Monthly Archives: November 2012

MEDICAL MARIJUANA QUALIFYING PATIENTS, BE CAREFUL OF THE RULES.

Maine’s medical marijuana laws have been eased, so it isn’t necessary for a person with a written medical certification to register with the State anymore to legally possess marijuana.   Still, marijuana has not been legalized in Maine, so

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WHAT IS AN UNCONSTITUTIONAL SEARCH OR SEIZURE?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and  no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and

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ACTUS REUS, MENS REA AND STRICT LIABILITY CRIMES

Most criminal offenses are defined to require not just the commission of a prohibited act, but also that the act must be committed while the person has a certain culpable state of mind.   In the days when Latin terms pervaded Anglo-American

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BAD EYEWITNESS I.D.

In the juvenile bind-over hearing for a defendant charged with breaking into a Portland woman’s home and  sexually assaulting her, the woman  identified the defendant’s interpreter as her assailant.   Then, after a break in the

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BEWARE: FEWER OUI ARRESTS BUT INCREASED RISK OF ARREST IF STOPPED

According to statistics available from the Secretary of State, Bureau of Motor Vehicles, statewide OUI arrests in Maine have declined markedly in recent years.  In 2000, there were a total of 9,878 reported arrests.  In 2011, there were 7,275. 

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U.S. #1 CAUSE OF ACCIDENTAL DEATH, PRESCRIPTION DRUG O.D.

The other day, I ran through some hypothetical twists to illustrate how the Maine criminal statutes treat unauthorized users, furnishers and sellers of even small amounts of the prescription drugs oxycodone and hydrocodone.   These drugs are

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OF ZUMBA: THE STOCKS FOR THE ACCUSED, ANONYMITY FOR THE GUILTY– QUE?

I’d like to say a few words about a bizarre twist in the reporting on the zumba prostitution case.   The public seems confused by way the names of the accused have been released, drip by drip, over time.   In the news reporting on the

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OXYCODONE, HYDROCODONE AND THE HOW’D I END UP IN PRISON BLUES.

Here, I will spill a few words of caution about possession of the prescription pain pills oxycodone and hydrocodone;  you know, the stuff they give you when you have minor surgery or a painful injury.    Here in Maine, we take a particularly

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DEFERRED DISPOSITION AS A PATH TO DISMISSAL OR REDUCTION.

A deferred disposition agreement often provides a means to achieve dismissal of a criminal charge, although, unlike filing agreements, not all deferred disposition agreements call for outright dismissal upon compliance with conditions.   For

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FILING AGREEMENTS- A PATH TO DISMISSAL OF A CRIMINAL CHARGE.

Filing and deferred disposition agreements each provide a way to arrive at dismissal of a criminal charge.   Filing agreements have been around longer than deferred disposition agreements.   Filings are governed by Rule 11B of the Maine Rules

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