Furnishing Alcohol and Providing a Place for Minors to Drink

He also makes sure to hire a good lawyer

Mixing Alcohol and Minors Can Be Trouble

Recent news reports show that prosecutors take furnishing alcohol to minors and providing a place for minors to consume alcohol seriously and judges are willing to impose serious sentences. These offenses seem to come up pretty often so it's worth taking a closer look at the Law.

Marijuana: Medicine for Maine; Still a Federal Crime

I have talked before about Maine's progressive medical marijuana law, about the recently proposed changes to the medical marijuana law and about the impact that drug use can have on federal rights especially the right to posses firearms.

Well, this article in the Bangor Daily News discusses new Maine Housing Authority regulations that will force Medical Marijuana users out of Section 8 housing. The problem is that, even though medical marijuana is legal in Maine, it is illegal under federal law. Since section 8 is a federal housing subsidy, you can't get it if you violate federal drug laws.

It seems extremely likely that we are going to see other issues crop up: medical marijuana users charged with federal firearms violations for hunting, or problems with federal student aid for Marijuana patients. These are strange times. States are progressing in an understanding of Marijuana as a substance that should be regulated, not prohibited. Federal authorities still have a 1920s mentality and the rigidity is creating some difficult tensions. I am sure we will see some challenging cases of defendants caught in the crossfire.

Criminal Statute of Limitation Bars Some, But Not All Old Prosecutions in Maine

Maine's Criminal Statute of Limitations is codified at 17-A MRSA section 8. It provides that, normally, prosecutions for felonies must be commenced within six years and prosecution for misdemeanors must be commenced within three years of the offense.

The statute is limitations clock is stopped under certain circumstances. The statute does not run during any time when the defendant is absent from the state of Maine and this can extend the statute of limitations by a maximum of five years. The time also does not run once a prosecution against the defendant for the same crime based on the same conduct is pending in Maine, even if the defendant is not brought before the court until after the time limit has run.

Most importantly, there are two situations in which the statue limitations is never a bar prosecution. That is in the case of murder or most sexual offenses against a victim who is less than 16 years old. These cases can be brought anytime. Sex cases in particular are often prosecuted many years or even decades after the alleged criminal conduct.

Cases brought years after the date of the alleged violation, are very problematic. Witnesses are lost, die, or forget what happened. Defendant's themselves often forget the exact circumstances surrounding the allegations. This makes a very stressful situation more stressful, but it also creates opportunities for defense. It is extremely important to speak with an experienced attorney immediately upon learning that charges are being investigated.

Choosing a Criminal Defense Attorney: 5 Things to Know when Hiring a Lawyer

Saul Goodman is not a real lawyer but his website is, unfortunately, not that unrealistic.

The highest search results are not always the best lawyers

The search result that comes up first might not be the best lawyer for the job. Any of the links shaded in yellow or on the right column of the google results page are paid advertisements. That is not a bad thing but it just means that the result is there, not because it's the the most relevant to your search, but because someone bought the positioning on the page. As you click the results, what do you find? Is it a lot of "I will FIGHT for YOU" or is it actual information that might help you understand your situation? Lawyers think about what goes into a website and the content there is probably an extension of their personality and worldview.

Attorney Referral Services

When you search for a Criminal Defense Lawyer on Google, many of the top search results will look like law firms, but they are not. Sites like "mycriminalattorney.com" are not real law firms but are referral services based thousands of miles away. You contact them, they will charge you a fee and then contact a local attorney to handle your case. If they charge you $3000, the local attorney might get $1000 of that to handle the case. You just paid $2000 for that service to send an email. A website that does not list a local location and phone number is not a local law firm.

Maine has no Public Defender's Office

Other States have a publicly funded office with attorneys who represent defendants that can't afford a lawyer. Maine does not have a such an office but instead has a court appointed attorney system. That means that certain attorneys have agreed to accept criminal cases which the court assigns to them. The state pays the attorney an hourly rate for handling the cases and the client has little or no obligation to reimburse the state for that fee.

A good Court appointed defense attorney can do excellent work for you

Whether you pay out of pocket or get an attorney appointed, a good lawyer is going to do the best job they can for every case they handle. Many of the best criminal defense lawyers do take some court appointed cases. Currently the hourly rate for appointed counsel is $50 and payment caps limit the maximum number of hours that an appointed attorney can bill on most cases.

You should be aware of some issues inherent in the court appointed system:

1. You don't get to choose your lawyer; the court is supposed to just appoint the next lawyer on the list. While many appointed attorneys do excellent work, some definitely do not.
2. Many court appointed attorneys do not specialize in criminal defense. While some do, others use court appointed work as a way to supplement a practice which focuses on some other area. A person facing criminal charges should be very careful to make sure that their attorney, whether appointed or retained, specializes in criminal defense. 
3. Third, there is a certain economic reality at work when a criminal defense attorney decides how to spend their limited time and the firm's limited resources. A conscientious lawyer would never neglect any case, and the bar overseers ensure that certain minimum standards are met. Still, when it comes down to it, there is the potential that a lawyer will choose to put extra time and effort into the privately retained case and not the court appointed one.

Choosing the Best Criminal Defense Lawyer for you

In the end, the best lawyer will have the experience and expertise you need, but just as important, they are someone that you like and that you can talk to and get along with. That defense lawyer is probably one that the DAs and judges respect and that a Jury can listen to, understand, and agree with. A lot of criminal defense attorneys fall back on aggressive language and pompous bluster. The reality is that the most effective lawyers don't really talk like that. It's a lot easier to yell at someone than it is to have a conversation, but effective advocacy is not about bullying people. The tougher job, and the more important job, does not have anything to do with arrogance, ego or bragging rights. Instead, it involves understanding and interpreting complicated legal issues in a way that benefits your defense, and then knowing how to persuasively communicate that perspective to a judge and jury.

Maine Prostitution Charges: Misdemeanor and Felony

Photo credit: Taberandrew /Creative Commons

Prostitution has been in Maine news a lot lately. There are at least three high profile cases right now: a Zumba instructor who may have offered services that her sign did not advertise, a man alleged to have invested in that prostitution business, and another prostitution ring operator who now faces federal charges for extorting money from a customer who circumvented the business and transacted with the girls directly. The complaint in that case is a pretty great read. It all gets one thinking about what Maine's prostitution laws actually prohibit and, what penalties can be imposed.

Maine's Prostitution Laws:

The Law is codified in Title 17-A, Chapter 35 and the statutes there prohibit "Engaging in Prostitution," Engaging a Prostitute" "Promotion of Prostitution" and "Aggravated Promotion of Prostitution." Only aggravated promotion of prostitution can be charged as a felony; the remaining charges are misdemeanors. While they aren't the most serious crimes, the stigma of being charged may be the most significant sanction for those accused.

Engaging a Prostitute:

People are charged with this if the prosecution believes that they were a prostitute's customer. A person engages a prostitute by "providing or agreeing to provide, either to the person whose prostitution is sought or to a 3rd person, pecuniary benefit in return for a sexual act or sexual contact as those terms are defined in section 251." This is probably the charge that the Zumba clients will face.

Engaging in Prostitution:

If the prosecution believes that a person was working as a prostitute, they can be charged with engaging in prostitution. The law provides that Prostitution "means engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact, as those terms are defined in section 251, in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person."

Sentences for most Prostitution Offenses:

A first offense for either crime is a Class E misdemeanor. That class of crime is normally punishable by up to $1000 in fines and 6 months in jail. Until 2013, the law explicitly provided that only a fine could be imposed and no jail time was allowed for a first offense of engaging in prostitution or engaging a prostitute conviction. In the wake of the Zumba case, the law was changed and now first offense engaging a prostitute can be punished by jail time. First offense engaging in prostitution is still punishable by a maximum $1000 fine and no jail.

If a defendant has a prior conviction for these offenses in Maine or another State within the past 10 years, the crimes becomes class D misdemeanors punishable by $2000 in fines and up to 364 days in jail. Until the 2013 law change, the "look back" period was only 2 years meaning only a prior conviction within the past 2 years would count to increase a new charge. Now, the look back has been increased to line up with other other Maine statutes (like Operating Under the Influence) which punish second offenses more harshly if the defendant has a prior conviction within the past 10 years.

More Serious Charges, Promotion of Prostitution:

The more serious offense is promotion of prostitution and aggravated promotion of prostitution. One promotes prostitution by:

1. Causing or aiding another to commit or engage in prostitution, other than as a patron;
2. Publicly soliciting patrons for prostitution...;
3. Providing persons for purposes of prostitution;
4. Leasing or otherwise permitting a place controlled by the defendant, alone or in association with others, to be regularly used for prostitution;
5. Owning, controlling, managing, supervising or otherwise operating, in association with others, a house of prostitution or a prostitution business;
6. Transporting a person into or within the State with the intent that such other person engage in prostitution; or
7. Accepting or receiving, or agreeing to accept or receive, a pecuniary benefit pursuant to an agreement or understanding with any person, other than with a patron, whereby the person participates or the person is to participate in the proceeds of prostitution.

Violation is a Class D misdemeanor punishable by $2000 in fines and up to 364 days in jail. If the defendant "promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution; or ... Promotes prostitution of a person less than 18 years old" they commit the crime of Aggravated Promotion of Prostitution. This is a class B felony punishable by $20,000 in fines and 10 years in prison.

Maine Drug Possession Charges: Penalties and Defenses

Maine drug laws make it a crime to possess a whole host of chemicals. These include substances normally considered "drugs of abuse" like heroin, and many other medications that one needs a prescription to get. Under Maine law, a man holding crack cocaine and a man holding his wife's prescription might both be charged with the same drug possession crime. To help you better understand Maine drug possession laws, this article covers the following topics:

• Classification of Scheduled Drugs
• Drug Possession Misdemeanors and the Available Sentences
• Drug Possession Felonies and the Possible Sentences
• Marijuana Possession Charges
• Consequences of Conviction beyond the Criminal Penalties
• Possible Defenses to Drug Possession Charges

This post does not cover Maine drug trafficking laws but you can click that link for more. Drug trafficking can be charged as either a state or federal crime.

MAINE DRUG POSSESSION LAW

In Maine, possession of many drugs is a misdemeanor punishable by a minimum fine of $400 and maximum sentence of less than one year in jail. But the class of crime and the penalties imposed change based on the kind of drug, the amount possessed and prior drug convictions.

CLASSIFICATION OF SCHEDULED DRUGS

Under Maine Drug Law, substances are divided into schedules W, X, Y, and Z.

Schedule W includes:

• Stimulants such as cocaine and amphetamines 
• Opiates such as Methadone, Oxycodone and Heroin 
• some hallucinogens including LSD and MDA; and 
• Barbiturates.

Schedule X includes:

• some depressants 
• many hallucinogens including Mescaline, Psilocybin, DMT 
• Hashish; 
• some tranquilizers including Ketamine.

Schedule Y includes:

• Sedative and hypnotic drugs
• Phenobarbital
• Codeine 
• Diazepam.

Schedule Z is a catch-all category which includes all other prescription and non prescription drugs.

MISDEMEANOR DRUG POSSESSION PENALTIES

• Read this article for more details on Maine's criminal sentencing system

Possession of most Schedule W or X drugs is a Class D Misdemeanor punishable by a minimum sentence of a $400 fine a maximum of $2000 in fines and 364 days in jail. Interestingly the sentence for possessing schedule W Drugs can include probation even though probation is not usually available for misdemeanors. Possession of a Schedule Y or Z drug is a Class E misdemeanor with a minimum $400 fine and maximum $1000 fine and 6 months jail.

POSSESSION OF CERTAIN DRUGS IS ALWAYS A FELONY

Possession of opiate drugs such as Heroin, Oxycodone, Hydrocodone, Hydromorphone, and possession of Methamphetamine is always a class C felony charge. There is a $400 minimum fine and a maximum of $5000 in fines and 5 years in prison. Possession of Crack cocaine is a class C felony if the person had previously been convicted of drug possession or trafficking.

POSSESSING LARGER AMOUNTS OF SOME DRUGS IS A FELONY

As discussed above, possession of Schedule W drugs is normally a class D misdemeanor. However, Maine Law makes possession of larger amounts of some schedule W drugs a class B felony, punishable by $20,000 in fines and 10 years in prison. This applies to 14 grams or more of powder cocaine or methamphetamine and to 4 grams or more of crack cocaine.

MARIJUANA POSSESSION CHARGES

Marijuana possession in Maine is normally not a crime but is a civil violation if one possesses less than 2.5 ounces. The mandatory minimum fine is $350 dollars for less than 1.25 ounces and $700 for more than 1.25 ounces. If you have more than 2.5 ounces, possession becomes a crime. It's a class E misdemeanor for more than 2.5 ounces, more than 8 ounces is is class D, more than one pound is class C felony and over 20 pounds is a class B felony punishable by $20,000 in fines and 10 years in prison. Of course, Maine's medical Marijuana law permits qualified people to legally possess marijuana.

OTHER CONSEQUENCES OF DRUG CONVICTIONS

Like any criminal conviction, a conviction for drug possession shows up on a public background check. A conviction may also disqualify applicants for certain federal programs such as federal financial aid for students or federal housing and other subsidies. There is also the potential that those convicted could be classified as and "unlawful user or person addicted to a controlled substance" under 18 U.S.C. § 922(g). Federal law prohibits these and other people from possessing firearms or ammunition.

DEFENSES TO DRUG POSSESSION CHARGES

These cases are not as open and shut as people think. As with any crime, the State must prove all the elements beyond all reasonable doubt. The elements of drug possession are

1. That the person intentionally or knowingly
2. Possesses
3. What they know or believe to be a scheduled drug
4. Which is, in fact, a scheduled drug
5. For some felony charges, that the substance is a minimum amount of the drug.

For a good lawyer, there is a lot or room for defense in there. The issues are very fact specific but often questions arise as to whether the defendant had knowledge that the substance was there, whether they had a close enough connection to the material to be in legal possession of it, and whether the laboratory analysis confirms that it is the drug and that there is a certain amount of it.

Keep in mind that these charges usually start with the police detaining someone and then seizing the drugs. That action implicates important constitutional rights. The State must also prove that the police acted legally in detaining a defendant, searching for the drugs and seizing the substance. If that can't be proven, then the evidence should not be allowed into court.

The stakes are high and a conviction will stay on your record for the rest of your life. Pleading guilty guarantees a conviction and that can't be undone. It might make sense to at least talk to an attorney before deciding how to proceed.

Maine Medical Marijuana Law, Proposed Rules Changes

Maine has a pretty progressive medical marijuana law found at Title 22, Chapter 558-C. That law remains unchanged. But, under rule making authority granted to Maine Department of Health and Human Services, it has published new proposed rules. These rules would make some pretty substantial changes to the way the existing statute is applied.