CRIMINAL LAW
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The area of criminal law primarily concerns those accused of, or convicted for, committing a crime. Criminal law is a complex system of statutes and rules that define criminal acts, set punishments, and outline the procedures that guide the criminal process from investigation and arrest to sentencing and parole.
If you’ve been charged with a crime, it’s important to contact an attorney immediately. The consequences of being charged or convicted of a crime can change a person’s life forever. And these consequences extend far beyond arrest, trial, incarceration, and supervision. A criminal record can affect employment and educational opportunities, family relationships and stability, personal liberties, and more.
Here you’ll find links to articles that help explain various aspects of the criminal process.
Criminal Process
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What Is Criminal Law?
Criminal law is a complex system of laws and rules that define criminal acts, set punishments, and outline the rules guiding the process from investigation and arrest to sentencing and parole.
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How Does a Criminal Case Go Through the Justice System?
Here’s how to criminal process works. From investigation to arrest to a criminal charge and resolution.
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What Happens When A Person is Charged With A Crime?
Learn about the criminal process, and your rights after you’re arrested.
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Bail: How to Get Out of Jail
Bail is money, property, or a bond paid to the court in exchange for a person’s pretrial release from jail.
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What Is a Felony?
Felony crimes carry the possibility of a prison sentence ranging from a year to life in prison and up to the death penalty.
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What Is a Misdemeanor?
Misdemeanor crimes include simple assault, petty theft, disorderly conduct, and first-time impaired driving. A conviction can result in jail time, payment of fines and restitution, or probation.
Arrest Rights
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The Criminal Arrest Process & Your Rights
The Fourth Amendment to the United States Constitution protects people against unreasonable searches and seizures by the government. A police officer’s arrest of an individual is a type of “seizure” that falls under this constitutional provision.
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What Are Miranda Rights and When Must They Be Read?
When the police detain someone, they must give “Miranda warnings” before questioning begins to inform the person of the right to remain silent and right to have an attorney present.
Yours Rights as the Accused
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What Happens When A Person is Charged With A Crime?
Learn about the criminal process, and your rights after you’re arrested.
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When Do I Have a Right to a Criminal Defense Lawyer?
The Sixth Amendment to the Constitution grants defendants the right to have a lawyer when facing criminal charges that could result in imprisonment.
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Legal Recourse When Falsely Accused of a Crime
What legal options do you have after having been wrongfully accused, prosecuted, then exonerated for a crime you did not commit?
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When Can I Get My Criminal Record Expunged?
Expungement laws offer people a way to seal, erase, or limit public access to certain criminal records—from arrest and charging records to conviction and pardon records.
FAQ
We are focused on trying cases for our clients whenever that is necessary. Having your day in court allows you to put the facts of your case in front of your peers and allows them to make a decision based on the facts in the case.
Criminal Law
As soon as you become aware that the police (or some other investigating agency) are looking for or investigating you, or if you believe that you may have committed a crime. A lawyer can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Hiring a lawyer may also protect you from being questioned by the police.
Innocent people do get accused of committing crimes. Also, people who may have committed one crime often get accused (sometimes wrongfully) of committing additional, and more serious crimes. As the accused, you have a constitutional right to counsel. You are always better off having a lawyer learn about the accusation, discuss it with you, and develop a strategy for responding to the charge.
First, be polite and cooperative. Arguing, struggling or fighting will never make the situation better. Rarely, if ever, will a person be able to convince an officer to stop an arrest. Finally, call a lawyer as soon as possible.
A charge that is brought by the District Attorney, but is civil in nature and not criminal. It is punishable only by a fine or other sanctions (such as license suspension in some cases). An example of a civil violation is Possession of a Useable Amount of Marijuana.
A misdemeanor is a crime with a maximum penalty of one year in jail and a $2,000.00 fine. In Maine, a misdemeanor is a class “D” or “E” crime.
A felony is a crime which carries with it a potential sentence of at least one year and one day in prison.
You will be fingerprinted and photographed. You will either be released on personal recognizance or you will have to wait for a bail commissioner to set bail.
Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. Maine does not utilize the bail bond system; bail is set in a cash amount. The defendant may also post property as a surety in an amount set by the Bail Commissioner or Judge. The property must have a value (after all mortgages and liens have been deducted from the value of the property) that meets or exceeds the amount set in the defendant’s case.
The cost of defending against criminal charges will vary depending upon the charges, the facts of the case, and other factors. We usually charge a single fee for the entire case. On a rare and exceptional occasion we will set a separate fee for different stages of the case. We provide a free initial consultation so that we can asses your case and establish a reasonable fee. Do not be reluctant to ask specific questions of any lawyer with whom you meet. The lawyer works for you and should be open to any reasonable inquiries that you may have.
Yes. We handle state and federal cases ranging from drunk driving and other motor vehicle offenses to drug trafficking, homicides and “white collar” crimes.