Category Archives: Criminal Law

OPERATING AFTER HABITUAL OFFENDER REVOCATION – “PUBLIC WAY.”

Posted by Edmund R. Folsom, Esq., December 4, 2018. OPERATING AFTER HABITUAL OFFENDER REVOCATION – “PUBLIC WAY.” The statutes that define operating after habitual offender revocation (OAR), 17- A M.R.S. §2557-A, and aggravated operating

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CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY.

CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY. Posted by Edmund R. Folsom, November 6, 2018. In February of 2016, Troy Hastey was charged with OUI, elevated to a Class B crime based on a 1991 conviction of manslaughter.  The statute

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EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN.

EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN. Posted by Edmund R. Folsom, Esq., October 28, 2018. I. Background: OUI Breath and Blood Tests, The Search Warrant Requirement and Search Warrant Exceptions. On October 23, 2018, Maine

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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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