Category Archives: Criminal Law

THE FALSE MATERIAL STATEMENT FELONY.

THE FALSE MATERIAL STATEMENT FELONY. Posted by:  Edmund R. Folsom, Esq., October 16, 2018. A person accused of doing something that he or she does not want to admit doing will often deny it.  This is not breaking news.  For instance, imagine an

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SEARCHES INCIDENT TO ARREST, STATE V. PAGNANI, 2018 ME 129.

Searches Incident to Arrest, State v. Pagnani, 2018 ME 129. Posted by Edmund R. Folsom, Esq. September 23, 2018 “Why do you weasel?”   Cal Kuenzel, contracts professor, Stetson University College of Law, responding to an answer given by a

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CARPENTER V. U.S. & CELL-SITE LOCATION INFO — WHAT’S IT ALL ABOUT?

CARPENTER V. U.S. & CELL-SITE LOCATION INFO — WHAT’S IT ALL ABOUT? Posted by Edmund R. Folsom, Esq. June 26, 2018.   WHAT IS CARPENTER ALL ABOUT? On Friday, June 22, 2018, in Carpenter v. United States, __ U.S. __ (2018), the

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LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK.

LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK. Posted by Edmund R. Folsom, Esq. June 15, 2018. Thirteen months ago, State v. Lemunier-Fitzgerald was argued before the Law Court (Darrick Banda, trial attorney, Jamesa Drake, appellate counsel, amicus

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CALLING 911 FOR A CURE WORSE THAN THE DISEASE.

CALLING 911 FOR A CURE WORSE THAN THE DISEASE. Posted by Edmund R. Folsom, Esq. June 8, 2018 Everyone has seen news stories about people who called 911 for a ridiculous reason, such as to complain that a fast food joint didn’t get their order

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MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST.

MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST. Posted by Edmund R. Folsom, Esq., Date:  May 15, 2018 Background. Melevsky v. Secretary of State, 2018 ME 46, creates, in at least some circumstances, an obligation for a person under arrest for OUI

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SEALING MAINE CRIMINAL AND JUVENILE RECORDS.

SEALING MAINE CRIMINAL AND JUVENILE RECORDS. Posted by Edmund R. Folsom, Esq., June 20, 2017. 1. Adult Records Maine has no process for expunging criminal records.  As a general rule, once a person is convicted of a crime in Maine, there is no

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FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY.

FEDS, CRIMES, CONGRESS & HIGHEST POSSIBLE PENALTY POLICY. Posted by Edmund R. Folsom, Esq., May 18, 2017. Rand Paul is reintroducing legislation in the U.S. Congress, to give federal judges increased “safety valve” discretion to sentence

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BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS.

BAR PASSAGE CRATERS – TOO MANY LAW SCHOOLS. Edmund R. Folsom, Esq., April 16, 2017. It’s no secret that there are too many law schools and not enough lawyer jobs for their graduates. More than 50 new law schools have been accredited by

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OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT.

OUI URINE TESTS & THE SEARCH WARRANT REQUIREMENT. Posted by Edmund R. Folsom, Esq., March 29, 2017 This is part of my continuing efforts to explore implications of the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 579 U.S. __,

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