The CONSEQUENCES of a DOMESTIC VIOLENCE ASSAULT conviction are so severe, that a person charged should seriously consider obtaining the service of an experienced defense attorney to combat the state's allegations. Domestic Violence Assault in Maine can be charged with the mere allegation of a push or a shove without injury. A conviction for a domestic violence assault, even a misdemeanor domestic violence assault results in a citizen being stripped of their 2nd Amendment right to keep and bear arms for life. This also means that a convicted person would be prohibited from hunting with a firearm for life.
No one wants to have a domestic violence assault conviction on their record if it can be avoided with the help of experienced legal representation.
The allegation that the offensive contact or assault occurred against a family or household member or dating partner is the element that elevates the consequences of being convicted.
Domestic violence is a political topic that surfaces in many federal, state and local political campaigns. The state charges many 'he said', 'she said,' allegations, often without corroborating evidence. Many of the cases the state files have weak points that can be exploited by an experiences defense attorney.
If officers arrive on the scene of a domestic violence call, it is very likely that someone is going to be arrested.
If a person has been previously convicted of domestic violence assault within 10 years, even if it the allegation was a push or a shove, the next allegation can be filed as a class C felony punishable by 5 years in prison.
DO NOT FACE AN OUI ALONE. An OUI arrest does not mean the state has a case it can prove beyond a reasonable doubt. It only means that the arresting officer in his subjective opinion, believed he had probable cause to arrest you.
The state can allege impairment by alcohol, marijuana, drugs, or a combination thereof. The testing an officer performs may vary based on whether the investigation focuses on drugs or alcohol.
Jail time, fines, and the loss of your drivers license are potential consequences of being convicted of operating under the influence.
In addition to the criminal charges, upon being arrested for an OUI, the Maine Bureau of Motor Vehicles will move to suspend your driving licence regardless of what happens in criminal court. Ross will represent you against the state in Bureau of Motor Vehicle hearings.
The analysis of your case begins with the stop. Did the officer have reasonable suspicion to pull you over? If he did not, all of the state's evidence may be suppressed and the case may be dismissed.
Did he perform the field sobriety tests according to the manual's instructions? Or, is the validity of certain tests compromised by an officer incorrectly performing tests or giving instructions incorrectly? If so, a test may be thrown out entirely or given less weight than a correctly instructed or performed test.
Unless you hire an experienced defense attorney, you may end up pleading to charges that the state could never prove.
TRAFFICKING OR POSSESSION
Every drug defense must start with a Fourth Amendment evaluation. The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures.
This means that a police officer must have a constitutionally valid reason to stop, detain and/or search you. If the police officer makes an illegal stop or search of you, any evidence he seizes can possibly be excluded from your prosecution. If the evidence cannot be used against you, then your case may be dismissed.
In many drug cases, possession is a critical element of charging a person in a drug case. Many variables can be used by the state in charging the offense. One of the variables is proximity to the contraband. Simply being in the wrong place or vehicle at the wrong time can result in criminal charges.
If you've been seriously injured in an accident, finding the right Maine personal injury lawyer to take on the insurance company and protect your rights and interests can seem overwhelming. We can help with your case.
In Maine, the Bureau of Motor Vehicles will move to suspend the license of anyone charged with Operating Under the Influence regardless what happens in the pending criminal case. A person has the right to request a hearing to force the state to prove their case before your license can be revoked.
Ross can guide you through this complex administrative process.
Ross offers legal representation for persons charged with most crimes to include misdemeanors and felonies in the state of Maine. Call the Law Office of Ross Fichthorn, at 207-322-0300 today and receive a free confidential consultation of your case.
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