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 those with a medical certification should be careful to adhere to the regulations that govern its medical use. That [...]
Fri, November 30 2012 » Maine Law » No Comments
“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 particularly describing the place to be searched, and the persons or things to be seized.” Amendment [...]
Wed, November 28 2012 » Maine Law » No Comments
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 law, the bad act was referred to as the actus reus and the culpable state of [...]
Tue, November 27 2012 » Maine Law » No Comments
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 proceedings, the woman returned to the courtroom, took a closer look at the defendant and his interpreter and claimed she [...]
Tue, November 27 2012 » Maine Law » No Comments
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. This represents an overall decline of 26% over this period. Most of the decline has occurred [...]
Mon, November 19 2012 » Maine Law » 1 Comment
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 truly a public scourge. According to the stories in the following links, the number one cause of accidental death [...]
Fri, November 16 2012 » Maine Law » No Comments
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 matter, repeated references have been made to “the list” of the [...]
Wed, November 14 2012 » Maine Law » No Comments
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 schizophrenic approach to the stuff. On the one hand, it is prescribed so [...]
Tue, November 13 2012 » Maine Law » No Comments
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 many years, it has been possible to defer the disposition of a criminal charge under a set of conditions that allow the [...]
Mon, November 12 2012 » Maine Law » No Comments
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 of Criminal Procedure. In a filing agreement, the prosecutor and the defendant agree that if certain conditions are [...]
Mon, November 12 2012 » Maine Law » No Comments
