Articles Posted in Maine Criminal Law

A Maine protection order is issued in an effort to protect a spouse or girlfriend from further harrassment and physical abuse by their partner.  These domestic violence orders also can protect any children involved. The no contact order specifies the distance that one person must stay away from the filing party, for example 50 yards. This legal document also lists the prohibited means of communication like no phone calls, no Facebook messages, and no other social media contact.

What If a Temporary Order Is Already in Place?

The first thing you need to be aware of is if there is a temporary order in place when you are served the order. A temporary protection order takes effect as soon as it is signed by a judge. However, the defendant must have actual notice of the temporary order, or have been served with the order, in order to be charged with a crime for violating it. Even if you feel that the allegations are false and the case is eventually found in your favor, the temporary order still must be respected or you could face criminal charges. For example, if the temporary order prohibits you from entering a home you shared with the plaintiff, you will be charged with a crime if you enter the house, even if the plaintiff has invited you. Violation of a temporary protection order is a Class D crime that carries penalties of up to 364 days in jail and/or a fine of up to $2,000.

best-criminal-lawyer-400x284-1-300x213What Charges Affect Student Loans?

If you have been charged with a violation, you are probably wondering where else this charge may affect you, other than with the law. One area that you may be affected is through schooling. If you are incarcerated, you would have limited eligibility for the federal student aid program. But once you are released, many of those limitations are removed. There are, however, a few charges that limit your aid eligibility even after being released.

If you are receiving or applying for federal student aid, there is a chance that past criminal charges may affect you. For instance, the FAFSA, a form used by many college students to apply for federal financial aid for college or graduate school, will ask whether you have had a drug conviction for an offense that occurred while receiving aid. If your answer to this question is “yes,” you will be provided with a worksheet to determine your eligibility for federal student aid. This does not necessarily mean that you are entirely ineligible to receive federal funding, but it may mean that you are ineligible for a certain period of time.

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Maine Attorney John Webb

Disclaimer: Welcome to the Webb Law Firm OUI Podcast. This podcast does not create an attorney – client relationship. You will not become a client until a written contract is agreed to between the host and listener. This podcast conveys only general legal information. Every legal situation is different due to changing laws and the facts of the case. If you have a question, do not hesitate to call us at (207) 283-6400.

SO TODAY we’re going to have a general discussion about arraignments. Just to review, in Maine, class A, B, & C crimes are felony crimes that are punishable by a year or more in prison. Class D & E crimes are punishable up to 364 days in prison and are misdemeanors. Felony crimes include but are not limited to Aggravated Assault, Gross Sexual Assault, Arson, and Manslaughter, just to name a few. Misdemeanors are Domestic Violence Assault, Operating Under the Influence, “Simple” Assault, Trespass, Disorderly Conduct, and the like.

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