Contact Hunter If You Have a Questions About Maine Criminal Defense Law.
-
The statute of limitations for a Class E misdemeanor is 3 years. There are some exceptions and exertions that can apply, such as when the person is absent from the State of Maine. You'll want to review Title 17-A Section 8 of the Maine Revised Statutes. https://legislature.maine.gov/statutes/17-A/title17-Asec8.html
A warrant is issued by either Judge, Justice, or Justice of the Peace. In order for a warrant to issue, the Judge, Justice, or Justice of the Peace must find there is probable cause that a crime has been committed for an arrest warrant to issue.
-
You have a right to a speedy trial on an indictment. If the State failed to prosecute the case for 12 months--due to no fault of your own--you can raise this as a speedy trial claim and request a dismissal. There are four factors the court considers in whether to dismiss a case for a speedy trial violation: (1) the length of the delay, (2) the reasons for the delay, (3) the assertion of the right, and (4) prejudice.
-
If the deferred disposition agreement and bail bond do not prohibit using marijuana then using it will not be considered a violation of either. Possessing marijuana is still a federal crime in Maine. The Justice Department is unlikely to charge or prosecutor misdemeanor possessions of marijuana in the District of Maine.
-
All misdemeanor domestic violence charges in Maine have a penalty range of 0 to 364 days in jail. It is possible a domestic violence conviction can result in jail time. It depends on the nature of the offense (what happened, whether there was injury, etc) and the individual defendant, such as any prior record. A disorderly conduct charge is a lower level misdemeanor than domestic violence, but still carries a potential penalty range of 0 to 180 days in jail. It is less likely a person would receive jail time on a disorderly conduct than a domestic violence but all of the same factors mentioned above would determine whether jail is imposed or recommended.
-
After a plea is entered, a sentencing hearing will occur. This could be on the same day as the plea or on a different date. Once sentence is imposed, the defendant is expected to start the sentence that day. It is possible for the sentence to be stayed for an appeal or to report at a later date.
-
The maximum penalty for a Class E misdemeanor is 180 days in jail and $1000 fine. It is rare for someone to be sentenced to the maximum sentence. Depending on the circumstances of the offense, and the individual, it is possible to receive no jail time for a Class E misdemeanor.
-
Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law enforcement are required to provide you Miranda warnings if you're placed under arrest and subject to questioning. If you were arrested and questioned without first waiving your Miranda rights anything you said to law enforcement could be suppressed.
-
If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated issue because of the probation conditions and whether you have standing to challenge the search in someone else's home. You should consult with a criminal defense lawyer to discuss.
-
I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You should consult with a constitutional law lawyer though to get a more detailed answer and analysis.
-
It is illegal to possess a ballistic knife in Maine.