Category Archives: Maine Law

AN OFFENSIVE PHYSICAL CONTACT ASSAULT FOR THE TIMES.

AN OFFENSIVE PHYSICAL CONTACT ASSAULT FOR THE TIMES. Posted by:  Edmund R. Folsom, Esq. Date:  May 22, 2018 State v. Leon, 2018 ME 70, is a criminal case for the times.  The defendant’s appeal was shot down under the well-settled law that a

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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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MAINE’S CREEPILY ARBITRARY STALKING LAW.

MAINE’S CREEPILY ARBITRARY STALKING LAW. Posted by Edmund R. Folsom, Esq., April 29, 2018. “Stalking” sounds like a seriously creepy crime. It conjures images of someone hiding, creeping around, spying on and hunting another person, but

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THE SYSTEM TOLERATES ITS OWN ABUSE.

THE SYSTEM TOLERATES ITS OWN ABUSE. Posted by Edmund R. Folsom, Esq., January 20, 2018. I come to you now as a 33-plus-year denizen of Maine’s criminal justice system bearing witness to abuse; an all-too-frequent abuse of the system itself; an

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SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW.

SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW. Posted by Edmund R. Folsom, Esq., September 30, 2017. On September 16, 2017, I participated as a presenter in a continuing legal education seminar, in Saco, organized by Scott Houde, Esq.  My

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WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE?

WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE? Posted by Edmund R. Folsom, Esq., September 16, 2017. Sitting in court one day recently, waiting my turn, my attention was drawn to proceedings involving a female prisoner in the dock.  The woman’s

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STATE V. TURNER – DECIDING A 4TH AMENDMENT QUESTION WITHOUT RESORT TO SUPREME COURT CASE LAW.

STATE V. TURNER – DECIDING A 4TH AMENDMENT QUESTION WITHOUT RESORT TO SUPREME COURT CASE LAW. Posted by Edmund R. Folsom, Esq. August 29, 2017 In my view, Maine’s cases on whether suppression of evidence is called for by a police

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A CASE OF THE TRICKY NATURE OF LEGAL ETHICS.

A CASE OF THE TRICKY NATURE OF LEGAL ETHICS. Posted by Edmund R. Folsom, Esq., June 26, 2017. Last week, in In the Matter of Robert M.A. Nadeau, 2017 ME 121, the Maine Supreme Judicial Court suspended ex-York County Probate Judge Robert Nadeau

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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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