The LATHAM & WATKINS Group stands out from the many firms across the state due to our fierce commitment to defending those charged with a violent crime, property crime, OUI/DUI, or other criminal offense. We understand how even a minor charge can impact your life, and we will fight to protect you every step of the way.
The Client was charged an OUI Refusal with a maximum Penalty of 364 days in jail, 14-month loss of license (including 275-day BMV suspension), & a $2,000 fine.
Tom was able to get the OUI Refusal dismissed and a plea of guilty to one count of Driving to Endanger for a $575 fine and 30-day loss of license. Our client’s time suspended while awaiting his BMV Hearing was credited toward the 30 days.
The Client was charged with 5 Counts of Class A Aggravated Trafficking in Scheduled Drugs, 1 Count of Class B Unlawful Trafficking of Scheduled Drugs.
Tom was able to obtain a dismissal of all Class A and Class B charges as well as changing a guilty plea to a single count of Class C Unlawful Furnishing of Scheduled Drugs for a jail sentence of 6 months and 20 days with full credit for all time…
The client was charged with an OUI Refusal that has a maximum penalty of 364 days in jail, 14-month loss of license (including 275-day BMV suspension), & $2,000 fine.
The jury deliberated for just 15 minutes, and returned a verdict of not guilty.
Client was charged with Driving to Endanger.
The client was placed on a deferred disposition for one year, after which, the charge would be dismissed.
The client had 5 charges including aggravated drug trafficking charges, including one of which was a federal charge.
We kept the prosecutor’s office in the dark in both states about the competing criminal charges, which ensured that his overall liability remained at only 5 ½ years in prison as opposed to the original 20+ years.
The client was charged with Aggravated Forgery after attempting to buy a firearm and being informed they were a felon.
Mikayla had the record updated to a misdemeanor conviction resulting in the sergeant no longer pursuing criminal charges against our client.
The client was charged with operating under the influence and breath test refusal.
Mikayala was able to negotiate a plea to Driving to Endanger, for the mandatory minimum fine and license suspension.
The client was charged with Unlawful Sexual Contact, Unlawful Sexual Touching, Assault (x4), Theft of Services
Our client plead guilty to two counts of assault for a sentence of 180 days with all but 10 days suspended.
The client was charged with multiple counts of burglary, accused of breaking into businesses and had $50,000 in cash seized at the time of his arrest.
The Court ruled in client’s favor and released the roughly $50,000.00.
Client was charged with operating under the influence with a breath level of .17, Driving to Endanger, Criminal Mischief and Leaving the Scene of an Accident.
The case would be deferred for a year and a half, and as long as his client followed the rules of the deferred disposition, three of the four charges would be dismissed, and his client would only face a conviction for Driving to Endanger,
Client was accused of instigating a felony high speed chase, resisting arrest and operating under the influence of alcohol, as well as refusing to submit to the breath test.
The DA agreed to dismiss the felony & resisting arrest charges completely while the client pled guilty to operating under the influence for no jail time.
Accused of striking their partner in the mouth during a mutual argument while traveling away from home, and was arrested for domestic violence assault.
Reunited the family without unnecessary delay and provide closure for his client that saved them from severe criminal consequences.
Client was accused of driving over 100 miles per hour in a 55mph zone while having his two young children in the car.
The Endangering the Welfare of a Child charge was dismissed and jail time was avoided on the criminal speed charge.
Investigated for having sex with a family member while that person was passed out due to either drug or alcohol intoxication.
The result was no charges were filed against our client.
Charged with a single count of Gross Sexual Assault, class A; four counts of Unlawful Sexual Contact, class B; and a single count of Domestic Violence Assault, class D.
The state moved to dismiss the complaint and all 6 counts with prejudice due to difficulty procuring a key witness in the case.
2 counts of Gross Sexual Assault class A (punishable by up to 30 years in prison per count); 2 counts of Unlawful Sexual Contact class B (punishable by up to 10 years in prison per count); and 2 counts of Unlawful Sexual Contact class C (punishable by up to 5 years in prison per count).
The judge agreed that the state had not provided sufficient evidence on these counts for a jury to reach a verdict, and as such, the court dismissed those counts with prejudice.
2nd Offense OUI (4th lifetime) & Violation of a License Restriction
Prior to officers giving their testimony at the hearing, DA offered client a Deferred Disposition with the end result being a dismissal of the OUI & Violation of License Restriction charges in return for a guilty plea to Driving to Endanger.
Violation of Conditions of Release
NOT GUILTY following a jury trial. Attorney Hitchcock argued that the term "residing" was nebulous and unenforceable. Convinced the jury that the State was overreaching and that he should not have been charged. Jury agreed with a quick NOT GUILTY verdict.
OUI Refusal
Not Guilty at trial!
2nd Offense OUI (.14% BrAC)
Deferred Disposition with a Driving to Endanger charge at the end.
OUI Refusal (Class D), Reckless Conduct with a Deadly Weapon (Class C felony)
OUI Refusal and felony Reckless Conduct with a Deadly Weapon dismissed. Client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day suspension of the client's license. No suspension through the BMV.
OUI (.11%)
Because the client's clothing was saturated in gasoline, the Intoxilyzer 8000 kept registering errors. The arresting officer did not follow proper protocols to ensure that the gasoline fumes dissipated from the room and as a result, I was able to convince the DA to dismiss the OUI charge. My client…
OUI Refusal
Client would lose his / her job if convicted of the OUI. This case was a "loser" right out of the gate and there was zero chance of winning this case on the merits. So instead, I successfully negotiated a DTE out of this case. I provided the DA with…
1st offense OUI with a .16% BrAC test
My client had a significant disability as one leg was shorter than the other. Client was also a diabetic. The officer never medically qualified my client for SFSTs or the breath test and as a result, the client was unable to properly perform the field sobriety tests to the satisfaction of…
Passing a Stopped School Bus
Client was at his / her son's school waiting to pick the child up. There were school buses stopped in the parking lot with their lights flashing. A car behind him / her was honking its horn and startled my client who pulled forward, past the school buses. A local…
Criminal Threatening with a Deadly Weapon (class C felony); Reckless Conduct with a Deadly Weapon (class C felony)
The local police botched the investigation. The confrontation with the young kids took place at night and no one gave a description of the "semi-automatic pistol" until 5 months after my client was arrested. There was no doubt that the state could prove a misdemeanor charge of criminal threatening but…
OUI (.16%)
Prior to the dispositional conference we'd been asking for discovery that was missing from the file. We never received the missing discovery, which included the 911 tapes. I successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving…
OUI
Client was a member of the US armed forces. A conviction would likely have cost the client his / her career as the client had nearly 18 years of meritorious service and was close to retirement. My client was pushing me hard for a DTE but I wanted a full…
OUI (.17%)
Ultimately, the DA agreed to dismiss the OUI due to lack of evidence of driving under the influence. I successfully argued that the lack of admissions to driving after drinking, coupled with numerous bottles of alcohol found at the scene, would make it impossible to prove at trial. The DA…
OUI, DUI, DWI, and Theft
By agreement and following a spirited negotiation with the local DA, the case was fully dismissed.
Criminal Defense
We won the BMV hearing due to the officer failing to conduct a full 15 minute wait period. As a result of our success at the BMV, the DA agreed to dismiss the OUI in return for a plea of guilty to a charge of Driving to Endanger. The client…
Alcohol Crimes, OUI, DUI, and DWI
Through extensive cross examination of the police officer, we learned that he was unsure of whether or not he did a proper mouth check and 15 minute wait period. Luckily, I come prepared with the video from the Intoxilyzer room and a laptop ready to play the evidence for the…
Operating after Habitual Offender; Violating Conditions of Release
As a result of skillful negotiation, we were able to convince the district attorney to place my client on deferred disposition. The conditions of the deferred disposition were as follows: he had to do jail time up front; he had to remain crime free for a period of two years; and could…
Possession of Alcohol by a Minor & Transportation of Alcohol by a Minor
The DA agreed to dismiss the charges upon completion of the community service, which had been previously completed. My client and his family were ecstatic with the result as they were concerned that even charges as minor as these would impact his scholarship opportunities at college.
OUI - BMV Hearing
The officer admitted under oath that he had failed to not only check my client's mouth but to stay in the room with him the entire time prior to the administration of the breath test. This resulted in the dismissal of the Bureau of Motor Vehicle suspension.
Criminal Defense
My client retained me more than 2 years ago to defend him on a felony criminal charge where J.D. was the "victim". While defending the criminal charges, a PFA was brought against my client, M.H. For tactical purposes, we decided not to contest the PFA and entered into an agreement…
OUI
I was able to convince the DA to NOT CHARGE MY CLIENT so the case never made it to court.
OUI
Client voluntarily checked into rehab for 60 days, continued on with intensive out-patient care and ultimately, continued on with AA and weekly substance abuse counseling. As a result of the client's rehab efforts, the DA agreed to dismiss the OUI in return for a plea of guilty to Driving to…
Operating Beyond License Restriction
Case filed without costs for 6 months with a dismissal at the end of the filing period.
Domestic Violence Assault; Domestic Violence Criminal Mischief; Domestic Violence Interference with a 911 Call; Disorderly Conduct
All charges were dismissed in return for a plea of guilty to Disorderly Conduct for a fine of $250.00.
Domestic Violence Assault; Domestic Violence Criminal Threatening
The client was placed on deferred disposition for a period of 6 months and the case was later dismissed. I actually strongly encouraged the client to go to trial as I thought we would win in front of the jury but the client did what she thought was in her best…
OUI Refusal
The client, a member of the US Navy, was at risk for termination of his career if convicted of the OUI Refusal. As a result of a long and intensive negotiation, I was able to resolve the case with a plea to Driving to Endanger in return for a dismissal…
Operating After Suspension (OAS)
Due in large part to my relationship with the DA on the case, I was able to convince the DA to place my client on deferred disposition in return for the completion of a substantial amount of community service and completion of a defensive driver program. The case was ultimately…
Possession of a Scheduled Drug (hydrocodone) class "C" felony
Within days of the arrest, my client met with me at the office and retained my services. We requested an opportunity to view the video prior to the client's court date and discovered that the Trooper had no reasonable suspicion to seize my client beyond what was necessary to wrap…
Criminal Speeding
Working against the client was his/her horrendous driver history. Client had been suspended as an Habitual Offender two separate times during his/her lengthy motor vehicle history. The driver history was littered with numerous violations, most of which included speeding infractions and operating after suspension. Thankfully, we had a sympathetic DA…
OUI
We were in a jurisdiction that has a strict policy of "no drop downs or charge reductions with respect to DUI cases". As such, we knew from day one that we'd need to win at trial. We decided to waive a jury trial and had the case presided over by…
Felony OUI (3rd offense)
We presented the DA with an excellent legal argument that the seizure of my client's person was unsupported by any reasonable suspicion of criminal activity and was a violation of my client's constitutional rights. The day before the case was set to be heard by a superior court justice, the…
OUI (.16% BrAC)
We conducted a hearing on a motion to suppress illegally obtained evidence. We argued that no evidence collected at the time of the stop would support a reasonable suspicion that my client was under the influence of alcohol. The judge agreed and granted the motion to suppress evidence. As a…
OUI (.24% BrAC)
We requested that the PD preserve a copy of the Intoxilyzer room video for review. We later discovered that the officer violated the 15 minute wait period when he left the room for approximately 17 seconds, leaving my client unattended. When confronted with this issue, the officer denied ever leaving…
OUI (.20%)
We offered to resolve the case with a Driving to Endanger conviction in return for a dismissal of the OUI charge. The DA refused and felt fairly confident that he would win on a hearing to suppress evidence obtained from the stop. Fortunately for my client, we conducted a hearing…
Criminal Speed (107mph)
DA agreed to dismiss the case after 12 months pending completion of a defensive driver's course. In Maine, judges are routinely ordering a minimum of 72 hours jail in cases where people break the 100mph speed barrier. In this case, the DA was sympathetic to my client who had recently…
OUI Refusal
DA agreed to dismiss the OUI Refusal charge due in large part on a failure by the PD to preserve important video evidence that had been previously requested by my Office. Client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30 day loss of license. Client was able to…
Operating a Motor Vehicle after License has been Revoked (OAR)
My client is a local Maine college student who exercised bad judgment. However, I was able to convince the DA to give my client one last chance based on my client's willingness to stay on the scene of the accident (IE, he/she didn't flee) and his/her honesty with the police…
OUI (3rd offense in 15 years)
We had a couple of things going for us. First, we won the BMV hearing based on the officer's failure to properly inspect the client's mouth where had he done his job, would have discovered the client had dentures. Secondly, there were some social and mental health issues that the…
Leaving the Scene of an Accident (x2); Reckless Conduct; Driving to Endanger
This case boiled down to one simple but difficulty to obtain goal and that was to minimize the damage and avoid any criminal convictions for Reckless Conduct and Driving to Endanger. During a lengthy negotiation with the DA, we shared photos of the client's vehicle and the "victim's" vehicle to…
Assault
My client was in the process of applying for teaching jobs and this type of a conviction would ruin his future. My client denied ever meaning to make contact with the waitress's breasts and steadfastly professed his innocence. Ultimately, we fashioned an arrangement where the case was filed for $700.00…
Providing a Place for Minors to Consume Alcohol
Client was from out-of-state and the parents were extremely worried about their child's future if convicted of the crime. We were able to negotiate a filing of the charge with a dismissal at the end; in return for 20 hours of community service and a $200.00 filing fee.
OUI Refusal
Client was brought to the local PD for a breath test and refused to take the test. When I was first brought in to handle the client's case, I sent a letter to the PD requesting them to preserve the video evidence. That request was not complied with, which resulted…
2nd offense OUI (3rd in 11 years) Violating Bail Conditions Operating Beyond License Restriction & Operating after Suspension
We were set to pick a jury but earlier that morning, we were conducting a BMV hearing. At the hearing, the officer admitted under cross-examination that he turned his back on my client while performing the wait period and that he didn't keep him under constant observation. The officer further…
OUI
We enlisted the services of the state's chemist who performed a Widmark calculation. Based on the evidence presented to the chemist, his calculations indicated that my client was below a .08% BrAC at the time of driving. The license suspension was rescinded and my client's driver's license was immediately restored.
OUI & Criminal Speed
We immediately filed a preservation of evidence request with the police department in order to preserve videos from the Intoxilyzer room. Ultimately, the police failed to preserve the video as requested. DA dismissed both charges immediately prior to hearing.
Burglary, Aggravated Criminal Trespass, Criminal Trespass, Tampering with a Witness, Obstructing Report of a Crime, Domestic Violence Assault, Violating Conditions of Release x2
The victim in this case gave a few different versions of her story on different occasions. She also recanted her story and thus was considered a wild card by both the prosecution and defense. It was also obvious to us that my client could be convicted of at least the…
OUI
We conducted a BMV hearing on the issue of whether or not the test result was accurate. The officer left out critical information in his report, repeatedly changed his story and backpedaled when confronted with conflicting information. In a nutshell, the officer lied multiple times under oath. As a result…
OUI & Leaving the Scene of an Accident
During the wait period portion of the breath test, client vomited 3 separate times and the officer failed to reinspect the client's mouth. Officer testified to this information at the BMV, which provided us with a basis to get the breath test excluded fort both the BMV hearing and the…
Indecent Conduct
The client, who understandably found this entire process a humiliating experience, agreed to perform community service and to pay a nominal fee in return for a dismissal of the charge.
OUI
Client, a single parent, couldn't afford an OUI conviction as it would mean that the client would be dragged back into court by the other spouse and and child custody would likely shift from the client to the spouse. DA was sympathetic to our argument and agreed to dismiss the…
OUI (.17%)
A preservation of evidence request for cruiser and intoxilyzer video was timely filed with the police department and DA's office. However, the police cruiser video could not be obtained and the intoxilyzer video cut off before the 2nd sample was obtained. As a result, we successfully negotiated a deferred disposition…
OUI (.19% BrAC)
The DA agreed to place the client on deferred disposition for a period of 1 year. In return, client agreed to refrain from alcohol, get a substance abuse evaluation and counseling if needed. Client was required to complete 50 hours community service. If client successfully completed the requirements of the…
OUI Refusal & Assault on a Police Officer
Assault on a Police Officer and Refusal charges were dismissed in return for a plea to a no-jail OUI and a fine of $500.00. Client avoided a 14 month driver's license suspension based on the outcome at a previously contested BMV hearing. Client also avoided jail and the more serious…
4 serious drug offenses; a class A, 2 class B, and 1 class C felonies.
The DA's initial offer was to plead guilty to the felony charges in return for no jail time and 4 years probation... with 4 years of prison hanging over the client's head. Ultimately, due to our diligence in uncovering witness reliability issues, we convinced the prosecutor to dismiss all of…
2nd Offense OUI
Client was a veteran and his prior OUI was nearly outside the 10 year window. Based on his military service and the length of time since his last conviction, the DA agreed to dismiss the prior and charge him as a 1st offense OUI with no jail and a 150…
OUI & Leaving the Scene of an Accident
I cross-examined the arresting officer who admitted that he couldn't recall if he re-checked my client's mouth every time after he threw up and rinsed the vomit out. As a result, the BMV rescinded the suspension based on the failure to recheck my client's mouth. My client was extremely pleased with the…
OUI
Based on my cross-examination of the officer and his agreement that the critical pre-test procedures weren't properly observed, the suspension was rescinded and my client's driving privileges were restored.
OUI (.16%)
The suspension was rescinded based on the fact that the officer admitted under cross-examination that he didn't actually check my client's mouth prior to the administration of the 15 minute wait period.
OUI Refusal
We won the hearing on an interesting issue. During the waiting period, my client asked what the penalty would be for refusal and the officer informed her that it would be up to 2 years in jail. This minor issue violated my client's due process rights and was in clear…
OUI (.14%)
We won the case at the BMV as there was an error message on the machine that the officer failed to account for at the hearing. This opened the door for a good resolution of the case and the DA agreed to drop the charge to Driving to Endanger for…
OUI (.20% BrAC)
We successfully argued that reasonable articulable suspicion for the stop was not present and brought the case before the court for hearing. Immediately prior to the hearing, my client was given a deferred disposition with a drop down to a Driving to Endanger after successful completion of the deferment period…
OUI Refusal
DA agreed to dismiss the OUI in return for a plea to Driving to Endanger for a fine of $575.00 and a 30 day license suspension.
OUI
We retained an expert on the issue of GERD (gastroesophageal disease) who testified at the BMV hearing. As a result of the expert's testimony, the BMV suspension was rescinded. In addition, this gave us the ammunition we needed to secure a dismissal of the OUI charge and the client instead…
OUI .17%
We negotiated a deferred disposition and when our client successfully completes the conditions the OUI charge will be dismissed and replaced with a charge of Driving to Endanger. No jail time and a 30-day loss of driving privileges will be assessed.
Possession of Liquor by a Minor (civil offense)
The District Attorney agreed to file the case for a period of one (1) year with the case to be dismissed at the end of the filing period.
Operating After Suspension for an OUI Offense
Filed for a period of one (1) year with the end result being a full dismissal of the charge. The DA knew that no jury would convict a 16 year old kid based on his mother's failure to comprehend and notify the young boy of the suspension.
OUI Refusal & Possession of Marijuana
Filed for a period of one (1) year with no costs. The end result is that both charges will be dismissed. DA agreed that there were significant proof problems with the case and that the stop was questionable.
OUI Refusal
There were some serious evidentiary issues that we were able to exploit to my client's advantage. As a result of those evidentiary deficiencies, the DA agreed to dismiss the OUI and my client pled guilty to Driving to Endanger for a fine of $750.00, a 30-day loss of license and…
Trafficking Tobacco in Jail, a Class D Misdemeanor
Client plead guilty, did not have to physically appear in court, and avoided serving ANY further jail time or paying any fine. He did not forfeit his place in rehab. At the Law Office of William T. Bly we don't quit on you.
BMV Suspension for Negligent Motor Vehicle Death
We got The Crash Lab involved to review the state's expert crash report and to conduct our own reconstruction. We learned that the state's expert inputted critical data incorrectly, which accounted for a much higher braking efficiency (and thus, a higher speed prior to braking). The expert's opinion formed the…
OUI (.13% BrAC)
In light of the machine error issues, DA agreed to place my client on Deferred Disposition for a period of one (1) year. At the end of the year, the DA would dismiss the OUI charge and client would agree to Reckless Conduct (non-driving offense) for a fine of $500.00.…
OUI Refusal
OUI Refusal charge was dismissed in return for a plea of guilty to Driving to Endanger. Client paid a fine of $575.00 and served a 30-day license suspension. No jail was imposed in this case. This is one of those cases where my relationship with the prosecutor played a bigger role…
Prenuptial Agreement
Our client, engaged to be married to the love of her life, wished to protect them both with a prenuptial agreement. We prepared a simple document that will protect their personal assets in the future as their relationship grows. Husband and wife each may keep the possessions they brought into…
OUI, with one prior (Class D), and Violation of Driving Condition Q (Class E)
After an exhausting investigation of the actions and procedures used by the police during the stop and the arrest, we were able to negotiate an acceptable outcome for our client. The prosecutor dismissed the OUI charge and our client entered a plea of guilty to the violation charge. He served…
Domestic Violence Assault
DA initially sought a jail sentence of 364 days with all but 10 days suspended, completion of certified batterers intervention program and 2 years probation. I informed the DA that based on my client's injuries (the photos of his back were horrific as he looked like he was mauled by…
Criminal Speed
We were able to negotiate a dismissal of the criminal charge and the client admitted to exceeding the speed limit by 9mph and was given a traffic ticket for the same. A fine of $500.00 was imposed but the client avoided the criminal charge and was given the lowest possible…
Domestic Violence Assault
Our client, a licensed health-care practitioner, could not afford ANY conviction. The collateral consequences of the charged crime included her inability to get employment in her chosen field. We had to secure a dismissal. We hired a private investigator, interviewed the parties and other witnesses, and showed the prosecutor that…
OUI Refusal, Aggravated OUI (Class "C" felony), Reckless Conduct with a Deadly Weapon (Class "C" felony), Aggravated Assault (Class "B" felony)
Local law enforcement did a shoddy investigation and failed to do a proper accident reconstruction in this case. In addition, we had video evidence that supported our assertion that my client wasn't impaired by alcohol and instead, was suffering from injuries sustained in the accident. We also successfully argued that…
Theft by Deception, a class C Felony
The State's evidence against our client was overwhelming, and our only option was to explain why she took the actions, what she was doing to get off the drugs and rebuild her finances, and how she planned to repay the State funds. We worked with her therapist, her physician, her…
4 Counts of Possession of Sexually Explicit Material (Class "C" felonies)
Client was placed on deferred disposition for a period of 18 months with the end result being a dismissal of the felony charges and a guilty plea to a single count of Invasion of Computer Privacy (non-registerable misdemeanor offense). Client was given a psychosexual evaluation where it was learned that…
Leaving the Scene of an Accident (personal injury) and OUI (.28% BrAC)
The client initially retained another attorney to represent him. The client's first attorney told him that there wasn't much he could do to help and that the DA was seeking (and likely to get) 30 days jail for the hit-and-run and OUI charges. The client was terrified of the prospect of…
Divorce, with a serious child custody battle.
Divorce was granted, and our client was awarded generous rights of visitation with his son. The day after the final hearing was the first time our client visited with his son in over 7 months. He is thrilled that he no longer is being bullied and can be with his…
OUI
DA agreed to drop the case down to Driving to Endanger for a 30-day loss of license and a fine of $750.00. The client had recently been diagnosed as pre-diabetic and we discovered that his glucose levels would have put him into ketoacidosis, which would explain the elevated breath test…
Gross Sexual Assault (Class "A" Felony); Unlawful Sexual Contact (Class "C" Felony)
During our investigation into the "victim's" background, we learned that she had accused another man of sexually assaulting her. In addition, we learned that the lead detective on the case was telling witnesses not to speak with our private investigator. Because of the "victim's" credibility issues, the police tampering with…
OUI Refusal
After intense negotiations with the DA, the OUI Refusal was dismissed in return for a plea of guilty to Driving to Endanger and a fine of $575.00. The client is from out of state and his license will not be affected by the Driving to Endanger conviction. Therefore, the client…
OUI Refusal
DA dismissed the OUI Refusal immediately prior to our hearing on a motion to suppress and client pled guilty to Driving to Endanger. We had good facts and good issues for suppression and were confident that even if we failed to prevail at the hearing, we could secure an acquittal…
Bail Argument Victory
My client was charged with felony bail violation where the underlying crimes for which he was originally bailed on included Burglary, Aggravated Criminal Trespass, Domestic Violence and Witness Tampering. The state asked for $10,000.00 bail, which I argued was an outrageous request that was unsupported by the circumstances of the…
OUI (.17% BrAC)
The client's Miranda rights were violated during the interrogation, which resulted in a good argument to have her admission to driving thrown out. Without being able to place the client behind the wheel, the state would have had a tough job proving the OUI if they couldn't get the driver's…
Burglary; Theft by Receiving & Criminal Mischief
Burglary charge was dismissed in return for a plea to 2 misdemeanors. Client was placed on administrative release and avoided prison time. Client was ordered to pay restitution.
OUI (2nd offense) with a high test (.21% BrAC)
DA was originally looking for jail time as well as probation. As a result of the pending motion to strike, the DA agreed to reduce the charge to a 1st offense OUI resulting in imposition of a sentence that included the alternative sentencing program and a 150 day loss of…
Unlawful Sexual Contact (Class "C" felony); Assault (Class "D")
Client accepted a plea to simple assault in order to avoid the chance, however slim, of a felony conviction. Client avoided doing any jail time and was able to avoid being placed on the sex offender registry. The felony Unlawful Sexual Contact was dismissed in return for the plea to misdemeanor…
OUI Refusal
OUI Refusal dismissed at docket call and the client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30-day loss of license. We had a strong motion to suppress evidence tee'd up based on no RAS for the field sobriety tests. In addition, there were some…
OUI (.14%)
Client pled guilty to Driving to Endanger for a fine of $1,000.00 and enrollment in the 48 hour ASP program. OUI was dismissed.
Burglary; Hindering Apprehension and Prosecution
Client and her 2 co-defendants waited more than 3 years for trial. Prior to trial, we litigated a motion to dismiss all charges due to a violation of her speedy trial rights. We had an alibi witness who was ready to testify in the case back in 2013 but due…
Possession of Child Pornography (Federal charges)
In large part to pre-trial intervention undertaken at the recommendation of myself, the client was able to avoid a lengthy period of imprisonment for the conviction. The judge imposed a sentence of 30 (thirty) months, which was a 75% reduction of the Guidelines sentence the client was facing. During sentencing,…
OUI Refusal
OUI Refusal was dismissed in return for a guilty plea to a Driving to Endanger; a fine of $1,000.00 and 48 hours in the alternative sentencing program.
OUI (.15%)
Following a successful motion to suppress evidence, the court found that there was no probable cause for arrest. Therefore, all evidence of a breath test and all evidence following my client's arrest was tossed out by the presiding judge. The DA filed a dismissal of the charge and the client…
OUI Refusal
DA agreed to dismiss the OUI Refusal charge and in return for a plea to Driving to Endanger. The result came about through a protracted negotiation with the DA who took the client's CDL license (and future) into consideration. Penalty imposed for the DTE was a fine of $575.00 and…
OUI Refusal
Refusal dismissed following a protracted negotiation with the DA and client pled guilty to Driving to Endanger for a $575.00 fine and 30 day loss of license
OUI (.14%)
Due in large part to the officer's failure to restart the 15 minute wait period after experiencing a .xxx error message, the DA agreed that the test would likely be inadmissible. As a result, the OUI was dismissed and my client took a plea to Driving to Endanger for a…
DV Assault (Class D)
Case was dismissed. We successfully argued that the report the officer made of the events was totally inaccurate as there was no video/audio to back up what the officer reported. In addition, because the victim was no longer cooperating and didn't provide a written statement, the state had nothing to…
DOMESTIC VIOLENCE ASSAULT
The State Granted our client a second chance and offered a 15-month Deferred Disposition. Our client will engage in therapy, classes, and maintain a clean record during the deferred period. The State will dismiss the charges upon successful completion of the deferred period.
FELONY BURGLARY Punishable by up to 10 years hard time in state prison; up to $20,000 in fines plus a $6,000 surcharge; and up to $1,500 in restitution.
Our client won a one year Administrative Release on misdemeanor charges, paying only his share of restitution. The remaining misdemeanor charges will be dismissed upon successful completion of the one-year release period. Our client avoided a serious jail sentence as well as a felony conviction.
OUI (.14% BrAC)
Due to the Miranda violation, client's statements were inadmissible. However, the passenger ultimately told the police that the client was driving so the state could still pursue the case based on the passenger's statements. Ultimately, we resolved the case by getting the OUI dismissed and the client pled guilty to…
OUI (.17% BrAC)
We discovered upon review of the Intoxilyzer video that the police officer didn't conduct a proper 15 minute wait period. In fact, the officer left the room during the wait period, thus invalidating the test. As a result, the DA agreed to a deferred disposition for a period of 1…
Operating with a Suspended Registration
Filed for a period of 1 year and a filing fee of $300.00. Case to be dismissed after one year.
OUI (drug)
The OUI was dismissed in return for a plea of guilty to Driving to Endanger for a fine of $575.00 and a suspension of his privilege to drive in Maine for 30 days. Since the Client has an out-of-state license, the 30 days will not be honored by his home…
M.C. v. B.L. (Protection from Abuse)
I represented a female client with two minor children in an abuse hearing against the children's father. The Court awarded her a temporary Restraining Order based on my complaint, and we appeared in Court to defend her request for a permanent Restraining Order. We successfully negotiated an agreement with the…
Domestic Violence Assault
Client agreed to file the case for $500.00 and dismiss the case after 12 months. Client was relieved to get this charge resolved in her favor.
OUI Refusal; Possession of Marijuana: Posession of Drug Paraphernalia
OUI Refusal, Possession of Marijuana and Possession of Drug Paraphernalia were dismissed in return for a plea of guilty to Driving to Endanger and a $1,000.00 fine. Client was thrilled with the outcome.
OUI Refusal
Through lengthy negotiations, the DA agreed to strike the Refusal and the client pled guilty to OUI for a fine of $500 and no jail. This was a particularly difficult case as all of the interaction between the officer and the client was captured on video. Furthermore, the client was…
Operating after Suspension & Driving without a License
Through negotiation, Attorney Taitt was able to hammer out a deferred disposition agreement. The client agreed to attend a defensive driver course and maintain a clean driver history for a year and in return, the charges would be dismissed. Client was able to avoid being labeled as an habitual offender…
OUI (.17% BrAC); Leaving the Scene of an Accident; Disorderly Conduct
to the client's excellent service history and the well known effects of PTSD on veterans, the DA agreed to dismiss all the charges as part of a deferred disposition agreement with the end result being a conviction on a Driving to Endanger charge with a $1,000.00 fine. This allowed the…
OUI Refusal
Through careful negotiation with the DA, we were able to get the OUI Refusal dismissed and the client pled guilty to Driving to Endanger for a fine of $575.00 and a license suspension of 30 days.
OUI
The client was applying for US citizenship and this case was keeping him from doing so. The client was concerned that a conviction would result in a denial of his citizenship application and since he was recently married and had a good job here in the states, he couldn't afford…
OUI Refusal and Refusal to Sign a Uniform Summons & Complaint (USAC)
On the day of jury selection, the DA offered to file all charges for no costs for a period of 9 months with the charges to be dismissed at the end of the filing period. The client accepted the offer, which was a "no-brainer" decision. The client was relieved the…
2 counts of Class "C" Criminal Mischief (felonies), 1 count of OUI Refusal
Both felonies were dismissed in return for restitution payments to the York PD and client pled guilty to a straight OUI with no jail. We won the BMV hearing so the 275 day suspension did not apply and client lost his license for a total of 90 days. The case…
Divorce
Our client allowed his spouse to reside with their child, where his siblings would continue their support, schoolmates would stay the same, and local friends would remain. He gained full rights to visit regularly with his child, and to communicate throughout the week by telephone. The day after the final…
OUI
DA agreed to dismiss the OUI and client pled guilty to Driving to Endanger. One of the main reasons for this decision was that the client was able to supply us with medical records that showed the client had a candida infection, which would account for the high breath test.
Criminal Defense, Theft
Our client is a USMC hero, with three tours of duty in Fallujah, Iraq, where he and his unit fought house to house and freed the local citizens from the tyranny of the Taliban. He fought alongside his Marine ‘buddy' where they saw unimaginable horrors of war. Their vehicles were…
Domestic Violence Assault
The client was placed on deferred disposition with a requirement that he undergo a psychological examination and counseling to the satisfaction of his counselor. Case to be fully dismissed after one year.
Sexual Assault
Finally, after many tumultuous months, we were able to win a dismissal of his charges and cleared his good name. His life will not be ruined this time.
Domestic Violence Assault
Client's case was filed for 6 months with no costs and then dismissed at the 6 month mark. Client was not required to attend any counseling program or serve any jail time.
2nd Offense OUI with a .30% BrAC
Client had major mental health and substance abuse issues. Client enrolled in an in-patient substance abuse program shortly after the arrest. As a result of the tremendous amount of work that the client did on herself, without prompting by the DA, the charge was reduced to a 1st offense OUI…
Possession of Scheduled Drugs (Class C felony)
We raised a viable issue for suppression in that the 2 police officers had conducted an illegal seizure of the Client when they stepped into his personal space, inside the door of Client's car. DA agreed to dismiss the felony charge and Client was placed on deferred disposition for a…
OUI (drugs)
Client suffered from numerous maladies and ailments, including severe spinal issues that required the daily use of pain medications. Client was subjected to numerous field sobriety tests that in light of client's condition, were completely inappropriate. As a result of negotiations with the DA, an agreement was reached for a…
Aggravated OUI
We picked a jury and on the day of jury trial, a void dire of my expert was undertaken by both sides. After the void dire, my client was offered a deferred disposition on an OUI with a drop down to a DTE, which he accepted. Because my client held…
Refusing to Submit to Arrest; Criminal Mischief; OUI Refusal
On the day of trial and immediately prior to the jury being brought in to begin the case, the DA realized that the cop may have lied on his affidavit as it was clear from the jail video that he never read my client implied consent. We were aware of…
Aggravated Domestic Violence Assault (Class "B" felony)
Client insisted he was innocent and submitted to a polygraph conducted by our polygrapher. In addition to passing the polygraph with flying colors, our PI interviewed other witnesses who the police chose not to interview or missed during their initial investigation. Client's polygraph results as well as witness statements that…
Domestic Violence Assault
Case dismissed on the day of trial. The girlfriend signed an affidavit with my private investigator recanting her earlier story. The girlfriend would testify that she was the aggressor and that she was impaired by alcohol as well as some mental health issues. DA dismissed the charge immediately before trial.
5th offense OUI in 10 years
I was able to negotiate the case from a 5th offense felony down to a 2nd offense misdemeanor in return for a jail sentence of 10 days and a license suspension of 3 years. The client avoided what would likely have been a prison sentence measured in years instead of…
Possession of a Scheduled Drug (cocaine)
I successfully argued to the DA that the act of opening the car door was a warrantless search, unsupported by probable cause or exigent circumstances. The DA agreed to file the case for 1 year for a filing fee of $600.00. The case will be automatically dismissed after the expiration…
Aggravated Criminal Mischief (class "C" felony)
Through a long process of negotiations, we were able to get the DA to dismiss the felony criminal mischief charge in return for a deferred disposition on a misdemeanor criminal mischief charge (class "D" misdemeanor). Case was then dismissed after 6 months on the deferred disposition, following restitution that was…
Domestic Violence Assault; Domestic Violence Criminal Threatening; Domestic Violence Terrorizing; Disorderly Conduct
Client was placed on deferred disposition for a period of 1 year. 2 crimes of domestic violence were dismissed outright and the 3rd charge of domestic violence assault will be dismissed after successful completion of mental health counseling and provided he doesn't commit any new crimes. Client will be sentenced…
OUI Refusal
Prior to jury selection, the DA agreed to drop the charge to Driving to Endanger for a 30 day loss of license and a fine of $1,000.00. Client was extremely pleased to avoid jail time and a lengthy license suspension.
4 counts of Burglary of a Motor Vehicle (class "D" misdemeanor) & 4 counts of Theft by Receipt of Stolen Property (Class "E" misdemeanor)
Following trial and on a motion for acquittal, the court agreed that there was no evidence to tie my client to any of the 8 criminal counts he was charged with. As a result, the motion was granted and my client was acquitted of all criminal charges.
Domestic Violence Terrorizing
Client placed on Deferred Disposition for 6 months. Following the successful completion of the deferred disposition program, the DV charge will be dismissed and client will be sentenced on a Disorderly Conduct for a fine of $200.00. Client was relieved to avoid a DV conviction as he is an avid…
Possession of a Scheduled Drug (Class C Felony)
Charges were dismissed prior to trial. We were able to track down the client's patient who signed an affidavit that the drugs belonged to her and that they were prescribed by her doctor. Patient was willing to testify at trial so the DA dismissed the case.
Domestic Violence Assault & Domestic Violence Terrorizing
Client placed on deferred disposition for a period of one year. Upon successful completion of the program, both DV charges will be dismissed and client will be sentenced on one count of disorderly conduct for a modest fine. Client was pleased with the outcome as he was able to avoid…
Domestic Violence Assault
Client had a claim of self defense. While the girlfriend had a laceration on her head, client had bruises all over his arms, chest and neck from where the girlfriend assaulted him. Client also had 2 black eyes and we successfully argued he was the victim of a crime. Charges…
OUI (.17%)
We were able to get the client's charges reduced to Driving to Endanger due in large part to the discrepancy in the officer's report and the Intoxilyzer test. The officer indicated that the start of wait period was at 1:05am. In reality, that was the time of the stop and…
OUI (.20%)
We conducted a hearing at the BMV where the contested issue was whether or not the breath test was properly administered. During the breath test, the client belched on 3 separate occasions. On the first 2 occasions, the officer restarted the wait period and administered a new test. On the…
Solicitation of a Prostitute, Unsworn Falsification, False Public Report
All charges filed for one year with a dismissal of all charges at the end of the filing period. Client had to pay a filing fee and perform 50 hours of community service. Client's record remains clean and there is no longer a risk of deportation.
OUI
I was able to negotiate a favorable outcome for my client which included a plea to Reckless Conduct, a fine of $700 and 48 hours in the Alternative Sentencing Program. In return the OUI charge against my client was dismissed. My client served ZERO driving suspension time.
OUI
We fought this charge tooth and nail. First, we successfully argued that statements the client made while in custody should have triggered Miranda protections. Since she wasn't Mirandized, the damaging statements she made were excluded. Second, as a result of our successful hearing on the motion to suppress and our…
Burglary (Class B felony)
Client had a bad drug habit and was placed on deferred disposition for a period of 2 years. At the end of the 2 year period and assuming that the client remained clean and sober and hadn't committed any new crimes, the burglary would be dismissed and the client would…
OUI
The OUI was dismissed by agreement and the client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license.
OUI
We conducted a BMV hearing where we learned that the arresting officer, who subsequently administered a breath test, didn't know what a .XXX error message meant. Since that error message should have clued the officer to restart the test and wait period and he didn't, the BMV suspension was rescinded.…
OUI (drugs) & Possession of Marijuana
The marijuana charge and the OUI charge were dismissed in return for a plea to two civil traffic infractions. The client, who held a high security clearance governmental position, would have lost his/her position if convicted of either charge. Needless to say, the client was very happy.
Aggravated Domestic Violence Assault (Class B Felony)
We presented our investigation to the DA, which included a subpoena for the "victim's" employment records. DA agreed that it would be difficult to prove the felony DV charge by proof beyond a reasonable doubt and dismissed the felony DVA charge. Client ultimately pled guilty to a class E misdemeanor Disorderly…
OUI
Immediately prior to the hearing set for a motion to suppress evidence an agreement between myself and the DA was reached for a dismissal of the OUI with a plea to Driving to Endanger for a fine of $600.00 and a suspension of 30 days (concurrent with the BMV suspension).…
Shoplifting
We were able to get the charges dismissed by showing that the client had a stable job history, a lack of criminal record and documented emotional issues for which she was in treatment for. Client agreed to perform community service and continue in counseling in exchange for a dismissal of the charge.
2nd Offense OUI Refusal
The BMV hearing was held and the officer testified that the client attempted to provide a test at least 2 times. However, those breath test attempts were not reflected on the refusal certificate. The officer had no explanation for the missing breath test results. Due to the discrepancies and the…
Violating Protection from Abuse Order (Class E); Obstructing a 911 Call (Class E domestic violence); Violation of Conditions of Release (Class E) Maximum Penalty: If convicted on all charges the Client could have been incarcerated for as long as 18 months and fined up to $3,000.00
Violation of Protection Order filed a period of 1 year at no cost to the defendant; Obstructing a 911 Call was dismissed and Violation of Conditions of Release was a plea of guilty for 1 year of administrative release (IE, no jail).
OUI & Criminal Speed
OUI was dismissed at court and client pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days. Client also admitted to speeding and was issued a traffic ticket for that charge for which a fine was imposed.
OUI .13%
I was able to negotiate a favorable outcome with the DA which resulted in a conviction for Reckless Conduct, a high fine and 48 hours in the Alternative Sentencing Program. The client was able to maintain his/her CDL and keep his/her job. The client was ecstatic. It's important to note…
OUI Refusal
Client was a member of the US Navy and in jeopardy of being discharged if convicted of the OUI offense. We were able to work out a reasonable plea agreement with an understanding prosecutor, which consisted of dismissing the OUI charge and pleading the client guilty to Driving to Endanger…
OUI with an elevated breath test result (.19%)
Client pled guilty to a non-driving offense for a $1,000.00 fine and no license suspension. Prior to the plea, a hearing was held on our motion to exclude the breath test as unreliable. The judge granted the motion and ordered that the breath test be excluded. This gave us a…
OUI with a person under the age of 16 years old
On the day that the suppression hearing was to be held, the DA and I discussed the case. After arguing the finer points of law, the DA agreed that this case was a close call and agreed to dismiss the OUI charge in return for a guilty plea to Driving…
OUI
We won the BMV hearing by showing there was no probable cause to believe the client was operating under the influence. In addition, we learned that the client had informed the officer that he suffered from GERD. We brought an expert onboard to discuss the implications of the GERD and…
OUI with an elevated test.
As an officer in the navy, Client indicated a discharge from the US Navy would occur based on a conviction. Even a lesser offense would require discharge due to the Client's officer status. An outcome was fashioned where the client would plead guilty to the OUI and be placed on…
Tampering with Evidence
Case was dismissed at docket call. We argued that the jury wouldn't convict a member of the community based on this minor violation and that the client honestly believed what he threw away was a "tobacco spit bottle". Furthermore, the client cooperated with the investigation and pointed out the bottle…
Trafficking in Scheduled drugs (Class "C" felony) and Possession of Scheduled drugs
Client was admitted to an in-patient substance abuse treatment facility where he spent nearly 18 months in intensive rehab. As a result of his efforts and the efforts of his attorney (me), the DA agreed to dismiss the felony trafficking charge and placed him on deferred disposition on the drug…
Possession of Cocaine, Possession of Marijuana & Possession of Drug Paraphernalia
We believed we had excellent grounds for a motion to suppress evidence illegally obtained through an unlawful search and presented the issues to the DA for discussion. The DA agreed that the search may have been problematic and agreed to dismiss all the charges in return for a $600 fee…
Drug Crimes
Defendant faced a myriad of drug charges, including trafficking in crack cocaine charges. He was facing up to 35 years in prison on all the charges if convicted. We placed the client into an intensive in-patient drug treatment facility where he spent six (6) months getting his drug habit under…
Drug Crimes
Client was charged with possession of a useable amount of marijuana. Issue in the case turned on whether the search and seizure of his vehicle complied with US Supreme Court law in Arizona v. Gant. Court granted the motion to suppress finding that the search was unlawful and thus suppressed…
Civil Possession of Marijuana and OUI
The marijuana and OUI charges were dismissed and the client pled guilty to Driving to Endanger.
Drug Crimes
Client was charged with Unlawful Trafficking in Scheduled Drugs, which was a class C felony and carried a possible penalty of up to 5 years in prison. Allegation was that the client was stopped while coming across the Maine border for speeding. During the stop, the Trooper told the client…
Stealing Prescription Drugs
Case was filed for a period of 6 months and later dismissed. Client was able to rebuild his life and career as a result.
Furnishing a Place for Minors to Consume Alcohol
The District Attorney wanted the client to serve 48 hours jail due to the fact that all of the kids were well under the age of twenty-one. We brought up the issue that the only way the police could have determined the age of the children would have been to…
OUI; Possession of Oxycodone; Possession of Scheduled Drugs; Driving to Endanger
Search was problematic for the state and client had a prescription for the 2nd drug that was found. State agreed to dismiss the 2nd drug charge, filed the felony for a period of 1 year, dismissed the DTE and client pled guilty to the OUI for a fine of $500…
Transportation and Possession of Alcohol by a Minor
Client was placed on deferred disposition and the charges were later dismissed. Client was also able to avoid a one year BMV suspension through careful negotiation with the arresting officer.
Alcohol Crimes
Charge was Providing a Place for Minors to Consume Alcohol. Allegation was that the client, a mother, was allowing minors to consume alcohol in her home while under her care. Police officers testified that they believed the client was drunk when they arrived at the home. Placed the client on…
Assault
Client was charged with a single count of assault against her mother. Mother vehemently denied that the version of her statement that the police included in discovery. Client was facing up to 1 year in prison if convicted. Mother refused to cooperate with the prosecution of the case and it…
Disorderly Conduct
Case dismissed following a judicial conference.
Aggravated Assault
Client pled nolo to simple assault with no jail or probation and a fine of $300. There were serious proof issues with the case concerning the validity of the victim's injuries and whether or not they rose to the level of an aggravated assault. In addition, the victim was entirely…
Assault
Case was dismissed at jury selection.
Domestic Violence Assault; Domestic Violence Criminal Threatening
We had all the charges dismissed in light of the State's admission that there were serious proof problems in the case. Most important was the fact that we presented the DA with evidence that she was the ongoing victim of stalking, perpetrated by the alleged "victim".
Assault
Case was filed for a period of one year and later dismissed.
Domestic Violence Assault; Threatening Display of a Weapon
Domestic violence charge and Threatening Display of a Weapon charges were dismissed in return for a plea to the crime of Criminal Threatening for a fine of $500.00. The resulting plea allowed the Defendant to keep and use firearms in the future, which was important as the Defendant had aspirations…
Domestic Violence Assault
Domestic Violence Assault charge was dismissed in exchange for a plea of guilty to Disorderly Conduct, a fine of $500 and enrollment in anger management.
Domestic Violence Assault; Aggravated Criminal Mischief (class "C" felony); Criminal Mischief
Client pled guilty to simple criminal mischief for an unconditional discharge (no fine or jail). Client was ordered to undergo counseling and the Domestic Violence Assault and felony Aggravated Criminal Mischief charges were dismissed.
Domestic Violence Assault
Client placed on deferred disposition for a period of 1 year with a dismissal of the charge at the end of the deferred disposition period.
Domestic Violence Assault
Client was placed on deferred disposition and the case was dismissed after 1 year.
Criminal Threatening (DV) and Domestic Violence Assault
Case was dismissed following disclosure of an audio tape containing voice mails from the client's wife threatening to call the police and make up charges to get him into more trouble.
Domestic Violence Assault
Case was filed for a period of 6 months and later dismissed after the client provided evidence that she had entered treatment for substance abuse and anger issues.
Domestic Violence Assault
Case was dismissed prior to trial.
Criminal Threatening with a Deadly Weapon (DV)
Grand Jury refused to indict and the case was dismissed.
Criminal Threatening with a Deadly Weapon (DV)
Case was placed on deferred disposition and the case was dismissed a year later.
Domestic Violence Assault
Case was dismissed prior to trial.
Terrorizing (Class D misdemeanor); Criminal Mischief (Class E)
Terrorizing charge filed for 6 months at no cost and Criminal Mischief charge dismissed.
Domestic Violence Assault
Case was placed on deferred disposition for a period of one year and was later dismissed following the deferment period.
Domestic Violence Assault
Case was filed for a period of one year and a filing fee of $300. The case was later dismissed following the filing period.
Domestic Violence Assault
Case was dismissed prior to trial.
Domestic Violence Assault
Case was dismissed at arraignment.
OUI .14
Case dismissed prior to request for a jury trial.
OUI with low breath test result
We spoke with the DA prior to arraignment and got him to agree to dismiss the case based on a lack of evidence.
OUI Refusal
9 month suspension for refusing to submit to a breath test was dismissed at the hearing. Client was of course, very happy.
DV Assault, DV Criminal Threatening, Criminal Mischief, Violation of Bail Conditions
Client pled guilty to the charge of Criminal Mischief for a fine of $300.00. The remaining domestic violence and VCR charges were dismissed. Client was a professional and a conviction for domestic violence would have resulted in disciplinary action by her professional oversite board.
OUI (.29%) & Endangering the Welfare of a Child
In return for a plea of guilty to the OUI, the Endangering the Welfare of a Child charge was dismissed. The client was ordered to pay a fine of $2,000.00, a license suspension of 90 days was imposed and the client was required to attend the Alternative Sentencing Program. Considering…
DV Assault, DV Terrorizing, DV Terrorizing with a Deadly Weapon (9mm handgun) and Obstructing a 911 phone call.
NOT GUILTY after 3 days of deliberation. Key was the total lack of injuries as well as a self-defense instruction that was granted by the judge. Theory was that the victim was the actual aggressor, that she assaulted the D and ultimately grabbed the gun and threatened to shoot him.…
OUI
DA agreed to dismiss the case following a discussion of the merits of the case at arraignment. The DA agreed that there were serious proof problems in the case. Client was ecstatic as the client was a public service officer and a conviction would have likely cost the client their…
OUI
We argued to the DA that the erratic operation was not apparent from the video and that there was no basis for the stop. The DA was sympathetic to the client's age and lack of criminal record and ultimately agreed to impose the lesser charge of Driving to Endanger in…
.19% OUI
Client pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30 days. DA agreed that the State would have a difficult time proving the client's guilt beyond a reasonable doubt, which is why a DTE was offered.
.17% OUI
The DA's Office was unable to provide us with a copy of the Intoxilyzer room video as requested back in 2012. As a result of their failure to preserve said evidence, the judge agreed that the Intoxilyzer result would have to be excluded. DA agreed to dismiss the OUI charge…
OUI
Case dismissed immediately prior to hearing on a motion to suppress evidence based on an illegal stop.
OUI
Deferred disposition for 1 year. At the end of the 1 year period the case would be dismissed. This was an excellent outcome in light of the fact that this jurisdiction has a NO deferred disposition policy!
OUI .17%
Case dismissed prior to docket call. Prosecutor agreed that the HGN test was invalid as well as the breath test due to a .XXX error that was unaccounted for. Prosecutor dismissed based on an inability to prove the case beyond a reasonable doubt. Client was a surgeon whose surgical privileges…
DV Assault; Violation of Conditions of Release
DV Assault was dismissed and client took a deferred disposition on a plea to Disorderly Conduct (1 year DD time period) with a dismissal at the end. Client pled guilty to the Violation of Conditions of Release as client wasn't allowed to consume alcohol and was heavily intoxicated at the…
2nd offense OUI
We filed a motion to suppress all evidence obtained in violation of my client's constitutional rights. Specifically, we argued that no "reasonable articulable suspicion" existed for the stop. The judge agreed and all evidence from the time of stop was suppressed, which resulted in a dismissal of the charge.
5th OUI within 10 years
As a result of his efforts and the fact that a conviction would mean a loss of ability to hold a position as a professional in the future, the State agreed to impose a sentence that included 6 months jail, a 6 year loss of license and that the Defendant…
OUI
Based on the uncertainty of the outcome on a motion to suppress illegally obtained evidence, the DA agreed to drop the charge to a Driving to Endanger. Client was fined $750.00 and a license suspension of 30 days was imposed. Client was able to maintain his employment since the OUI…
2nd Offense OUI, .17%
Client agreed to plea guilty to the OUI in return for the State striking the prior conviction language, which resulted in a 1st offense sentence to the following: NO jail, 90 day loss of license and $500.00 fine. The reason for this outcome was due in large part to a…
OUI Refusal
State agreed to dismiss the refusal and client pled guilty to a non-aggravated OUI. Client avoided jail time and no alternative sentencing provision was imposed.
1st Offense OUI .13%
Client's case was dropped down to a Driving to Endanger due in large part to his well documented history of GERD as well as a hiatal hernia. Client's medical records were provided to the State for review prior to trial and the DTE was negotiated.
1st Offense OUI .16%
A motion to suppress evidence for lack of reasonable suspicion was filed and argued before a Superior Court justice. During the hearing, the officer testified to the existence of a cruiser video that purported to show client's earlier poor driving. This video was never provided to the Defendant and therefore,…
OUI
Client pled guilty to Driving to Endanger and the OUI was dismissed prior to hearing. The DTE result was based largely on the strength of the motion to suppress previously filed with the court.
OUI
Client pled guilty to the crime of Reckless Conduct. As a result, no license suspension was imposed and the client remained free to drive. Considering that the client had an out-of-state license and would have been suspended for 1 year had he been convicted of the OUI, this was an…
OUI (blood test obtained)
We filed a motion to suppress the results of the blood test and argued to the court that there was no probable cause to believe death had or would occur for the purposes of the blood draw. A hearing was held where the only witness who testified was the original…
2nd Offense OUI .27%
A hearing before the BMV was held on the issue of probable cause. The hearings adminstrative officer agreed with my argument that because no one knew how long she'd been there and that there was evidence she may have consumed alcohol after arriving in the parking lot, the suspension was rescinded.…
Possession of Marijuana
We negotiated an outcome that resulted in a filing for the client. The client was from out-of-state and didn't want to come back to Maine to deal with the case so we took care of everything for him. The case was dismissed 6 months later.
OUI
As a result of this incident, we brought a motion to suppress all the evidence obtained from what we characterized as an illegal seizure. A testimonial hearing was held and both the police officers testified. The client was not present for the hearing. The judge ruled in the client's favor…
OUI .13%
Client elected to have a jury trial. Client had a host of medical issues including COPD, GERD, asthma and chronic neck and back pain. Client suffered from a severe disability as he was dyslexic. We retained a physiologist and GERD/COPD expert on the case who provided the state with a…
OUI
Following a lengthy, 3 hour hearing before the BMV, the hearings administrative officer allowed Counsel for the Defendant to submit a written argument. Upon submission of the written argument the BMV suspension was dismissed.
OUI Refusal
Following a hearing before the BMV, the 9 month administrative suspension was dismissed due to the officer providing the client with false information regarding the length of suspension, which the client relied upon to her detriment.
OUI
Client pled guilty to the charge of Reckless Conduct for a fine of $700 and the OUI charge was dismissed.
OUI
Client pled guilty to the charge of Driving to Endanger for a fine of $750 and a 30 day loss of license.
OUI Refusal
Following a lengthy hearing before the BMV, the 9 month administrative suspension was dismissed for a lack of probable cause to believe the client was operating a motor vehicle under the influence.
OUI & Possession of Marijuana
Client pled guilty to the charge of Driving to Endanger for a fine of $575 and a 30 day loss of license. The OUI and marijuana charges were dismissed as part of the plea agreement.
Operating after Suspension
Case dismissed following a successfully litigated motion to suppress evidence.
Domestic Violence Assault
Case dismissed prior to trial.
2nd Offense OUI
Based on the employment of an expert witness to testify to the GERD issue and his debilitating physical issues, the state agreed to dismiss the 2nd offense OUI charge and he pled guilty to Driving to Endanger. Client had an out-of-state driver's license and an OUI conviction would have resulted…
Aggravated OUI
Client pled guilty to the charge of OUI with a sentence of no jail, a fine of $500 and a license suspension of 90 days. The sentence imposed was extremely lenient in light of the client's driving behavior and breath test but was reasonable in light of the enormous amount…
OUI
Case dismissed based on a Motion to Suppress Evidence due to the stop constituting an extraterritorial stop.
Aggravated OUI
Client pled guilty to the charge of Driving to Endanger (DTE) for a fine of $600 and a license suspension of 30 days. The OUI charge was dismissed in light of the plea agreement. Had the client gone to trial and lost, it is likely that the court would have…
OUI & Leaving the Scene of an Accident
Client was placed on deferred disposition for a period of one year. At the conclusion of one year the client's OUI and Leaving the Scene of an Accident charges were dismissed and he pled guilty to Driving to Endanger for a fine of $575 and a license suspension of 30…
OUI
Client was placed on deferred disposition for a period of 6 months with the end result being that the OUI would be dismissed following the expiration of the 6 month period.
A BMV hearing was held on the sole issue of whether or not the client refused to submit to a breath test. The arresting officer, a Maine State Trooper, testified that the client was blowing intermittently during the test and was trying to "defeat" the test by "blowing around the mouth piece." Under cross examination the trooper testified that he did not know what a .XXX error message was and had no idea about the requirement that the two breath samples be within .02% of each other. On the basis of the .XXX result and the failure to obtain two breath samples within .02% of each other, the Hearings Administrative Officer dismissed the case.
The client was spared having to serve the 275 day suspension for a refusal to submit to a breath test.
OUI with a breath test above .15%
Client pled guilty to Driving to Endanger for a fine of $575.00 and a license suspension of 30 days to run concurrent with the previously imposed BMV suspension.
OUI (.16%)
Case filed for a filing fee of $250.00. Client's probation was not revoked as a result of the negotiated outcome we achieved for the client.
OUI (.16%)
Through careful and skilled negotiation, we were able to get the DA to agree to dismiss the OUI charge in return for a plea to Driving to Endanger with a fine of $750.00.
Criminal Speed (102mph in 65mph zone)
Client placed on deferred disposition with requirement that she participate in a driver education course. Case was dismissed following the successful completion of the deferred disposition program and client admitted to a speeding for 29mph over the speed limit for a $500.00 fine.
OUI
Client pled guilty to a Driving to Endanger for a fine of $750 and a license suspension of 30 days to run concurrently with the previously imposed BMV suspension.
Criminal Speed
Criminal Speed charge dismissed in return for an admission to speeding at 29mph over the limit. As a result, client avoided a criminal record and a jail sentence.
Client was exceeding the speed limit by more than 30mph in a speed restricted part of town. Client allegedly "resisted arrest", was tazed and charged with a multitude of crimes including OUI. During the BMV hearing which took place over the course of 2 days, testimony from all parties indicated that the client had consumed alcohol while using chewing tobacco. The arresting officer did not conduct the Intoxilyzer test and therefore couldn't specifically recall whether or not the client had tobacco in his mouth. Client testified to the presence of tobacco and provided the Hearings Administrative Officer with medical documentation supporting that same assertion. An expert witness testified to serious reliability issues with the breath test in light of the presence of the tobacco.
Suspension was rescinded. Client had a CDL and was able to maintain his employment and his life remained intact. The Hearings Administrative Officer was extremely skeptical as to the effect of tobacco on a breath test but was ultimately convinced by Counsel's evidence including his expert witness testimony.
OUI Refusal with a single car accident
Client pled guilty to a Driving to Endanger for a fine of $750 and a license suspension of 30 days to run concurrently with the previously imposed BMV suspension.
OUI Refusal
Client litigated the issue of both the refusal and the stop but was denied relief by the court. Client subsequently pled guilty to a no-jail OUI for a fine of $500 and a license suspension of 90 days.
OUI with an elevated breath test
Client pled guilty to a Driving to Endanger for a fine of $575 and a license suspension of 30 days to run concurrently with the previously imposed BMV suspension.
OUI
Client pled guilty to Driving to Endanger for a fine of $575 and a suspension of his privileges for 30 days. The officer was made on the day of jury selection and subsequently accepted by the client.
1st offense OUI Refusal
A fine of $575 and 30 day loss of license was imposed following a plea of guilty to the charge of Driving to Endanger.
1st offense OUI with a .17% BrAC
Plea agreement that included the mandatory minimum fine and a 90 day loss of license that ran concurrently to the previously imposed BMV suspension. The allegation of a specific BrAC was stricken, thus saving the Client from serving any jail time.
2nd offense OUI with a breath test above .15%, Failure to Stop for a Police Officer
Client pled guilty to 1st offense OUI for a fine of $700, a 90-day loss of license and 48 hours alternative sentencing (non-jail disposition). The prior offense was stricken from the complaint and the Failure to Stop for a Police Officer was dismissed.
1st offense OUI
BMV suspension rescinded and client pled guilty to a Driving to Endanger charge for a fine of $575.00 and a suspension of his privileges for 30 days.
OUI Refusal
OUI Refusal dismissed and client pled guilty to Driving to Endanger for a fine of $700 and a 30 day loss of license.
OUI with a breath test of over 3x the legal limit (.27%)
Client pled guilty to a non-aggravated OUI charge for a fine of $500 and a suspension of her driving privileges for 90 days. Due to the extremely high BrAC level, a judge could have imposed a much harsher sentence than the mandatory minimum of 48 hours. Therefore, a plea agreement…
Trafficking in Marijuana (Class C felony); Possession of Marijuana (civil offense); Operating After Suspension (Class E misdemeanor
All charges were dismissed and the client admitted to the civil possession of marijuana charge.
OUI; Illegal Transportation of Liquor by a Minor
Dismissal of all charges. Client pled guilty to Driving to Endanger for a $500 fine and a 30 day loss of license.
OUI
OUI dismissed in return for a plea of guilty to Driving to Endanger for a $600.00 fine and a 30 day loss of license.
OUI Refusal… 30 days later client was arrested for a second OUI
Client pled guilty to a non-aggravated OUI charge for a fine of $500 and a suspension of her driving privileges for 90 days. The Refusal charge was dismissed. The client avoided jail time as well as a 3 year loss of license.
4 Counts of Aggravated Assault (Class B felony) and 1 Count of Reckless Conduct (Class C felony)
State was unable to provide us with the raw data from the forensic mapping and crash reports. Without the raw data, we couldn't determine whether or not the data was compiled and interpreted correctly. We had a hearing on this issue and the court's decision was that none of the…
DV Assault; Violation of Conditions of Release
Violating Conditions of Release charge dismissed and DV Assault charged filed for a period of 6 months.
Here at The LATHAM & WATKINS Group, we provide professional and aggressive criminal defense and OUI representation that exceeds the expectations of our clients and secures their freedom and their future.
What distinguishes our firm from the numerous law firms throughout the state is that we genuinely care about the well-being of our clients. The staff and attorneys of The LATHAM & WATKINS Group ensure that every client receives hands-on and personalized attention throughout the life of their case.
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and about your rights as a crime victim.
If you have been charged with assault, theft, drug possession, or any other type of crime in Maine, you have come to the right place. The LATHAM & WATKINS Group provides professional and aggressive criminal defense representation that exceeds the expectations of our clients and secures their freedom in the future.
I highly recommend The LATHAM & WATKINS Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and The LATHAM & WATKINS Group.
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call The LATHAM & WATKINS Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The LATHAM & WATKINS Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
PHENOMENAL LAWYER The LATHAM & WATKINS Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The LATHAM & WATKINS Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The LATHAM & WATKINS Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The LATHAM & WATKINS Group I am very pleased with the representation I received from The LATHAM & WATKINS Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
DCS Recommends The LATHAM & WATKINS Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
Most crimes are defined in the Maine Criminal Code, which is part of the Maine Revised Statutes. It covers “substantive offenses” and their associated punishments. This is the starting point for finding out if you have committed a criminal offense. The Code can easily be searched online. However, the language used can be confusing unless you are accustomed to “Legalese”. Also, not all crimes are defined in the Criminal Code. Other areas of the Maine Revised Statutes cover specific crimes. For instance, numerous hunting and fishing offenses are included in Title 12. Therefore, it is always best to check with a criminal defense attorney if you are arrested or charged with a crime.
A criminal case in Maine generally involves a witness or victim reporting the offense to a law enforcement officer – or a law enforcement officer stopping an individual.
The State will then decide whether to file criminal charges against the accused, based on a multitude of factors, including whether there is probable cause to believe a crime has been committed, to maintain order in society, provide justice for the victim, protect the public, and to deter other potential offenders.
For a case to proceed, a prosecutor or a Grand Jury must approve the charges.
The criminal case will be known as “State of Maine v. Defendant” and, if the prosecution proves guilt “beyond a reasonable doubt”, a jail or prison sentence may be handed down by the judge.
The freedom of the accused is at stake, so the burden of proof is necessarily high. A civil case is very different. It can be brought by one or more individuals to resolve a dispute, such as a divorce, breach of contract or landlord-tenant disputes. There is no risk of jail in such cases.
The person who initiates the lawsuit is known as the “plaintiff” and in order to win the civil case, it must be demonstrated by “a preponderance of the evidence” that he or she is in the right.
The burden of proof is, therefore, lower in a civil case than a criminal case, where “beyond a reasonable doubt” is used.
Probation and parole are often confused, but are actually very different. Probation is a specific period of time during which a person found guilty of a criminal offense in Maine must report to his or her probation officer.
The officer is responsible for supervising the offender during this period, with a set of specific conditions imposed by the court that the offender must observe closely. The offender must commit no further criminal activity to avoid probation being revoked and returning to jail.
In these cases, the person who was convicted of a crime is given a split sentence, which includes time in jail and an unsuspended portion of the sentence. If probation is revoked, that person could be facing the full unsuspended sentence being imposed as a result of the violation.
Parole, on the other hand, is an early release from a prison sentence imposed on a person found guilty of a crime. During this period, the released offender will be monitored and, if the conditions of their parole are broken, they may be sent back to jail.
Note that Maine no longer imposes sentences with “eligibility for parole”. However, if you are convicted of a crime and sent to jail, you may qualify for “good time” credits. These may add up to an early release from a jail sentence.
For some specific crimes, there are guidelines outside of the above. Murder, for instance, is punishable by between 25 years and life imprisonment.
Most criminal offenses in Maine are considered “misdemeanors” and only the most serious crimes detailed in Classes A, B and C are considered “felonies” (as well as murder, which has been covered already).
In Maine, operating under the influence (OUI) is the term used for the offense of driving a motor vehicle with a blood alcohol content of .08% or over. This is a criminal offense and it will stay on both your criminal record and driving record permanently. For a first offense OUI, the crime charged is a class D.
Most OUI charges are misdemeanors. For someone with multiple prior convictions or cases where injuries resulted, they could be facing felony OUI charges.
Despite popular belief, it doesn’t expire after a certain time period and it can continue to negatively impact employment, financial matters, and freedom of travel for the rest of your life.
These long-term consequences are in addition to the immediate penalties, such as an automatic license suspension, substantial fines, and even a possible jail sentence. That’s why it’s important to seek experienced legal representation to defend OUI charges in Maine.
There is no provision within Maine law for the expungement of adult criminal records – with only one exception. That is for convictions for Class E crimes (the least serious criminal offenses) committed by people aged 18 to 21 years old at the time of the offense.
The law referenced had a “sunset provision” on it, which means it expired on a certain date and may no longer be available for young offenders to use.
A few examples of Class E crimes include:
If you were between the ages of 18 and 21 when you were convicted of such a crime, you may petition the court for an expungement providing you meet the following conditions:
If you are facing criminal charges in Maine, the attorneys at The LATHAM & WATKINS Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys
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