Ask an attorney 
What happens next?
If
you have been arrested or accused of a crime, your chances of a successful
defense depend largely on the skills of your criminal defense lawyer
and his ability to navigate the criminal justice system effectively.
Therefore, it is extremely important that you immediately contact
an attorney to discuss your case if you have been charged with a
crime or you believe you are the focus of a criminal investigation.
Call the attorneys of NIELSEN & BLY now
to setup an appointment to discuss your case.
Police investigation - should I talk to the police?
If the police are conducting a criminal
investigation, they may ask you to come into the station and give
a statement. This may seem like an opportunity to tell your side
of the story. The investigating officer may tell you that this is
your one and only chance to clear your name. Nothing could be further
from the truth! Understand that this is a very dangerous time for
anyone charged or under investigation for a serious offense as any
statements you give the police will likely be used against you in
a court of law.
Instead of talking to the police, consult
with an attorney from NIELSEN & BLY. We will intercede on your behalf and keep the police and prosecution
team at arms length. This is a great way to get valuable information
and may result in charges not being filed. Most importantly, doing
so will keep you from giving a statement that might ultimately be
used against you. Any statement you make can and will be used against
you. Even statements made by you that you believe will prove to the
police that you are innocent can be damaging. For example, the police
may not know whether you were even in the area of an alleged crime.
If you make a statement to the police saying that you were there
but had nothing to do with it, the District Attorney no longer needs
to prove your presence at the scene of the crime. You have done that
for them.
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Can I be arrested without evidence of guilt?
The police can arrest you only if they
have probable cause to believe you have committed the crime. Once
they have probable cause, they can arrest you in a number of ways:
- They can simply arrest you as the suspect at the
scene of a crime;
- They can summons you to appear in court before a judge to answer
to a complaint of a crime;
- They can obtain an arrest warrant from
a Judge;
- They can obtain a search warrant, which could then lead to an
arrest upon the finding of evidence that implicates you in a crime.
If you have been arrested or you believe you are the focus of a criminal
investigation, call our Office and arrange a time to meet and discuss
your case with us. The attorneys of NIELSEN & BLY can
help you.
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What are my constitutional rights?
All persons arrested in the United States
have constitutional rights that are in volatile and remain with
you throughout the criminal process.
In Maine, a person accused of a crime has
a right to a jury trial made up of 12 residents of the county where
the offense occurred. They have the right to have this jury hear
all of the witnesses and see all of the evidence approved by the
court. They have a right to be present during the trial and while
the jury is hearing the case. They have the right to see, hear,
and confront the witnesses. They have the right to call witnesses
of their own, and to have the court issue subpoenas to assure that
they appear. They have the right to testify themselves should they
choose to do so, but, in accordance with the right to remain silent,
a defendant cannot be forced to testify if he or she does not want
to.
In Maine, if you are arrested and there
is a risk of jail, an attorney will be appointed to represent you
if you cannot afford to hire your own attorney. Your attorney will
act on your behalf before, during, and after the trial.
In order for the State to prove that you
committed a crime, the State must prove its case against you beyond
every reasonable doubt using lawfully obtained and admissible evidence.
For more information about your constitutional rights, contact
the attorneys of NIELSEN & BLY.
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What is bail & are there other
release alternatives?
The most common way to get out of jail prior
to the time of the trial is by posting bail. Some people choose
to post a cash bond in return for temporary release. This bond
is advanced by the defendant, or by a third party on behalf of
the defendant. If a victim is involved in a crime of violence,
you can expect that a condition of your bail will include a no
contact provision regarding the victim. In all domestic violence
cases this is a standard condition. Likewise, if your case involves
a crime where you were intoxicated, under the influence of drugs
or in possession of drugs, your bail conditions will have conditions
of no use or possession of illegal drugs or alcohol. In addition,
you could be subject to random search and testing of your person,
your home and your motor vehicle for drugs or alcohol. These conditions
can include a no probable cause provision so it is always best
to retain an attorney to ensure that your bail conditions are appropriate.
During your bail hearing, your attorney
will have the opportunity to argue your bail and any conditions
that the State may seek to impose. During a bail hearing, the most
important inquiries are whether or not you are likely to flee the
state or country if released; the likelihood that you will re-offend
upon release from jail and the seriousness of the crimes charged.
There are many other considerations that the Court will take into
account but these are of primary importance when considering bail.
Other release alternatives include personal recognizance programs
and/or unsecured bail. If you fail to make bail following your
arrest, you must be brought before a judge within 48 hours so that
the court can read the charges against you and set bail in your
case. Please contact an attorney from NIELSEN & BLY
if you believe you will be arrested or you, or a loved one, is currently
in jail and awaiting a bail hearing.
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What Does it mean
to be charged with a crime?
When you are charged with a crime your livelihood and liberties
are at stake. The District Attorney’s Office has lodged
a complaint in district or superior court and that complaint states
the particulars of the crime. Being charged with a crime and
being convicted are two separate and distinct phases of the criminal
justice system. Presumably, the District Attorney’s
Office has found probable cause to believe that you committed
the crime(s) charged in the complaint. The purpose of charging
you with a crime is to put you, the defendant, on notice of criminal
charges. That is one of your constitutional rights and it is
the very first step in the criminal justice process.
In Maine, crimes are divided into two categories: misdemeanors and
felonies. Misdemeanors are the least serious crimes and are categorized
as class “E” offenses and class “D” offenses.
Examples of misdemeanors include Theft (class “E”), Assault
(class “D”), OUI (Class D), Drinking in Public (class “E”).
Felonies are much more serious crimes than
misdemeanors, and hence have much harsher sentences. Felonies range
from Class “C” crimes
to the most serious of all, Class “A” crimes. Examples
of felonies include Reckless Conduct with a Deadly Weapon (Class “C”),
Aggravated Assault (Class “B”), Kidnapping (class “A”),
Robbery (Class “A”). The most serious felonies are capital
offenses which are prosecuted by the State Attorney General’s
Office. In the state of Maine, murder is a capital offense.
Penalties for the commission of a crime
are harsh and include the following maximum sentences for convictions
of the following crimes, other than murder: Class E misdemeanor
results in up to 6 months jail and $1,000 fine; Class D misdemeanor
results in up to 364 days jail and a maximum $2,000 fine; Class
C felony results in up to 5 years of jail and a maximum $5,000
fine; Class B felony results in up to 10 years of jail and a maximum
$20,000 fine; Class A felony results in up to 30 years of jail
and a maximum $50,000 fine.
If you're convicted of a crime, you may
be sentenced to fines, community service, imprisonment, administrative
release or probation. Maine state law provides for the following
general terms of probation upon conviction of the following crimes:
Class A crime, probation not to exceed 4 years; Class B crime not
to exceed 3 years; Class C crime not to exceed 2 years and Class
D&E crimes not to exceed 1 year.
There are however, exceptions to the general rules of probation.
Please consult with an attorney from NIELSEN & BLY if you are
charged with a crime.
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What should I expect at arraignment?
In Maine, your arraignment will be your first
appearance in court whether or not you are in custody. If you wish,
an attorney from NIELSEN & BLY can enter his appearance on your behalf and plead
you not guilty if you have been charged with a misdemeanor. During
arraignment, your attorney will usually receive the police reports
on your case and any additional evidence that the prosecutor has
in his or her possession. Your criminal defense lawyer will also
receive a formal complaint which states the charges that have been
filed against you. It is important to understand that while the
police may arrest you on one set of charges, the prosecutor's office
may choose to file a completely different set of charges, or additional
charges if they feel the evidence warrants those charges. Remember,
the prosecutor’s office is not bound by what the police charge
and they have a great deal of discretion to file a no complaint
or to tack on additional charges. For answers to more questions
about arraignments and what to expect, please
contact an attorney from NIELSEN & BLY.
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What happens after the arraignment?
After you have been arraigned, you generally have
21 days to file any pretrial motions as well as to request a jury
trial if you’ve
been charged with a misdemeanor. If you choose to retain the attorneys
of NIELSEN & BLY, our attorneys will advise you on how to proceed
and will file any and all motions necessary for your defense.
Motion to suppress
A Motion to Suppress is filed when your lawyer believes that there
are grounds to suppress either physical evidence taken from you or
statements made by you.
Motion to dismiss
A Motion to Dismiss will be filed by your lawyer if he/she believes
there was insufficient evidence at the preliminary hearing from which
the judge could make a finding of probable cause.
Motion to release information
In certain types of felony cases, most notably rape cases, the victims
psychological OR medical records may be relevant. A motion will be
filed by your attorney to disclose that information. It is not automatically
disclosed because of its privileged nature.
Motion to sever
In certain circumstances, your criminal defense lawyer may wish
to have your case separated from that of a co-efendant or have one
or more of your charges tried separately from the others.
Motion for Joinder
Under certain circumstances, your lawyer may wish
to have your case joined with that of a co-defendant or have one
or more of your outstanding cases tried under one docket.
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Status Conference
If you were charged by the police with a felony,
your first appearance will be for a status conference. At the status
conference, the judge will read the charges against you but you will
not enter a plea. Rather, bail will be set and the judge will ask
the prosecutor when he expects that an indictment will be returned
against the defendant.
Maine uses the Grand Jury indictment system. Grand
Juries are extremely secretive and only the judge, members of the
grand jury, the prosecutor and his witnesses are present. Neither
the defendant nor his attorney is allowed to attend Grand Jury proceedings.
Once an indictment has been returned by the Grand Jury, a date will
soon be set for arraignment.
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Criminal law & the trial
If no disposition is reached on your case, it
will be set for trial. In Maine, all felonies fall within the jurisdiction
of the County Superior Court and thus set for a jury trial unless
the client chooses to waive a jury trial prior to trial. In addition,
all misdemeanors fall within the jurisdiction of the District Court
and the case will be tried by a single judge unless the client or
his/her attorney requests a jury trial within 21 days of arraignment.
The form your trial takes will depend entirely
upon the particular circumstances of your case. If you decide to
retain an attorney from NIELSEN & BLY, we will develop an overall theme to your case
and call witnesses who will support your innocence. We will also
poke holes in the State’s case when we cross examine their
witnesses and impeach their credibility. The attorneys of NIELSEN & BLY are always ready to take a case to trial when it is in the best interests
of the client. Sometimes, a negotiated plea is the best choice for
the client. However, all options available will be discussed with
the client and decided upon prior to trial.
Prior to trial, your attorney will have the opportunity
to select a jury. However, attorneys are not allowed to voir dire
or question the jury directly. Rather, the judge will ask prospective
jurors questions that he has prepared before hand as well as questions
submitted by the defense and prosecution.
Once the jury has been selected, your attorney
will argue whatever motions are required in order to secure you a
fair trial. This argument will usually take place in chambers with
the judge and out of the hearing of the jury. After those motions
are heard, the trial will commence. The prosecution will give an
opening statement. Your attorney can give an opening statement either
at that time or reserve opening statement until after the prosecution's
case is over.
After the opening statement, the prosecution will present its evidence
in the form of physical and scientific evidence and expert and lay
witnesses. Your attorney will have the opportunity to cross examine
each of those witnesses.
Once the prosecution rests the case, your attorney will present your
case, calling any helpful witnesses to the stand. These witnesses
can include witnesses who witnessed the event or heard others talking
about the event. After your attorney finishes his case, the prosecution
has an opportunity to put on rebuttal evidence. Once all the evidence
is closed, the prosecutor and your attorney will give a closing argument
to the jury. If you retained an attorney from NIELSEN & BLY,
we will focus on reasonable doubt and the facts of your case. The
closing argument is an opportunity to wrap up all the evidence and
tell the final story to the jury. This is an opportunity to present
a “road map” to the jury to assist them in returning
a verdict of not guilty.
The jury will then retire to reach its decision.
In Maine, the jury must reach a unanimous decision. If they are deadlocked
and cannot reach a decision, a mistrial will be declared by the judge.
If a mistrial is declared, the prosecutor can choose to retry the
case or dismiss the charges. Sometimes, if it is in the best interests
of the client, a plea agreement will be reached for a lesser crime
so as to avoid exposing the client to the risk of a conviction on
the second jury trial.
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Criminal law & sentencing
A defendant who is charged with committing a crime
and found guilty, either by way of a jury verdict or a plea of guilty,
is sentenced by the trial judge. The sentence imposed is based upon
certain criteria following state and federal sentencing guidelines.
Important criteria may include the nature of the crime committed
and the defendant's criminal history. Additional factors are considered
by the judge as either mitigating or aggravating circumstances and
may decrease or increase the severity of the sentence.
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Criminal law & appeals
In Maine, the defendant has the right to appeal
if he or she loses at the trial level. To appeal the findings of
the judge or jury, the defendant must generally file a written notice
of appeal within 21 days of the decision.
The written notice of appeal must be filed with
the clerk of the appellate court in the jurisdiction where the conviction
was entered. If an attorney from NIELSEN & BLY is retained, he
will review the record of proceedings, which includes a transcript
of the hearing and all evidence entered at the trial.
Your attorney will submit a written brief arguing
the issues upon which he believes the trial court committed reversible
error. The prosecution also has the opportunity to respond in a written
brief. There are many other deadlines and formats to be followed,
which is why it is so important to consult
with an attorney from NIELSEN & BLY if you are convicted of a crime and wish to appeal that conviction.
Once the case reaches the Maine Law Court, the
court may choose to affirm the conviction, reverse the conviction
or remand the case back to the trial court for a new trial.
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