to assure that you appear at Court and adhere to your bail conditions.  In these States, the Courts allow an individual known as a bail bondsman (think “Dog the Bounty Hunter”) to take on this role.  Since Maine does not have this process, bail cannot be “bonded” in Maine.

Maine Bail Terms

When criminal defense attorneys in Maine talk about bail, it encompasses several things, including:

Cash bail– the amount of money set by the Bail Commissioner or the Court that you must pay before being released from the jail.

Making bail– when you pay your cash component of your bail, allowing your release from jail.

Bail Conditions– certain requirements that are attached to your bail and are required to be met in order to remain free.  Common bail conditions include:

• No contact with the alleged victim
• No use or possession of alcohol or drugs
• No use or possession of dangerous weapons, including all firearms
• Drive only when properly licensed
• Report regularly to police department
• Being subject to random searches and seizures to assure your compliance with bail conditions
• Required Maine Pretrial Services Contract

Bail Hearing– Upon the Defendant’s request for a bail review or modification of existing bail, a hearing would be set by the Court.  After the Court hears arguments, the Judge or Justice determines whether or not the bail-related requests are granted.  Or, the State’s attorney and the criminal defense lawyer can come to an agreement about bail, which would then be signed off on by the Judge.

How is Bail set?

Here is a scenario of how bail in Maine is set in a criminal case.  If the police have probable cause that you committed a crime, you would be arrested and brought to the county jail to be processed.  At the jail, bail can be set by the Bail Commissioner, who is an officer of the court.  However, the Bail Commissioner cannot set bail in all cases.  If the Bail Commissioner cannot set bail, then the Court will be responsible for setting bail.

If the Court is responsible for setting your bail, you would wait in jail until an initial appearance in front of a Judge.  This is usually with in 48 hours, notwithstanding weekends or holidays.  At the initial appearance, the State’s attorney can argue for a certain bail to be set, and you or your Criminal Defense Attorney can argue for more lenient bail.  Sometimes, the attorneys can come to an agreement on what the bail should be set at.  Or, the Judge or Justice will make the final determination about set bail.  When setting bail in Maine, a number of things are considered, according to 15 M.R.S.A. §1026 (4), including:

• The nature and circumstances of the crime charged
• The nature of the evidence against the defendant
• The defendant’s past criminal history and personal characteristics, including but not limited      to:
  • The defendant’s character and physical and mental condition
  • The defendant’s family ties in the State of Maine
  • The defendant’s employment history in the State of Maine
  • The defendant’s financial situation
  • The defendant’s record of attending or failing to appear at court dates
  • Whether the defendant has a history of violating conditions of release
  • Whether the defendant is on probation or not

What happens if I cannot make my bail in Maine?

One common bail arrangement is cash bail or participation in a diversion program, such as Maine Pretrial Services.  If after meeting with a Maine Pretrial Services representative, what happens if they refuse to extend you a contract, and your cash bail component is too high?  In this case, your criminal defense attorney could file a bail modification request asking for the Court to allow your release on different bail terms.

Is Post-Conviction Bail Different from Pre-Conviction Bail?

Pre-conviction bail and post-conviction bail look the same, but they take place at different stages of the case.  Usually, post-conviction bail is granted when a convicted person is awaiting sentence or has been granted a stay (postponement) of the start date of a jail sentence.  In this case, the person’s bail would continue before reporting to the jail.  In some cases, post conviction bail can be granted pending an appeal.

Can I get my bail refunded to me?

Usually, the Court holds the bail until the case is closed.  It is possible to get your bail money back if it was your money submitted in your own name.  If someone else paid your bail on your behalf, then you cannot recover that money.  However the person who paid your bail would be able to recover it for themselves.

It is important to note that if you violate your bail by committing new criminal conduct, and the State successfully terminates your bail, then you would forfeit your ability to recover your bail money.

Changing Bail Conditions

While bail conditions are intended to assure the defendant’s presence at court and the community’s safety, bail requirements are not intended to hinder a person’s daily life or deprive a person of their livelihood.  Here are some examples of situations in which the bail requirements needed to be changed:

• No possession of alcohol condition when the person is a bar tender, winemaker, or brewer by trade.
• No contact condition with the other party when both parties are required to provide child care for mutual children.
• Required daily reporting condition to the police department when the person has moved to a different town a distance away, making daily reporting highly inconvenient and time-consuming.
• Requirement of an evening curfew when the person is engaged in shift work, sometimes working the night shift.

Unfortunately, bail conditions are not changed automatically.  Bail in Maine can be changed only through an official court order upon motion by you or your criminal defense attorney.  Otherwise, not adhering to your bail conditions would result in a bail violation.

Bail Reduction Request and Hearing

Getting your bail reduced begins with a motion to Modify or a De Novo Review.  Modifying your bail starts with you or your criminal defense attorney filing a Motion to the Court requesting a change of the problematic bail condition.  Usually, the State’s attorney will object to any changes to your existing bail.  After the Motion is filed, a Hearing will be set to determine whether your bail should be changed.  The attorneys argue to the Judge at the Hearing, and the Judge will make the final determination whether or not your bail is modified.  Or, the attorneys can agree to modify the person’s bail, which is then signed off on by the Judge.

Not every bail modification request is granted.  If the Judge denies the bail modification, then your bail conditions would stay the same.

Violating Bail Conditions

If you do not modify your bail conditions, and you are caught violating your bail conditions, you will be charged with a bail violation otherwise known as Violating Conditions of Release (VCOR).  As a criminal defense attorney, I see bail violation cases regularly.  Some of the most common violations I tend to see are:

• Alcohol Violations– Since alcohol is legal, and not everyone living in a household is on bail, this can pose a challenge for the person who must adhere to this bail requirement.  The bail condition of “no use or possession of alcohol” is interpreted broadly by the State.  This means that if any alcohol is found in a person’s home or car, the person on bail is deemed to be “in possession” of the alcohol.  It does not matter if the alcohol technically “belongs” to another person in the household who is not on bail.  The State will find a bail violation.
• Illegal Drug Violations– The condition of “no use or possession of illegal drugs” can be very difficult for a person who is already struggling from a drug addiction. Often, a person who is suffering from substance abuse issues cannot stop “cold turkey” simply because they have a bail condition.  Therefore, these people often end up with a bail violation.  In these cases, a more structured environment, such as Drug Court, might be more appropriate for these individuals to break a substance abuse habit.
• Violations of No Contact Conditions– In domestic violence cases, the defendant may attempt to contact the victim in violation of bail.  Or, the victim might attempt to contact the defendant, and the defendant violates bail by responding to the victim’s text, voice mail, e-mail, or social media invitation.  If the parties involved have a relationship, it can be difficult to maintain a No Contact condition.  If the parties are attempting to contact one another due to problems stemming from the defendant’s absence, such as trouble finding child care, then this bail condition should be modified rather than risk a bail violation.

New Criminal Charges for Violating Bail

Violating bail can result in the person being arrested and charged with new criminal conduct, separate from and in addition to the original criminal charge the bail was from.  Depending on the severity of the underlying criminal charge, Violating Condition of Release 15 M.R.S.A. §1092 can be a misdemeanor or a felony crime.  If the underlying criminal charge is a felony, then violating your felony bail in Maine would be considered a Class C felony crime.  If the underlying criminal charge is a misdemeanor, then violating your misdemeanor bail is considered a Class E crime.

The maximum penalties for a Class E misdemeanor can include up to $1,000.00 in fines and up to six (6) months jail.  In contrast, the maximum penalties for a Class C felony can include up to $5,000.00 in fines and up to five (5) years jail.  The jail time for the bail violation could run at the same time as the person’s existing sentence (concurrently), or it could run consecutively (one after another), resulting in a longer jail sentence.

Bail Termination Proceedings

If you violate your bail conditions, the State will also move to terminate your bail in favor of you going to jail pending trial.  The State’s attorney would file a motion with the Court outlining the basis for terminating your bail, which would include any of the ways in which you violated your bail.

After being filed, the Court will set a Hearing date to determine whether your bail should continue or whether your bail would be terminated.  Both attorneys would argue to the Judge, and the Judge would make the final determination whether or not bail would be terminated.  If the person’s bail is terminated, that person would spend the remainder of the time in jail while awaiting trial.

How a criminal defense attorney can help

Because your freedom is at stake in a bail violation case, it is necessary that an experienced criminal defense lawyer represent you and fight for your rights.  Here are some questions to think about when looking to hire an attorney for your bail-related case.

Does the criminal defense attorney understand the legal status of a person on bail in Maine?  When you are on bail in Maine with a condition allowing random searches and seizures of your person, home, or car, the standard for what type of search violates your constitutional rights is different.  The criminal defense attorney should understand this and know how to approach this case at Court accordingly.

Does the criminal defense attorney know what is at stake in your bail violation and fight it aggressively?  In a bail violation, the State is looking to terminate your bail so that you go to jail.  Your freedom is essential, and you cannot afford to lose it.  Your criminal defense attorney should look to fight the case aggressively by taking on both the Violating Condition of Release case and the bail termination case at the same time, with the goal of preserving your bail in Maine.

Does the Criminal Defense Attorney have a track record of success in getting bail in Maine modified for the client?  Prior success in obtaining favorable bail modifications is a good sign that the criminal defense attorney is experienced and knows how to address the issue of changing bail in Maine at Court.

If you or someone you know is facing a criminal charge involving Bail in Maine, needs to modify their bail conditions, or is facing a criminal charge for Violating Condition of release or other bail violation, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense lawyer.  Attorney Nielsen will answer your questions and put your mind at ease as we begin to determine your defense strategy.

If you enjoyed reading this article on Bail in Maine, you may also want to check out:

• The Court Process for Maine OUI Laws
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