Maine Criminal Defense Lawyer
Whether you are visiting Marginal Way or Acadia National Park, there is plenty to see and do in the great state of Maine. With Portland as its capital and only hours from other major cities such as Boston and Montreal, you can live a peaceful life without having to completely disconnect from civilization as a whole. Although you are free to hunt, fish, and engage in other activities at your leisure, it’s important to do so in a lawful way. Otherwise, you may find yourself spending several hours or days inside of a local jail.
You Don’t Have to Say Anything
Perhaps the most important thing to understand if you’re approached by the police is that you have the right to remain silent. A failure to answer questions cannot be used as a basis to take you into custody, charge you with a crime, or obtain a conviction at trial. Of course, it is important to keep in mind that you may be detained or brought in for questioning if you don’t engage with authorities during a traffic stop or during a visit to your home.
You do have the right to request that a Maine criminal defense attorney be present during any interrogations. An attorney may minimize the risk that you are intimidated or coerced into saying or doing anything that might incriminate you. Your attorney may also alert you about any questions that may be inappropriate or may be designed to get you to admit to something before you answer.
It’s important to note that anything that you say voluntarily will likely be admitted into evidence during plea talks or during a trial. However, if you are led to believe that you have to talk, anything that you say to investigators or to a police officer may be stricken from the record. Generally speaking, you must be read your Miranda rights when you are taken into custody.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
Why Hire an Attorney from The Criminal Defense Firm?
The attorneys from The Criminal Defense Firm are mostly former members of agencies such as the IRS, OIG, and DEA as well as former federal prosecutors. Therefore, you will be working with someone who understands the legal process from the perspective of both the defense attorney and the prosecutor. This may make it easier to obtain a plea deal or an acquittal because your attorney will be able to gain insight into what the government does or doesn’t do during an investigation or at other points before or during a trial.
For example, if the government asks for information regarding other crimes similar to yours, it may indicate that convicting you isn’t a high priority. Instead, it may be possible to negotiate a plea deal that allows you to avoid most penalties in exchange for that information. Alternatively, if the prosecution charges you with multiple crimes, it may mean that it is trying to get a conviction on whatever it thinks the jury will find plausible. In such a scenario, it may be in your best interest to seek a plea deal as it may be difficult to obtain an acquittal on every charge you face.
Another key reason to work with our firm is that you won’t interact with junior associates or with paralegals as your case unfolds. Instead, the Maine criminal defense attorney who is assigned to your case is the person who you will interact with at all times.
The Types of Cases Our Firm Handles
If you have been charged with drunk driving, murder, or assault, we can help you defend against those charges. If you have been charged with tax evasion, fraud, or other types of financial crimes, we can likely help you defend against those charges as well. In the event that you face both state and federal charges at the same time, our attorneys may be able to create a defense that will enable you to obtain a favorable outcome in both cases. With that in mind, let’s take a closer look at some common charges that state authorities often pursue.
Assault and Battery
Assault can take place even if you don’t actually touch someone. All you have to do is intentionally put someone else in fear of imminent harm. Battery occurs when you actually make contact with another person that results in harm to that person.
Drunk Driving
If you operate a motor vehicle after consuming alcohol, you may be charged with drunk driving. Legally, you can’t drive with a blood alcohol level (BAC) of more than .08%. However, you can still be charged with a crime regardless of what your BAC is if you show signs of impairment. You can also be charged with DUI if you are under the influence of illicit drugs or prescription medication.
Larceny
Larceny means that you have stolen money, goods, or services from a person or retailer. Petit larceny is often a misdemeanor and means that you have stolen goods that are less than $1,000. Grand larceny is typically a felony and means that you have stolen items of significant value.
Tax Evasion
Tax evasion occurs when you knowingly take deductions that you don’t qualify for or fail to report income earned in a given tax year. This is different than tax avoidance as this means that you’ve taken legal steps to reduce the amount that you owe to the government. It’s possible that a state tax evasion case could result in a federal case as information may be shared between state and federal tax authorities.
Frequently Asked Questions
Does the result of a civil case impact my criminal case?
There is a chance that you will face a civil suit from those who believe that they were harmed because of your actions. The standard of proof is much lower in a civil case compared to a criminal one, so your odds of being found liable for your alleged actions is greater. However, if you are found liable in a civil case, that result will have no bearing on your criminal case. However, the fact that you are found guilty in a criminal case can drastically influence the outcome of your civil case.
What is the standard of proof is a criminal case?
To earn a conviction in a criminal case, a prosecutor must prove beyond a reasonable doubt that you violated state or federal law. Beyond a reasonable doubt means that there is no other reasonable explanation for what happened other than you are guilty of a criminal offense. Let’s say that you were accused of murdering a colleague. If there is evidence showing that someone planted the murder weapon in your backpack where it was found, that might be enough to compel a jury to acquit you. For reference, the standard in a civil case is beyond the preponderance of the evidence. In other words, if it is more likely than not that you did something, a jury will find you liable.
What types of defenses might my attorney use?
There are many potential defenses that an attorney might use depending on the facts of the case and your desired outcome. For instance, if you want a full acquittal, your attorney may cast doubt on witness testimony in an effort to sway a jury to your side. If you want to avoid a trial altogether, your attorney may try to have evidence suppressed early so that charges might be dropped before a court date can be set. In the event that the evidence against you is strong, your attorney may claim that you acted in self-defense or that you were coerced into violating the law.
What should I know about the initial consultation?
The initial consultation is free and allows you to provide as much or as little information about yourself and your case as you’d like to share. It is worth noting that we do not review evidence or take other steps to defend your interests during the initial conversation. If you choose to hire us after talking to a representative of the firm, a second meeting will be scheduled when you can talk more about your case. The consultation should take about 15 minutes of your time, and engaging with the firm does not obligate you to hire one of our attorneys to represent you during the legal process.
Contact Us Today for Legal Representation in Maine
If you are in need of a Maine criminal defense attorney, don’t hesitate to call the national intake number for The Criminal Defense Firm at 866-603-4540 to learn more about how the firm can help. You can also reach out using our online contact form.