The Law Blog

MAINE OUI CHANGES EFFECTIVE 8/1/14.

Posted July 11, 2014, by Edmund R. Folsom. A couple of recent changes to Maine’s OUI laws take effect on August 1, 2014. As a general rule, prior OUI convictions serve to increase mandatory punishment for subsequent offenses, but only if the

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MACDL OUI DEFENSE SEMINAR, 8/22/14, FREEPORT.

Posted June 27, 2014, by Edmund R. Folsom   On August 22, 2014, I’ll be on the faculty of an OUI defense seminar organized by the Maine Association of Criminal Defense Lawyers, at the Hilton Garden Inn, in Freeport. This seminar will have

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SUP. CT. REJECTS WARRANTLESS CELL PHONE SEARCHES.

Posted June 25, 2014, by Edmund R. Folsom.   In Riley v. California, 573 U.S. __ (June 25, 2014), a unanimous Supreme Court held that, as a general rule, police are required to obtain a warrant before they are allowed to search for data

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A CONSERVATIVE CALL FOR LESS INCARCERATION.

Posted June 23, 2014, by Edmund R. Folsom.   Below is a link to a pretty good op. ed. piece about the overuse of incarceration as a response to crime. Most people favor jail and prison sentences for those convicted of crimes, except when

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MAINE CRIME RATE DOWN 9.1% IN 2013.

Posted June 18, 2014, by Edmund R. Folsom. Maine’s Department of Public Safety reports that Maine’s crime rate dropped 9.1% last year.  That’s remarkable!  The 2012 spike in pharmacy robberies tapered off in 2013, as overall robberies

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BOND V. U.S., FEDERAL OVERREACH EXEMPLIFIED.

Posted June 5, 2014, by Edmund R. Folsom.   An interesting U.S. Supreme Court opinion was issued on Monday, June 2, 2014. In Bond v. United States, 572 U.S. __ (2014), the Court was presented with questions about the limits of the federal

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MAINE CRIMINAL BACKGROUND CHECKS.

Posted June 3, 2014, by Edmund R. Folsom.   What shows up on a person’s Maine criminal history report? People who have been charged with a crime are forever raising questions about what will show up on their criminal record if a prospective

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SUPREME COURT RULINGS 5/27/14, THE DEATH PENALTY, DOUBLE JEOPARDY.

Posted May 27, 2014, by Edmund R. Folsom.   Today, the U.S. Supreme Court handed down two criminal cases, summarized below. Death Penalty/Eighth Amendment. In Hall v. Florida, 572 U.S. __ (May 27, 2014), the Court dealt with the

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NO, YOU CANNOT LEGALLY DRIVE A MOPED OR A SCOOTER WHILE YOUR LICENSE IS SUSPENDED.

Posted May 25, 2014, by Edmund R. Folsom.   Twice in the past two weeks, I have been asked whether there’s any substance to the urban myth now circulating that a person under suspension for OUI can legally drive a moped or a scooter on

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HUMAN FALLIBILITY AND THE CRIMINAL DEFENSE ATTORNEY

Posted May 10, 2014, by Edmund R. Folsom.   In today’s paper, there’s a story about a retired Portland cop I once knew, and worked with on cases, who’s been indicted for six-figure theft.  This follows the recent indictment of the

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