Articles Posted in Maine Criminal Law

What Is Hearsay? The Legal Definition and How It Affects Your Criminal Case

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

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.

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?

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The fruit of the poisonous tree doctrine holds that evidence obtained as a direct result of an illegal search, seizure, or other constitutional violation is inadmissible in court. This rule bars not only the illegally seized items but also any secondary evidence that flows from the violation.

The metaphor is straightforward. 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.

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.

Disorderly Conduct Is a Misdemeanor in Maine – Here’s What That Means for You

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

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 Is Considered Harassment by Law in Maine?

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

What Legally Counts as Harassment?

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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. Under this statute, a person commits harassment by engaging in a course of conduct with the intent to harass, torment, or threaten another person, without reasonable cause, after being notified not to engage in that conduct. The notice can come from a police officer, and it expires after one year. It can also come from a court in a protective order. Conduct that happens before the required notice is not criminal harassment under this statute. The law requires that the behavior be intentional. Accidental or incidental contact – even if unwelcome – does not meet the legal threshold.

How to Beat a Trespassing Charge in Maine: Defenses & Examples

Published on: March 30, 2026 | by Webb Law Firm

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. Criminal trespass in a dwelling is a Class D misdemeanor. It applies when the property is a dwelling – someone’s home or living space. Aggravated criminal trespass is a separate charge and a Class C felony. It applies when a person enters a dwelling without permission and, while inside, commits a crime against a person, such as assault, or a sexual assault. It also applies when a person enters a dwelling without permission and has 2 or more prior convictions within the past 10 years for burglary or criminal trespass in a dwelling.

Indecent Exposure Charges for Women in Maine: Laws, Penalties & Defenses

Published on: March 30, 2026 | by Webb Law Firm

What Is Indecent Exposure in Maine?

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.

Indecent exposure in Maine refers to the crime of knowingly exposing one’s genitals in circumstances likely to cause affront or alarm. The statute applies equally to women and men. A conviction carries criminal penalties including potential jail time. Understanding how Maine defines this offense is essential for anyone facing charges or trying to avoid them.

A person commits indecent conduct by exposing their genitals under circumstances likely to cause affront or alarm to others. This is a Class E crime in Maine. The same statute also makes a sexual act in a public place a Class E crime. It also covers exposing your genitals from a private place when you intend to be seen from a public place or from another private place, or when you intend to be seen by someone in that same private place in a way you know is likely to cause affront or alarm.