Articles Posted in Maine Criminal Law

Grand Jury Subpoena: What It Is and How to Respond

Published on: October 28, 2026 | by Webb Law Firm

What Is a Grand Jury Subpoena?

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A grand jury subpoena is a court order. It tells a person to appear before a grand jury or hand over records. The order goes out as part of a criminal investigation. A trial subpoena calls a witness to testify at a hearing or trial after charges are filed. A grand jury subpoena works differently. It comes earlier, while the case is still being built, before any indictment.

A grand jury subpoena tells you that a prosecutor believes you have facts or records relevant to an open criminal case.

The grand jury subpoena definition covers two main types. A subpoena ad testificandum tells a person to appear and give sworn testimony. A subpoena duces tecum calls for records, emails, or other physical evidence. One subpoena can demand both at once.

In federal cases, prosecutors issue these subpoenas under the Federal Rules of Criminal Procedure. They act on behalf of the grand jury. In Maine state practice, prosecutors use the state's rules of criminal procedure to compel evidence before a grand jury. In Maine, the Attorney General, district attorney, or grand jury foreperson swears in witnesses before they testify.

The duty is the same whether the subpoena is federal or state. You must comply or face serious trouble.

Why You Might Receive a Grand Jury Subpoena

Prosecutors sort subpoena recipients into three informal groups. A "target" is someone the prosecutor believes committed the crime under investigation. A "subject" is someone whose conduct falls within the scope of the case. A "witness" is someone believed to have useful facts but who is not personally under investigation.

These subpoenas often come out of white-collar fraud, drug conspiracy, health care fraud, and public corruption cases.

Receiving a subpoena does not mean you are charged with a crime. Your status – target, subject, or witness – shapes the whole legal strategy. A witness may cooperate freely. A target may need to assert rights under the Constitution. Defense lawyers often ask the prosecutor in writing to clarify a client's status. This request should be made through counsel, not on your own.

Your status can also shift as the case develops. Someone who starts as a witness may become a subject or target based on new evidence. This is one reason consulting a criminal defense attorney early matters so much.

What a Grand Jury Subpoena Can Require

A subpoena for grand jury testimony is called a subpoena ad testificandum. It tells you to appear and answer questions under oath. The setting is nothing like a trial. No judge sits in the grand jury room during questioning. The prosecutor asks the questions. The grand jurors may also ask their own. Your lawyer cannot be inside the room. But you may step outside to talk with your lawyer before you answer any question.

A grand jury subpoena duces tecum calls for documents, records, or physical evidence. Prosecutors can ask for a wide range of material. These include bank records, emails, phone records, business files, tax returns, and electronic data. The list they ask for is often long.

Sometimes a prosecutor will agree to take the records instead of your appearance in person. That often happens when the person is a records custodian rather than a fact witness. Whether that option is open depends on the prosecutor's needs and the shape of the case.

The duty to comply is real. Under Maine law, a person subpoenaed as a witness for the State who fails to appear without reasonable cause is guilty of a Class E crime, unless punished for contempt instead.

Federal Grand Jury Subpoena Limits and Your Rights

Federal grand jury subpoenas have limits. Knowing those limits helps you and your lawyer plan a response.

A subpoena must seek facts relevant to the grand jury's inquiry. It cannot be used to harass a witness or impose an unreasonable burden. You may file a motion to quash or modify a subpoena that is unreasonable or oppressive. Courts weigh whether the subpoena is too broad, seeks privileged material, or imposes undue hardship.

The Fifth Amendment privilege against self-incrimination applies in the grand jury room. A witness may assert it question by question. For document subpoenas, the "act of production" doctrine may provide protection in some cases. You may resist if handing over the records would itself be incriminating. Handing them over can confirm that the records exist, or that you control them.

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Other recognized privileges may also apply. Attorney-client privilege protects confidential communications between a lawyer and client made for the purpose of legal advice. Spousal privilege may protect certain marital communications. Under Maine law, the spouse of the accused is a competent witness at a criminal trial, except in regard to marital communications.

When a witness invokes the Fifth Amendment, prosecutors may offer immunity to compel testimony. Federal use immunity bars the government from using compelled testimony – or information derived from it – against the witness in any criminal case. The exceptions are a prosecution for perjury, a false statement, or a failure to comply with the order. Maine has a similar immunity mechanism under the compelled testimony statute. There, the State must ask the court in writing, with the written approval of the Attorney General or the district attorney, and the court orders the witness to answer after notice and a hearing. A witness who then complies may not be prosecuted or penalized over any matter covered by those answers. Perjury, false swearing and contempt remain punishable, and refusing to answer after the order is itself contempt of court.

The Fourth Amendment generally does not require a warrant for documents obtained by subpoena. But an overbroad or oppressive subpoena can still be challenged by a motion to quash.

How to Respond to a Grand Jury Subpoena

If you receive a grand jury subpoena, take these steps right away.

Do not ignore it. A failure to appear can result in a contempt finding. In Maine, a witness subpoenaed for the State who fails to appear without reasonable cause is guilty of a Class E crime if not punished for contempt.

Do not destroy or alter any documents. Destroying evidence after receiving a subpoena can lead to federal obstruction charges or, in Maine, a charge of falsifying physical evidence. These charges can be more serious than the original case.

Note the details. Write down the date, the place, the name of the prosecutor who issued it, and what it demands – testimony, records, or both.

Contact a criminal defense attorney immediately. Do this before the appearance date. Early legal help can shape your whole role in the case.

Do not discuss the subpoena with co-workers, friends, or anyone connected to the investigation. Grand jury proceedings are conducted in secrecy under federal and state rules. Talking about it with other possible witnesses could create problems.

An experienced defense lawyer often calls the prosecutor to pin down your status and the scope of the case. Counsel may bargain for a narrower records request. Your lawyer can also file a motion to quash or modify an overbroad subpoena. Your lawyer will prep you for testimony and go with you to the courthouse. They cannot enter the grand jury room, so they wait just outside. That lets you step out for advice before you answer a hard question.

Speak With a Maine Criminal Defense Attorney About Your Grand Jury Subpoena

Grand jury subpoenas carry fixed appearance dates and hard deadlines. Waiting to act could limit your options. A grand jury subpoena attorney can look at your situation and clarify where you stand in the case. Legal counsel will help you respond in a way that protects your rights.

Webb Law Firm handles criminal defense matters in both the U.S. District Court for the District of Maine and Maine superior courts. Every grand jury matter turns on its own facts, and outcomes vary. Acting early can be the difference between a narrow records request and broader personal risk.

If you have received a federal or state grand jury subpoena in Maine, contact Webb Law Firm for a confidential consultation.

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Frequently Asked Questions About Grand Jury Subpoenas

What Is the Difference Between a Grand Jury Subpoena and a Regular Subpoena?

A grand jury subpoena compels testimony or records during a criminal investigation, before charges are filed. A regular subpoena – sometimes called a trial subpoena – compels attendance at a hearing or trial after charges exist. The grand jury version works in secret, and each kind follows different court rules.

Can I Bring My Lawyer Into the Grand Jury Room?

No. In both federal and Maine state practice, lawyers are not allowed inside the grand jury room while a witness testifies. But your lawyer may wait outside the room. You have the right to step out and talk with your lawyer before you answer any question.

What Happens if I Ignore a Grand Jury Subpoena?

Ignoring a grand jury subpoena can result in a contempt of court finding. In Maine, a witness subpoenaed for the State who fails to appear without reasonable cause is guilty of a Class E crime if not punished for contempt. Federal courts may also hold a non-compliant witness in contempt, which can include fines or jail time.

Can I Plead the Fifth in Response to a Grand Jury Subpoena?

Yes. The Fifth Amendment privilege against self-incrimination applies in grand jury proceedings. A witness may invoke the privilege on a question-by-question basis. However, you cannot simply refuse to appear. You must show up and assert the privilege as each question is asked. If the prosecutor offers immunity, you may be compelled to answer.

Does Receiving a Grand Jury Subpoena Mean I'm Being Charged With a Crime?

No. A grand jury subpoena means a prosecutor believes you have facts relevant to a case. Many recipients are witnesses, not targets. But your status could change as the case develops. Talking to a lawyer early helps you understand where you stand and how to protect your rights.

Examples of Misdemeanors (and How Maine Classifies Them)

Published on: October 26, 2026 | by Webb Law Firm

What Is a Misdemeanor?

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A misdemeanor is a criminal offense less serious than a felony. Penalties generally include up to one year in jail, fines, probation, or a combination of these penalties. Most states treat misdemeanors as the lower tier of criminal conduct. They create a criminal record but are not as severe as felonies like armed robbery or murder.

Many U.S. states divide misdemeanors into classes or degrees based on severity. Some use Class A, B, and C. Others use first-degree, second-degree, and third-degree. Class A (or first-degree) is usually the most serious misdemeanor. Lower classes carry lighter penalties.

Misdemeanors differ from felonies in several important ways. Penalty exposure is lower. Procedural handling is often simpler – many misdemeanor cases stay in lower-level courts. But the collateral consequences can still be severe. A misdemeanor conviction appears on background checks. It can affect employment, housing applications, professional licensing, and more.

Maine's criminal code does not grade crimes as misdemeanors or felonies. The next section explains why that matters if you were charged in Maine.

Common Examples of Misdemeanors

Across the United States, these offenses commonly fall into the misdemeanor category. The specific classification varies by state. The following examples show the types of conduct involved.

Theft and Property Offenses

Shoplifting or petty theft – Taking merchandise or property below a certain dollar threshold. Most states treat lower-value theft as a misdemeanor.
Criminal mischief – Intentionally damaging someone else's property, such as vandalism or graffiti.
Trespassing – Entering or remaining on property without permission from the owner.

Alcohol and Drug Offenses

Simple drug possession – Possessing small amounts of marijuana or drug paraphernalia for personal use.
Public intoxication – Being visibly intoxicated in a public place to the point of causing a disturbance.
Minor in possession – An underage person possessing or consuming alcohol.
First-offense impaired driving – Operating a vehicle under the influence of alcohol or drugs. Many states classify a first offense as a misdemeanor.

Traffic-Related Offenses

Reckless driving – Operating a vehicle with willful disregard for safety.
Driving on a suspended license – Operating a vehicle after the state has suspended driving privileges.
Leaving the scene of a minor accident – Failing to stop and exchange information after a low-severity collision.

Assault and Personal Offenses

Simple assault – Intentionally causing minor bodily harm or threatening imminent harm to another person.
Disorderly conduct – Engaging in fighting, unreasonable noise, or other disruptive behavior in public.
Harassment – Repeated unwanted contact or communication intended to alarm or annoy.

Other Common Examples

Resisting arrest – Physically obstructing or interfering with a lawful arrest.
Prostitution – Engaging in or soliciting sexual conduct for payment.
Indecent exposure – Intentionally exposing oneself in a public setting.
Carrying a concealed weapon without a permit – Possessing a hidden firearm or weapon without the required license.

What About "Class a Misdemeanor" Examples?

Many people search for examples of class A misdemeanor offenses after receiving a charge in a state that uses that classification. In states like Texas, New York, and Illinois, "Class A" is the most serious misdemeanor tier under those states' own statutes. The maximum jail term for that tier is set by each of those states' statutes, not by any national rule.

Which offenses sit in that tier is defined by each of those states' own statutes. The same conduct can be graded differently from one state to the next. Evidence rules, such as those governing hearsay examples, also differ across jurisdictions.

These labels are not universal. Different states use entirely different classification systems. Some states use "gross misdemeanor" or "high misdemeanor" instead of classes. Maine does not use misdemeanor classes at all. Its criminal code grades every crime except murder as Class A through Class E instead. If you face charges in Maine, the classification system works very differently. A "Class A" crime in Maine means something far more serious than a misdemeanor.

How Maine Classifies Crimes (There Is No "Misdemeanor" in Maine)

Maine does not grade crimes as misdemeanors or felonies. No "Class A misdemeanor" exists in Maine law.

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Instead, under Maine law, crime classification divides all crimes (except murder) into five grades: Class A through Class E. Under Maine law, each class carries its own maximum term of imprisonment, unless a different maximum is specified by statute:

Class A – Up to 30 years, and life or any term of years for the few crimes the statute singles out, such as aggravated attempted murder. These are the most serious crimes in Maine, such as elevated aggravated assault and the gravest forms of gross sexual assault.
Class B – Up to 10 years.
Class C – Up to 5 years.
Class D – Less than one year.
Class E – Up to 6 months.

This is the opposite of what "Class A misdemeanor" means in other states. In Maine, Class A is the highest and most severe grade – not the least serious.

What other states call "misdemeanors" maps to Maine's Class D and Class E crimes. These are the lower-level offenses. They carry less than one year of potential jail time. They are still criminal convictions. They still appear on a person's record. But they carry significantly less exposure than Class A, B, or C crimes.

Examples of Class D and Class E Crimes in Maine

If you are looking for the Maine equivalent of "misdemeanor" examples, Class D and Class E crimes are where to look.

Class D Crimes (Less Than One Year Maximum)

Class D is the more serious of Maine's two lower-level crime classes. Common examples include:

OUI (first offense) – Under Maine law, operating a motor vehicle while under the influence of intoxicants is a Class D crime. That grade applies to a first offense with no aggravating factors; repeat OUIs, and an OUI causing serious bodily injury or death, are Class C or Class B crimes. An alcohol level of 0.08 grams or more per 100 milliliters of blood, or per 210 liters of breath, also triggers this charge.
Assault – Intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact to another person. The same conduct against a child under 6 years of age is a Class C crime.
Domestic violence assault – Assault committed against a family or household member or a dating partner. Qualifying prior convictions make it a Class C crime.
Theft – Taking property belonging to another person. Maine law makes theft a Class D crime when the value of the property is more than $500 but not more than $1,000.
Violating a protection order – Violating a court-issued protection order when you had prior actual notice of the order.

Class E Crimes (Up to 6 Months Maximum)

Class E is the lowest criminal grade in Maine. Common examples include:

Disorderly conduct – In a public place, fighting, making loud and unreasonable noise, or releasing noxious and offensive odors, so as to cause annoyance to others.
Criminal trespass – Entering a locked or barred structure or posted land, or remaining somewhere in defiance of a lawful order to leave. Entering a dwelling place is a Class D crime.
Driving to endanger – Under Maine law, driving a motor vehicle with criminal negligence. The conduct must endanger another person or property, and causing serious bodily injury raises it to a Class C crime.
Minor theft offenses – Taking property worth $500 or less, with no other aggravating factor.

These are the Maine charges that fit the national idea of a misdemeanor. Maximum jail exposure for each offense is set by its class. Class D allows less than one year in jail. Class E allows up to 6 months. Individual sections then add mandatory minimums the court may not suspend: a first OUI carries a minimum fine of $500 and a 150-day license suspension, and driving to endanger carries a minimum fine of $575 and a license suspension of at least 30 days.

Why Classification Matters When You Are Charged

How a charge is classified affects nearly every part of your case and its aftermath.

Maximum jail exposure is the most obvious difference. A Class E conviction carries up to 6 months. A Class D conviction carries less than one year. A Class C conviction can mean up to 5 years. The gap between these grades is significant, and class is not always fixed: if the State pleads and proves that a Class B, C, D or E crime was committed with a dangerous weapon, the sentencing class is one class higher, and certain prior convictions can raise it the same way.

Classification also determines where a case is heard. The District Court's jurisdiction over crimes is concurrent with the Superior Court's for any crime carrying a maximum term of less than one year – that is, Class D and Class E crimes. More serious charges proceed in Superior Court, though the District Court may take a guilty plea in such a case if the defendant waives indictment and a jury trial.

Beyond the courtroom, even a Class E conviction is a criminal conviction. It appears on background checks. It may affect employment opportunities, professional licensing, and housing applications. For non-citizens, any criminal conviction can carry immigration consequences. Anyone in that situation should consult counsel. Certain convictions may also affect firearm rights under both state and federal law. Sealing a criminal history record in Maine reaches only eligible convictions – chiefly Class E crimes – and then only once at least 4 years have passed since the sentence was fully satisfied, with no later convictions and no pending charges.

Classification determines your real exposure. Understanding what class your charge falls under is the first step toward building a defense.

Speak With a Maine Criminal Defense Attorney

If you were charged in Maine with what you thought was a "misdemeanor," you are not alone in your confusion. Every state uses different terminology. Maine's system is unlike most. What matters is understanding what class your charge falls under. You need to know what penalties you actually face and what defense options are available.

Webb Law Firm focuses on criminal defense in Maine. We handle cases in District and Superior Courts across the state. We can help you understand your charges, evaluate the evidence, and work toward the strongest possible outcome.

Contact Webb Law Firm to schedule a consultation. You can call our office or submit a contact form on our website. The sooner you speak with a Maine criminal defense attorney, the sooner you can start building your defense.

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Frequently Asked Questions

Does Maine Use the Term "Misdemeanor"?

Maine's criminal code does not grade crimes as misdemeanors or felonies. Maine classifies all crimes (except murder) into five grades: Class A through Class E. Class D and Class E crimes are roughly equivalent to what other states call misdemeanors.

What Is a Class D Crime in Maine?

A Class D crime is one of the two lowest crime classes in Maine. Under Maine law, the maximum term of imprisonment for a Class D crime is less than one year. Common Class D offenses include first-offense OUI, assault, and domestic violence assault.

What Is a Class E Crime in Maine?

A Class E crime is the lowest criminal grade in Maine. Under Maine law, the maximum term of imprisonment for a Class E crime is 6 months. Common Class E offenses include disorderly conduct, criminal trespass, and driving to endanger.

Is a First-Offense OUI a Misdemeanor in Maine?

Maine does not grade crimes as misdemeanors. A first-offense OUI is a Class D crime under Maine's OUI statute. Class D carries a maximum of less than one year of imprisonment. This is roughly equivalent to what other states classify as a misdemeanor.

Can a Class E Crime Show Up on a Background Check?

A Class E conviction is still a criminal conviction in Maine. It will typically appear on criminal background checks. It may affect employment, housing, and professional licensing decisions.

Trial by Jury: How Jury Trials Work in Criminal Cases

Published on: October 20, 2026 | by Webb Law Firm

What Is a Trial by Jury?

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A trial by jury is a legal proceeding in which a group of citizens hears evidence and decides questions of fact to reach a verdict. The judge presides over matters of law – ruling on objections, admitting evidence, and instructing jurors – while the jury determines guilt or innocence.

So what is a jury trial in practical terms? It is the cornerstone of the American criminal justice system. The Sixth Amendment to the U.S. Constitution guarantees the right to a jury trial in criminal prosecutions. Article I, Section 6 of the Maine Constitution provides the same protection at the state level.

Hearsay Meaning: Legal Definition, Examples, and When It Is Admissible in Court

Published on: March 31, 2026 | by Webb Law Firm

What Is the Legal Definition of Hearsay?

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Hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted. Under the Maine Rules of Evidence, a statement qualifies as hearsay when the declarant does not make it while testifying at the current trial or hearing. A party then offers it at trial to prove the statement is true. The Federal Rules of Evidence define hearsay the same way. Understanding hearsay is essential for anyone facing criminal charges or trying to make sense of courtroom evidence rules.

To define hearsay in plain terms, think of it as secondhand testimony. Hearsay is any statement a witness repeats from someone who is not present to be questioned. Hearsay hinges on one critical phrase: "offered to prove the truth of the matter asserted."

Reasonable Suspicion in Maine: What It Means for Your Rights

Published on: March 31, 2026 | by Webb Law Firm

What Is Reasonable Suspicion?

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Reasonable suspicion is a legal standard that allows law enforcement to briefly stop and detain a person when specific, articulable facts suggest criminal activity may be occurring. It is not a hunch or a guess. Officers must point to concrete observations – behaviors, circumstances, or information – that would lead a reasonable person to suspect something unlawful is happening.

The U.S. Supreme Court established this standard in Terry v. Ohio, 392 U.S. 1 (1968). The Court held that officers may conduct a brief investigatory stop based on reasonable suspicion and objective facts. This type of encounter is often called a “Terry stop.”

What Is the Fruit of the Poisonous Tree Doctrine?

Published on: March 31, 2026 | by Webb Law Firm

What Is the Fruit of the Poisonous Tree Doctrine?

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The fruit of the poisonous tree doctrine is a legal rule that bars courts from admitting evidence police discovered as a result of an illegal search, seizure, or other constitutional violation. It excludes not only the directly seized items but also any secondary evidence that flows from the original unlawful act.

The metaphor behind the rule is simple. The "tree" is the initial unlawful action by law enforcement. This might be an illegal search, a coerced confession, or an arrest without probable cause. The "fruit" is any evidence that grows from that illegal action. If the tree is poisoned, everything it produces is tainted.

You may encounter this concept under slightly different names. Some people call it the "fruit of the poison tree" or "fruit of the poisoned tree." Others use "fruit of the forbidden tree." These are all informal variations. The correct term is the fruit of the poisonous tree doctrine.

The Fourth Amendment protects people from unreasonable searches and seizures. The exclusionary rule prevents the government from using evidence obtained in violation of that right. The fruit of the poisonous tree doctrine extends the exclusionary rule further. It bars derivative evidence discovered because of the violation, not just the evidence police seized directly.

Consider a practical example. Police pull over a driver without reasonable suspicion. During the illegal stop, they find drugs in the car. At the station, the driver confesses. Under this doctrine, both the drugs and the confession may be suppressed. The stop was the poisoned tree. Everything that followed – the search, the drugs, the confession – is its fruit.

Where the Name "Fruit of the Poisonous Tree" Comes From

The phrase "fruit of the poisonous tree" was coined by Justice Felix Frankfurter in Nardone v. United States (1939). In that case, the Supreme Court addressed whether evidence derived from illegal wiretaps should be excluded at trial. Justice Frankfurter's vivid metaphor gave the doctrine its lasting name.

The concept itself predates the phrase. The Supreme Court first applied the underlying principle in Silverthorne Lumber Co. v. United States (1920). This was nearly two decades earlier. But Frankfurter's language stuck in American legal vocabulary.

People frequently search for this rule under different names. Searches for "fruit of the poison tree," "fruit of the poisoned tree," and "fruit of the forbidden tree law" refer to this same doctrine. It is not a statute or a specific law passed by any legislature. Courts developed it through Supreme Court case decisions. It defines when courts must exclude tainted evidence.

How the Doctrine Developed in American Law

The fruit of the poisonous tree doctrine did not appear all at once. It developed through landmark Supreme Court decisions over several decades. Understanding this case law helps explain how the doctrine works today.

The foundation was laid in Silverthorne Lumber Co. v. United States (1920). Federal agents illegally seized documents from a company's office. The government then tried to use information from those documents to issue subpoenas for the same records. Justice Oliver Wendell Holmes wrote that the government could not use knowledge gained through illegal means, even indirectly. The principle was clear. The Fourth Amendment's protection would be meaningless if the government could use illegally obtained information as a stepping stone.

The phrase itself came later. In Nardone v. United States (1939), Justice Felix Frankfurter used the words "fruit of the poisonous tree" to describe evidence derived from illegal wiretaps. The vivid metaphor stuck and became the standard term in American law.

The doctrine was refined further in Wong Sun v. United States (1963). In that case, the Supreme Court addressed how far the taint of an illegal action reaches. The Court asked whether the evidence was obtained through unlawful means. It also asked whether the evidence came through a path sufficiently separate to remove the taint from the original violation. The decision also applied the concept of attenuation – the idea that the connection between illegal police conduct and later evidence can become so weak that the taint fades.

Each case built on the one before it. Together, they created the doctrine as courts apply it today. The fruit of the poisonous tree case law protects defendants from the indirect consequences of constitutional violations, with carefully defined limits.

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When the Doctrine Applies in Criminal Cases

The doctrine comes into play whenever law enforcement violates a person's constitutional rights and that violation leads to the discovery of evidence. Several categories of police misconduct can poison the tree.

Illegal Searches and Seizures

The Fourth Amendment requires police to obtain a warrant based on probable cause before conducting most searches. When officers search without a warrant and no valid exception applies, the search is illegal. The same is true when a search exceeds the scope of a warrant or when officers stop someone without reasonable suspicion.

The taint extends beyond the items found during the illegal search. For example, police search a home without a warrant or consent. Inside, they find financial records. They use those records to get a warrant for the suspect's business. At the business, they find additional evidence. Under the doctrine, the evidence from the business search may be suppressed. It grew directly from the illegal home search.

In our experience handling criminal cases in Maine, warrantless searches are among the most common grounds for suppression motions. Officers sometimes rely on exceptions like consent or exigent circumstances. Those exceptions have strict limits.

Coerced Confessions and Miranda Violations

The Fifth Amendment protects against self-incrimination. When police interrogate a suspect in custody without providing Miranda warnings, any resulting statements may be suppressed. If those statements lead officers to physical evidence, that evidence may also be tainted.

Here is how it works in practice. Police arrest a suspect and question him without reading Miranda rights. He tells them where he hid a weapon. Officers recover the weapon based on his statement. The weapon may be suppressed as fruit of the Miranda violation.

Courts do draw a distinction between testimonial and physical evidence in this context. The Supreme Court has at times allowed physical evidence discovered through un-Mirandized statements to be admitted. The analysis depends on whether the failure to give Miranda warnings was deliberate and on the specific circumstances of the case.

Coerced confessions obtained through threats, physical force, or prolonged isolation create an even stronger basis for suppression. Evidence derived from a coerced statement is almost always subject to exclusion.

Unlawful Arrests and Traffic Stops

An arrest requires probable cause. A traffic stop requires at least reasonable suspicion. When police lack the legal basis for either, everything that follows may be tainted.

This scenario arises often in Maine OUI and drug cases. An officer pulls someone over without a valid reason. During the stop, the officer smells marijuana or notices signs of impairment. A search follows. Drugs are found. The driver is arrested and makes statements at the station.

If the original stop lacked reasonable suspicion, all of that evidence may be suppressed. This includes the drugs, the field sobriety results, and the statements. When suppression removes the evidence a charge rests on, the prosecution can be left without a case. The legality of the first encounter matters enormously.

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Exceptions to the Fruit of the Poisonous Tree Doctrine

The doctrine is powerful, but it is not absolute. Courts have carved out several exceptions where evidence may still be admitted even though it connects to an initial constitutional violation. These exceptions define the doctrine's practical limits.

The Independent Source Doctrine

Evidence is admissible if police obtained it – or could have obtained it – through a source completely independent of the illegal action. The key question is whether the evidence has a clean, untainted origin.

The Supreme Court addressed this in Murray v. United States (1988). Officers illegally entered a warehouse and saw bales of marijuana. They then obtained a warrant on information from a separate investigation. The question the Court set out was whether that later warrant rested on a source genuinely independent of the illegal entry. Evidence first seen during an unlawful entry comes in only if that independent source is real.

The prosecution bears the burden of proving the independent source. They must show that the lawful basis for obtaining the evidence was genuinely separate from the illegal conduct.

The Inevitable Discovery Exception

Evidence may be admitted if the prosecution proves it would have been discovered through lawful means regardless of the illegal conduct.

This exception comes from Nix v. Williams (1984). Police obtained the location of a murder victim's body through an interrogation that violated the defendant's right to counsel. However, a volunteer search party was already approaching the area where the body was buried. The Court ruled the evidence admissible because lawful discovery was inevitable.

Prosecutors must show by a preponderance of evidence that routine procedures or ongoing investigations would have uncovered the same evidence. Speculation is not enough.

The Attenuation Doctrine

Evidence may be admitted when the connection between the illegal conduct and the evidence is so remote that the taint has faded. The question is whether enough time and intervening events have broken the causal chain.

Wong Sun v. United States (1963) addressed this concept. Utah v. Strieff (2016) applied it more recently. That case held that an outstanding arrest warrant discovered during an unlawful stop was a sufficient intervening circumstance to break the chain.

Courts weigh three factors. First is the time that passed between the illegality and the discovery of evidence. Second is intervening circumstances. Third is the purpose and flagrancy of the police misconduct. Deliberate, flagrant violations are less likely to be attenuated. A minor or negligent error is more likely to be excused.

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How the Doctrine Works in Maine Criminal Cases

Maine courts apply the exclusionary rule and its extensions in both District Court and Superior Court proceedings. The practical tool for invoking the doctrine is a motion to suppress evidence filed under Maine court rules.

When a defense attorney believes evidence was obtained through a constitutional violation, they file a motion to suppress. The motion identifies the specific evidence and explains why it should be excluded. The court then holds a hearing where both sides present evidence and argument.

The court that hears the motion depends on the charge. Class D and E crimes carry less than a year of imprisonment, and the District Court's jurisdiction over them is shared with the Superior Court. Class A, B, and C crimes carry longer terms, though the District Court may still take a guilty plea in one of those cases, other than murder, if the defendant waives indictment and jury trial in writing. In either court, the suppression hearing follows a similar structure under Maine Rules of Unified Criminal Procedure Rule 41A.

At a suppression hearing, the prosecution typically bears the burden of proving that the search, seizure, or interrogation was lawful. The hearing usually begins with testimony from the officer who conducted the stop, search, or interrogation. The defense cross-examines the officer on several key details.

The cross-examination explores the basis for the stop. It examines the timeline of events. It asks whether consent was requested and how it was obtained. It identifies any inconsistencies between the officer's testimony and body camera footage or dispatch records.

If the defense establishes that the initial police action was illegal, the burden shifts to the prosecution. The prosecution must show that any derivative evidence falls under one of the recognized exceptions.

After the judge rules, the consequences can be significant. If the court grants the suppression motion, the case may be seriously weakened. The state may appeal a pretrial order suppressing evidence to the Law Court, with the written approval of the Attorney General and before the defendant has been placed in jeopardy. This means the state can challenge the suppression ruling at a higher court rather than simply losing the case at trial.

Maine's constitution provides its own protections. Article I, Section 5 of the Maine Constitution guards against unreasonable searches and seizures. That section also requires that a warrant specially designate the place to be searched and the person or thing to be seized, on probable cause supported by oath. A suppression motion in a Maine court can rest on the state provision as well as on the Fourth Amendment.

In our experience filing suppression motions in Maine courts, judges closely scrutinize the timeline between the initial police encounter and the discovery of evidence. Successful suppression of tainted evidence can change the entire trajectory of a case. When key evidence is excluded, prosecutors may have to reduce charges, offer favorable plea agreements, or dismiss the case entirely.

The strength of a suppression argument depends on the facts. Every detail matters. These include what the officer knew before the stop. They include whether consent was truly voluntary. They include how the interrogation was conducted. They include how one piece of evidence led to the next. Careful review of police reports, body camera footage, and dispatch records is essential.

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Talk to a Maine Criminal Defense Attorney About Suppressing Evidence

Suppressing evidence requires careful review of how police gathered every piece of evidence in your case. This means examining police reports, body camera footage, dispatch logs, and the full timeline of events from the initial encounter through your arrest.

A motion to suppress must be served on the prosecutor at least 7 days before the date set for the dispositional conference and filed with the court no later than the next court day after it. A later motion can be heard only for good cause shown, so waiting to challenge evidence can cost you the argument entirely.

If you believe your rights were violated during a traffic stop, search, or arrest, the evidence against you may be vulnerable. A successful motion to suppress could remove the prosecution's key evidence and fundamentally change the direction of your case.

Webb Law Firm handles suppression motions in Maine criminal courts. We evaluate police conduct in OUI, drug, and other criminal cases to determine whether constitutional violations occurred and whether the evidence may be challenged. Every case is different. The strength of a suppression argument depends on the specific facts. Suppressing evidence can decide a case, because the state still has to prove every element beyond a reasonable doubt on whatever is left.

Contact Webb Law Firm for a free consultation to review how the evidence in your case was obtained. A criminal defense attorney can assess the facts and advise you on your options.

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Frequently Asked Questions

Can Illegally Obtained Evidence Ever Be Used Against You in Court?

Yes, illegally obtained evidence can be used against you in some circumstances. Courts recognize exceptions to the exclusionary rule. These include the independent source doctrine, the inevitable discovery exception, and the attenuation doctrine. If the prosecution can prove that the evidence would have been found through lawful means, it may still be admitted. If the evidence came from an untainted source, it may also be admitted.

What Happens to Your Case if Evidence Is Thrown Out?

When a court suppresses key evidence, the prosecution must proceed without it. This often weakens the case significantly. Prosecutors may reduce charges, offer a more favorable plea agreement, or dismiss the case entirely if the suppressed evidence was central to their case.

Does the Fruit of the Poisonous Tree Doctrine Apply to All Types of Evidence?

The doctrine can apply to physical evidence, statements, confessions, identification evidence, and other items discovered as a result of a constitutional violation. However, courts analyze each type of evidence differently. For example, the Supreme Court has treated physical evidence found through un-Mirandized statements differently than it treats coerced confessions.

How Do You Challenge Evidence as Fruit of the Poisonous Tree in Maine?

A defense attorney files a motion to suppress evidence under Maine court rules. The motion identifies the evidence and explains the constitutional violation. The court holds a hearing where both sides present their arguments. If the judge finds the initial police action was unlawful, derivative evidence may be excluded.

What Is the Difference Between the Exclusionary Rule and the Fruit of the Poisonous Tree Doctrine?

The exclusionary rule bars evidence that police obtained directly through a constitutional violation. The fruit of the poisonous tree doctrine extends that protection further. It bars evidence that police discovered indirectly because of the violation. Together, they prevent the government from benefiting from unlawful conduct at any stage of the investigation.

Is "Fruit of the Forbidden Tree" the Same as Fruit of the Poisonous Tree?

"Fruit of the forbidden tree" is an informal name some people use for the fruit of the poisonous tree doctrine. The correct legal term is "fruit of the poisonous tree." It is not a separate statute or rule. It refers to the same evidence doctrine developed through Supreme Court decisions. That doctrine bars courts from admitting evidence derived from constitutional violations.

What Is a Disposition Hearing? Meaning, Process, and What to Expect

Published on: March 31, 2026 | by Webb Law Firm

What Is a Disposition Hearing?

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A disposition hearing is a court proceeding where the final outcome of a criminal case is determined. This may happen through a plea agreement, sentencing, dismissal, or another resolution. A disposition hearing is the stage where a case reaches its conclusion without going to a full trial. The disposition is the final decision or outcome recorded for a case.

A disposition hearing differs from a trial. Trials involve presenting evidence to a judge or jury who decides guilt or innocence. A disposition hearing typically happens when both sides have reached or are working toward an agreement. The judge then reviews that agreement and decides whether to accept it.

How To Know if You Have a Misdemeanor on Your Record in Maine

Published on: March 31, 2026 | by Webb Law Firm

What Is a Misdemeanor in Maine?

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Understanding what constitutes a misdemeanor under Maine law is the first step if you wonder whether you have one. Maine does not use the terms “misdemeanor” and “felony” as formal statutory labels. Instead, the state classifies all crimes by letter grade under Maine’s crime classification system. Classes A, B, and C are felony-level offenses. Classes D and E are misdemeanor-level offenses.

Class D misdemeanors are the more serious of the two. Common examples include simple assault, theft of property valued at more than $500 but not more than $1,000, and criminal mischief. Class E misdemeanors cover less serious conduct such as disorderly conduct and possession of a schedule Y or Z drug. Possession of a schedule W or X drug is a Class D crime or higher.

A Complete List of Criminal Charges in Maine: Crimes, Classes, and Sentences

Published on: March 31, 2026 | by Webb Law Firm

How Maine Classifies Criminal Charges

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Maine organizes every criminal offense except murder into a letter-class system that determines how severe the penalties can be. The classification framework is essential to understanding criminal charges in Maine. Maine groups crimes into five classes – Class A through Class E – plus civil violations that carry fines but no jail time. Class A is the most serious criminal classification. Class E is the least serious.

Unlike most states, Maine does not use the terms “felony” and “misdemeanor” in its criminal statutes. Instead, the classification system assigns each offense a letter class. In practice, Classes A, B, and C are commonly understood as felony-level offenses. These carry potential state prison sentences. Classes D and E function as misdemeanors. Penalties may include county jail time, fines, or both.

What Is Considered Disorderly Conduct in Maine? Penalties, Fines, and Defenses

Published on: March 31, 2026 | by Webb Law Firm

What Is Considered Disorderly Conduct in Maine?

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In Maine, disorderly conduct means any behavior that disturbs the public peace. This includes fighting in public, making loud and unreasonable noise, using offensive words that tend to provoke a violent response, or releasing noxious and offensive odors in a public place. The offense is defined under disorderly conduct and is classified as a Class E crime.

The statute lists specific categories of prohibited conduct:

Fighting without justification in a public place, when the person intentionally or recklessly causes annoyance to others
Making loud and unreasonable noise in a public place, including noise from consumer fireworks
Using offensive, derisive, or annoying words or gestures directed at another person in a public or private place, when those words or gestures would in fact have a direct tendency to cause a violent response by an ordinary person in that situation
Activating a device or exposing a substance that releases noxious and offensive odors in a public place
Disrupting a funeral, burial, or memorial service by knowingly accosting, insulting, or taunting mourners with offensive conduct likely to provoke a violent response
Making loud and unreasonable noise in a private place that can be heard as unreasonable noise in a public place or another private place, after a law enforcement officer has ordered the person to stop

Each behavior requires a specific mental state. The person must act intentionally, recklessly, or knowingly, depending on the subsection. Accidentally causing a disturbance does not meet the statutory definition.

Some behaviors do NOT qualify as disorderly conduct. A private argument on your own property without noise audible to others falls outside the statute. So does a private argument without a prior police order to stop. Speech protected under the First Amendment is not disorderly conduct. This includes peaceful political protest and expressing unpopular opinions. Such speech loses protection only if it crosses into fighting words or conduct likely to provoke an immediate violent response.

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How Much Is the Fine for Disorderly Conduct in Maine?

Many people want to know the fine amount for disorderly conduct. The answer depends on several factors. The statutory maximum for a Class E crime is $1,000 under Maine law, maximum fine for Class E crimes. Judges have discretion to impose any amount up to that cap.

When setting the fine amount, the court considers several factors. These include your present and future ability to pay. The court also weighs the financial burden payment will cause you or your dependents. Your prior record, the severity of the conduct, and any cooperation with law enforcement all matter. Under Maine law, sentencing considerations, the judge must weigh these financial factors whenever the fine amount is not fixed by statute.

Mandatory surcharges and assessments stack on top of the base fine. Under Maine law, surcharges on criminal convictions, all criminal convictions carry surcharges for the Government Operations Surcharge Fund. An assessment for the Victims' Compensation Fund also applies. A surcharge for the County Jail Operations Fund also applies. These amounts are set by separate statutes and add to the total you must pay. Confirm current surcharge amounts with the court clerk or an attorney.

Payment options include:

Immediate payment to the clerk of court at the time of sentencing
Installment plan – the court may grant permission to pay within a specified period or in specified installments under Maine law, installment payment plans
Payment as a condition of probation – the judge can make fine payment a probation requirement
Community service after a default – a person who defaults on a fine for a Class C, D, or E crime may be ordered to perform community service under Maine law, community service alternative. The credit rate equals the current hourly minimum wage.

If restitution has also been ordered, restitution must be paid in full before any fine payment begins.

Nonpayment carries serious consequences. A defendant who defaults on a fine must return to court to explain the failure. Unless you prove the default was not an intentional refusal to obey the court's order, the court must find it unexcused. The same follows if you failed to make a good-faith effort to obtain the money. In these cases, the judge may order confinement in county jail for up to six months. Community service work may be ordered instead. The court may also issue a bench warrant if you fail to appear for a default hearing. Consult an attorney if you are struggling to pay a court-ordered fine.

How Maine Classifies Disorderly Conduct as a Misdemeanor

Disorderly conduct is a Class E crime in Maine. This makes it a misdemeanor – not a felony and not a civil infraction. It sits at the lowest rung of Maine's criminal classification system, but real consequences still apply.

Maine organizes offenses into a clear hierarchy. Felonies – Classes A, B, and C – sit at the top. These carry potential state prison sentences: a felony term of more than 9 months goes to the Department of Corrections and a term of 9 months or less to a county jail, under Maine's rules on where a sentence is served. Below those are misdemeanors – Classes D and E – for which the court normally specifies a county jail. Civil violations sit at the bottom and are not crimes at all. Disorderly conduct falls into Class E, the least serious criminal category.

One statutory factor can change the sentencing class: if the State pleads and proves the crime was committed with a dangerous weapon, the sentencing class moves one level higher. Refusing a lawful dispersal order where six or more people are involved is a separate crime under Maine's failure to disperse law – a Class D crime for a participant and a Class E crime for a bystander. Conduct aimed at a funeral or memorial service is listed inside the disorderly conduct statute itself and is still a Class E crime.

Maine's Misdemeanor Classes Explained

Many people ask about the punishments for a Class A misdemeanor, but Maine does not use that label. In Maine's system, Class A is actually a felony – the most serious category – carrying up to 30 years in prison. This confuses people who move to Maine from states that use "Class A misdemeanor" to describe their highest misdemeanor level.

Maine's two misdemeanor classes work as follows:

Class D misdemeanor: Less than one year in county jail and fines up to $2,000. This is Maine's most serious misdemeanor. It is the closest equivalent to what other states call a "Class A misdemeanor."

Class E misdemeanor: Up to 6 months in county jail and fines up to $1,000. Disorderly conduct falls here.

The jail limits come from Maine's maximum terms of imprisonment by crime class; the fine caps come from the separate schedule of maximum fines. Every case is different. Actual sentences depend on the circumstances and your history.

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Penalties and Fines for Disorderly Conduct in Maine

The fine for a disorderly conduct conviction in Maine is up to $1,000 under the maximum fine for Class E crimes. The offense also carries up to 6 months in county jail under Maine law, the maximum jail term for Class E crimes. These are maximum penalties for a Class E crime. The court may impose a fine, jail time, or both.

Disorderly Conduct Fine Amounts in Maine:

Maximum statutory fine: $1,000 for a Class E crime
Judicial discretion: The judge sets the fine amount up to that cap based on the circumstances, your record, and ability to pay
Mandatory surcharges and fees: The Government Operations Surcharge, Victims' Compensation Fund assessment, and County Jail Operations Fund surcharge apply to all criminal convictions and add to the total amount owed
Fine-only dispositions: The court may impose a fine without jail time, particularly for first-time offenders
Combined sentences: The judge may impose both a fine and probation, with fine payment as a condition of probation

For first-time offenders with no criminal history, judges rarely impose the maximum jail sentence. Many first-offense cases result in fines, probation, or both. Repeat offenders face harsher treatment. A second or third disorderly conduct charge signals a pattern. Prosecutors push for jail time more aggressively.

A conviction creates a permanent criminal record even without jail time. A Class E crime appears on background checks for years. This affects employment, housing applications, and professional licensing.

Collateral Consequences of a Misdemeanor Conviction

The penalties on paper tell only part of the story. Real-world impacts of a disorderly conduct conviction reach far beyond the courtroom.

Employment: Many employers run background checks. A criminal record – even for a Class E misdemeanor – can cost you a job offer or promotion.

Professional licensing: Certain licenses in healthcare, education, finance, and law require clean criminal histories. A conviction may trigger review or disqualification.

Housing: Landlords routinely screen applicants. A misdemeanor conviction can make it harder to rent an apartment.

Immigration: For non-citizens, any criminal conviction can trigger deportation proceedings. It may affect visa and green card applications. Even a minor misdemeanor carries serious immigration risk.

Firearm rights: A Class E conviction does not by itself bar firearm possession, because Maine's prohibition reaches crimes punishable by a year or more. It does apply if the State pleaded and proved the crime involved a dangerous weapon. Probation conditions may also temporarily restrict firearm possession.

These consequences make fighting even a seemingly minor charge worthwhile. Consult with an attorney to understand how the law applies to your specific situation.

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Common Defenses Against Disorderly Conduct Charges

Several defense strategies apply to disorderly conduct cases in Maine. The right approach depends on your situation's facts.

The conduct does not meet the statutory definition. Not every argument or loud outburst qualifies as disorderly conduct. If your behavior does not fit the specific categories listed in the statute, the charge should not stand. Yelling during a dispute on your own property may not constitute disorderly conduct in a public place, for example.

First Amendment protection. Free speech is a powerful defense, but it has limits. Peaceful protest, political speech, and expressing opinions – even loudly – are protected. Fighting words, true threats, and incitement to violence are not. If your charge stems from verbal expression rather than physical conduct, a constitutional defense may apply.

Lack of intent or recklessness. Maine's disorderly conduct statute requires the person to act intentionally, recklessly, or knowingly, depending on the subsection. If the behavior was accidental or involuntary, the required mental state is absent. A medical episode that caused erratic behavior can fall short of the mental state required. An unexpected reaction to medication can also fall short. A reflexive response to being startled may also fall short of what the statute demands. Under Maine law, involuntary conduct defense, involuntary conduct is a recognized defense.

The "public place" element. Only the fighting, noise, and odor subsection requires the conduct to occur in a public place. A heated argument inside a private home with no noise audible outside may fall outside those subsections, though the accosting subsection still reaches a private place. Subsection 1(C) covers loud noise in a private place. However, it only applies after a law enforcement officer has ordered the person to stop. If no order was given, private noise alone may not support a conviction.

Self-defense. If the disorderly conduct charge is based on fighting, Maine's rule on physical force in defense of a person may justify the conduct. A person may use reasonable nondeadly force to defend against what they reasonably believe is the imminent use of unlawful, nondeadly force. This defense applies often in bar altercations or situations where you were responding to a physical threat. However, self-defense is not available if you provoked the confrontation or were the initial aggressor.

Mistaken identity. Chaotic situations with multiple people make identification errors common. Bar fights, protests, and large gatherings create confusion. If officers arrived after the disturbance ended and arrested the wrong person, witness testimony, surveillance footage, and body camera video can establish innocence.

Disputing the officer's account. Police reports are not infallible. Body camera footage, surveillance video, and witness statements sometimes contradict an officer's version of events. Inconsistencies between the report and the available evidence can weaken the prosecution's case.

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What to Expect After a Disorderly Conduct Arrest in Maine

Understanding the process helps reduce anxiety. It also lets you make better decisions at each step.

After arrest, police will book you at the local station. Fingerprints, photographs, and paperwork follow. For a Class E disorderly conduct charge, most people are released on personal recognizance the same day. This means you sign a promise to appear in court without posting bail. Bail may apply if you have outstanding warrants or a significant criminal history.

Your first court appearance is the arraignment, held in district court. You will hear the formal charges and enter a plea. In our experience, this hearing is brief – often lasting just a few minutes.

After arraignment, plea negotiations typically begin. Many district court prosecutors in Maine are willing to negotiate disorderly conduct charges down to a civil violation. This applies when you have no prior criminal history. A civil violation carries a fine but no criminal record – a far better outcome than a Class E conviction.

If negotiations fail, the case proceeds to trial in district court. Maine district courts in Portland, Biddeford, Augusta, and Bangor regularly handle these cases. Having an attorney who knows the local prosecutors and court procedures gives you a real advantage. Early legal representation provides the best opportunity to shape the outcome. Penalties may vary depending on circumstances.

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Talk to a Maine Criminal Defense Attorney About Your Charge

Disorderly conduct may sound minor, but the criminal record it creates is anything but. A conviction follows you on background checks for employment, housing, and licensing – long after you pay the fine or complete probation.

Webb Law Firm has experience defending clients against misdemeanor charges in Maine district courts across the state. We understand how local prosecutors handle these cases and what it takes to get charges reduced or dismissed. When you face criminal defense charges, having experienced representation makes a difference.

Call today for a free consultation. We will review the facts of your case and explain which defenses may apply. We will also outline a strategy to protect your record. Early attorney involvement gives you the strongest chance at a favorable result.

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Frequently Asked Questions About Disorderly Conduct in Maine

Can Disorderly Conduct Charges Be Dropped or Dismissed in Maine?

Yes, disorderly conduct charges can be dropped or dismissed. Prosecutors may decline to pursue the case if evidence is weak. They may also drop the case if the complaining witness does not cooperate or if your attorney negotiates a resolution. Many first-time offenders see charges reduced to a civil violation or dismissed entirely through plea negotiations.

Will a Disorderly Conduct Conviction Show Up on a Background Check?

Yes. A Class E disorderly conduct conviction creates a criminal record that appears on standard background checks. Employers, landlords, and licensing boards can see it. This is one reason it is worth fighting the charge rather than simply pleading guilty to resolve the matter quickly.

Is Disorderly Conduct a Felony or a Misdemeanor in Maine?

Disorderly conduct is a misdemeanor in Maine – specifically a Class E crime, the lowest criminal classification. It is not a felony. However, it is still a criminal offense that results in a permanent record if you are convicted.

Can You Go to Jail for Disorderly Conduct in Maine?

Yes. A Class E conviction carries up to 6 months in county jail. In practice, first-time offenders rarely receive jail time. Repeat offenders or those involved in especially disruptive incidents face a real risk of incarceration.

How Much Is a Fine for Disorderly Conduct With No Prior Record?

The maximum fine for a Class E crime is $1,000, and the judge sets the amount up to that cap. In practice, many first-offense cases are resolved with a fine and probation instead of jail time. Mandatory surcharges and assessments are added on top of whatever fine the court imposes.

What Is the Difference Between Disorderly Conduct and Assault in Maine?

Disorderly conduct involves disturbing the peace through fighting, loud and unreasonable noise, offensive words, or noxious odors. Assault involves intentionally causing bodily injury or offensive physical contact to another person. Assault is a Class D misdemeanor – a Class C felony if an adult injures a child under 6 – and carries a $300 minimum fine the court may lower only for exceptional circumstances. The two charges can arise from the same incident, but they target different behaviors.