When will I get the report?
Many people put in requests for their police reports and expect them within a few days of their arrest. Even though they are YOUR reports, it is unrealistic for the officer and the PD to get them out to you that quickly. You will most likely not get any reports until your first court date when you have your arraignment. Unfortunately, this is often several weeks and sometimes up to two months after your arrest.
How should I read the report?
What should I do first?
You should call a lawyer right away. If you have not been arrested but think you might be soon, your lawyer could set up an arrangement to allow you to turn yourself in rather than have the PD show up to your house or even your job. If the PD is reaching out to you to get your side of the story, you should not speak to them without a lawyer present. This may be your chance to give your side of the story, but it is more likely that things will only get worse after this interview.
What should I do to help my case?
By: Attorney Vincent S. LoConte
What is the question?
Often in a traffic stop when an officer suspects impairment, they will ask the question “on a scale of 1 to 10, 1 being sober and 10 being pass out drunk, how would you rate yourself”. Seems like a straight forward question, but is it really fair, and is there a right and wrong answer?
By: Webb Law Intern Kayla Estes
Is Marijuana Legal Under Federal Law?
Marijuana is currently illegal under federal law. Federal law divides each drug into a “schedule” classification according to its properties. Schedule I drugs include almost all illegal drugs, while Schedule V drugs are the least addicting, such as some cough medicines. Schedule I drugs carry the most severe punishments under federal law.
By: Maine Criminal Defense Attorney Katherine M. Campbell
It is well known that when you see an emergency vehicle driving up behind you with its lights or siren activated, you pull over. But one important law that many motorists fail to follow is Maine’s “Move Over” law which also requires you to move over when an emergency vehicle is stationary on the side of the road.
When you are stopped and the officer suspects impairment, they will utilize field sobriety tests to determine possible impairment due to alcohol or drugs. Your performance on these field sobriety tests is used by the officer to develop probable cause for arrest and as evidence in court.
A wide variety of field sobriety tests exist and range in terms of reliability and weight if used in court. There are three standardized tests that are meant to be done identically by every officer to yield the most accurate results. There are also many more non-standardized tests that hold less evidentiary weight, but still can be used by an officer. The three standardized tests are Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.
Everyone knows someone that has gotten an OUI. And if you don’t know of anyone, a friend of a friend likely has.
To give you an idea, in 2016, there were 8594 arrests relating to driving under the influence. This does not mean convictions of any crimes.
Getting pulled over for an OUI can happen relatively easily, and unfortunately, most often, you are guilty until proven innocent. And the way to prove your innocence can also condemn you in a court of law.
Operating under the influence (OUI) is a charge known as DUI in other states, which tends to be the more recognized acronym.
Being charged with an OUI means that you were driving or trying to operate a vehicle (that’s any motorized vehicle) while under the influence of drugs or alcohol.
For an OUI in Maine, the legal limit for alcohol in your blood or breath is 0.08%. If you’re over this, you can be charged with an OUI.
Revised September 20, 2019 by John Webb and Katie Campbell
If you have been charged with sex crime charges, you need to understand the allegations so your criminal law attorney can respond (on your behalf) accordingly. The first thing to do is not talk to any police investigator without legal representation by an experienced sex crimes attorney. Only those convicted will be placed on the registered sex offender list.
By: John S. Webb, Top-Rated Lawyer in Maine: Offices in Portland ME & Saco ME
Posted: March 2, 2021
Facing criminal charges turns a person’s world upside down. The accused person’s plans are thrown into a cauldron of uncertainty, fear of the unknown, and often a deep sense of regret. Taking on the responsibility for relentlessly investigating to find solutions for our clients is why our Maine criminal defense lawyers exist.
Southern Maine Criminal Lawyer Blog
