Articles Posted in Criminal Defense

By Saco Criminal Defense Lawyer John Webb – Named a Super Lawyer and Rated AV Preeminent by Martindale-Hubbell

The Webb Law Firm team of criminal defense attorneys in southern Maine are domestic violence lawyers in Saco and Portland. We offer free consultations and payment plans.Misdemeanor domestic violence assault in Maine is a Class D crime. It carries up to 364 days in jail. Felony domestic violence – including Class C charges for repeat offenders or strangulation – can carry up to 5 years in prison. Class B felony domestic violence aggravated assault carries up to 10 years. The most serious Class A offenses carry up to 30 years.

Domestic violence assault covers intentional, knowing, or reckless physical contact. This contact must cause pain or injury to a family or household member. The domestic violence sentence you face depends on the severity of the alleged conduct. It also depends on whether a weapon was involved and whether you have prior convictions.

Sanford ME criminal defense attorneys Vincent LoConte, Johyn Webb, and Nicole Williamson defend against drug possession and distribution charges in York County courtrooms.

By: Saco MN Drug Lawyer John Webb With Over 30 Years of Courtroom Litigation Experience

Drug crimes in Sanford, Maine range from simple possession of a controlled substance to felony-level trafficking. These cases are prosecuted through the York County court system. Sanford drug lawyer John Webb has represented thousands of clients in Saco and Portland courtrooms, and John can help you understand your options and protect your rights from the start.

Drug charges in Sanford typically begin at Springvale District Court on Court Street for misdemeanor offenses and arraignments. More serious felony cases transfer to York County Superior Court in Alfred for trial or resolution. Webb Law Firm handles the full spectrum of drug-related charges. Our experience spans from minor possession to large-scale trafficking throughout York County.

What Is a Search Warrant?

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A search warrant is a court-authorized document that gives law enforcement permission to search a specific location for specific evidence. Both the Fourth Amendment and Article I, Section 5 of the Maine Constitution protect people against unreasonable searches and seizures. Without this protection, police could enter your home or examine your belongings without limitation.

A search warrant differs from an arrest warrant. An arrest warrant authorizes police to take a person into custody. A search warrant authorizes officers to look for and seize evidence tied to a crime. The two serve distinct legal purposes.

Hearsay Legal Definition

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Hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted. Under Maine Rule of Evidence 801(c), a statement qualifies as hearsay when a person makes it outside of court proceedings. A party then tries to use it at trial to prove that what the person said is true. The Federal Rule of Evidence 801(c) uses the same definition.

Here is a plain-language example. A witness takes the stand and says, “My neighbor told me he saw the defendant at the scene.” That testimony is hearsay. The neighbor made the statement outside court. The witness is repeating it to prove the defendant was actually there. The neighbor is not under oath. The defense attorney cannot cross-examine the neighbor about what he saw.

Is Pushing Considered Assault?

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Yes, pushing someone can legally constitute assault under Maine law. You do not need to throw a punch or cause visible injury. A single shove – if intentional or reckless – is enough to result in criminal charges, arrest, and a permanent record.

Maine defines assault as intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person. The key phrase is “offensive physical contact.” A push that leaves no bruise, no scratch, and no lasting mark still meets this legal standard.

Federal Law: Can a Felon Have a Gun?

The Webb Law Firm is a24-hour law firm with offices in Saco and Portland. We answer your call 24 hours a day. Free initial consultation. (207) 283-6400.

Under federal law, convicted felons cannot possess firearms or ammunition. Specifically, unlawful firearm possession makes it a federal crime for anyone convicted of a crime punishable by more than one year in prison to possess, ship, transport, or receive any firearm or ammunition. This prohibition applies in all 50 states, including Maine. It does not expire after 10, 20, or 30 years. Only specific legal action can restore these rights.

Can a felon have a gun? The direct answer is no – not without formal restoration of rights through a pardon, expungement, or other legal process.

What Is Disorderly Conduct in Maine?

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Disorderly conduct in Maine is a criminal offense. The statute targets specific behaviors that disturb public peace or create dangerous conditions. A disorderly conduct charge means police believe your actions crossed a clear legal line.

The law lists several types of prohibited conduct. You can face charges for fighting, making unreasonable noise, blocking vehicle or pedestrian traffic, or creating a hazardous or physically offensive condition in a public place. Each behavior must be intentional or reckless – you either meant to cause the disturbance or acted with disregard for the risk.

What Legally Counts as Harassment?

The Webb Law Firm is a24-hour law firm with offices in Saco and Portland. We answer your call 24 hours a day. Free initial consultation. (207) 283-6400.

Harassment under the law is repeated unwanted conduct directed at a specific person. The intent must be to alarm, annoy, or threaten that person. Harassment can include phone calls, text messages, physical following, or written threats. It must serve no legitimate purpose. The exact definition varies by state, but most jurisdictions treat harassment as criminal behavior when the conduct forms a pattern and causes genuine distress.

Maine defines harassment as a form of criminal conduct. This statute lists specific types of conduct that qualify as criminal harassment when done with the intent to harass, torment, or threaten another person. The law requires that the behavior be intentional. Accidental or incidental contact – even if unwelcome – does not meet the legal threshold.

What Is Criminal Trespass in Maine?

John Scott Webb, criminal defense attorney
For criminal trespass in Maine, the state must prove that you knowingly entered or remained on property without permission. Or, it must prove that you stayed after someone told you to leave. This charge is more common than many people realize.

Maine law recognizes two levels of criminal trespass. Simple criminal trespass is a Class E misdemeanor. It applies when someone enters or remains on property that is posted, fenced, or otherwise clearly off-limits. Aggravated criminal trespass is a Class D misdemeanor. It applies when the property is a dwelling – someone’s home or living space.

Jail Time for Habitual Offender Charges in Maine

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In Maine, driving after being declared a habitual offender is a Class C felony. The sentence can include up to 5 years in prison and a $5,000 fine. What a judge actually imposes depends on your prior record, the facts of your case, and the judge. To know how much jail time you could face, you need to understand how Maine defines habitual offender status, what triggers it, and what happens if you drive while your license is revoked.

This guide breaks down Maine’s habitual offender laws, the penalties you face, and the steps you can take to protect your future.

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