Report Shows How Bad Civil Asset Forfeiture Has Become

Posted by William Bly | Apr 07, 2017 | 0 Comments

In one of our recent blog posts, we discussed how several politicians in Congress were finally pushing for civil forfeiture reform. The practice of taking property associated with a suspected crime had blown out of control, with law enforcement agencies taking more and more property that was only...

When Handcuffs Do Not Put You in Custody

Posted by William Bly | Apr 05, 2017 | 0 Comments

In a pair of last year's blog posts, we talked about Miranda warnings, and how they're only required after you've been taken into “custody,” which is not a simple concept. Now, a new case out of Maine showcases just how complex the idea of custody can become. Traffic Stop, “Detention,” and Arre...

Utah Lowers Legal Limit for Drunk Driving

Posted by William Bly | Mar 30, 2017 | 0 Comments

The state of Utah is plowing ahead with a huge change to their law dealing with operating under the influence (OUI). While all of the other states in the U.S. make it illegal to drive with a blood alcohol content (BAC) of 0.08% or above, Utah's new law would make it illegal to drive with a BAC of...

Congress Finally Considers Curbing Civil Forfeiture Abuse

Posted by William Bly | Mar 22, 2017 | 0 Comments

If you get arrested for a crime, police have the ability to confiscate any property of yours that they claim was related to the crime you're being arrested for. This is called civil forfeiture. It was first used as a police tactic back in the “war on drugs” in the 1980s as a way for police to dea...

Department of Justice to Strictly Enforce Federal Drug Law

Posted by William Bly | Mar 20, 2017 | 0 Comments

While policy decisions from the White House have been vague or difficult to follow, the new statement on the enforcement of federal drug laws is pretty clear: The Department of Justice will ignore state laws that decriminalize marijuana. While this does not come as much of a surprise – especiall...

Should You Testify in Your Own Defense?

Posted by William Bly | Mar 20, 2017 | 0 Comments

If you're facing a criminal charge in the state of Maine, whether it be for operating under the influence (OUI), or a drug crime, or any other type of crime, one of the most important questions you'll face as you get to trial is whether to testify on your own behalf. Without the help of a skilled...

How Police Stretch the Scope of a Permissible Search

Posted by William Bly | Mar 17, 2017 | 0 Comments

The scope of a police officer's search might not seem like something you should have to care very much about. However, in the criminal defense world, it can make all of the difference between being let go and being arrested and later convicted of a serious crime. Unfortunately, police know this, ...

Supreme Court Throws Out Verdict for Racial Bias

Posted by William Bly | Mar 14, 2017 | 0 Comments

One of the most important parts of the criminal justice system in America is the jury system. By leaving the verdict up to the jury, we ensure that normal people play a crucial role in how we treat people who have been charged with a crime. By preventing anyone from hearing or seeing what goes on...

Why Maine v. Boyd Is Not a Game-Changer

Posted by William Bly | Mar 10, 2017 | 0 Comments

In our last blog post, we discussed a new case from the Maine Supreme Court dealing with operating under the influence (OUI). While that case, Maine v. Boyd, might seem like it makes a huge difference in how police can gather evidence of drunk driving, the reality is far more muted. Because the o...

OUI Case Focuses on What Consent Means

Posted by William Bly | Mar 08, 2017 | 0 Comments

If you get pulled over and arrested for operating under the influence (OUI) in Maine, you'll probably get brought to the police station for additional testing. Police want to get as much evidence against you as possible, so they'll try to get a blood alcohol content (BAC) reading from a breath or...

New Immigration Orders Spell Trouble for Everyone

Posted by William Bly | Feb 28, 2017 | 0 Comments

After running his campaign on a strict immigration policy, President Donald Trump has wasted little time in rolling out new executive orders and enforcement guidelines aimed at deporting immigrants. After his travel ban was immediately ruled unconstitutional by numerous courts, Trump has issued n...

How New Immigration Guidelines Obliterate Probable Cause

Posted by William Bly | Feb 23, 2017 | 0 Comments

In our last blog post, we pointed out how the newest immigration orders from the current administration could impact U.S. citizens as well as illegal immigrants. Now that these orders have been on the books for a few days, it's becoming clear exactly how this can happen. What Changed Since taki...

Are Sex Crimes Misdemeanors or Felonies?

Posted by William Bly | Feb 20, 2017 | 0 Comments

If you have been charged with a crime alleging some kind of sexual offense, it could be a misdemeanor or a felony. There are many factors that go into determining which type of crime it is, because there are some crimes that could be a misdemeanor but depending on the age of the victim could be put into the category of a felony.

Complexities in Maine's Shoplifting Law

Posted by William Bly | Feb 17, 2017 | 0 Comments

We all know that shoplifting is a crime. However, what many people don't know is that you can be accused of doing it even though you only shoplifted by accident. There are numerous situations where this can happen, and it can lead to a lot of confusion and could drastically impact your life if yo...

Self-Incrimination, Testimonial Evidence, and OUI Charges

Posted by William Bly | Feb 16, 2017 | 0 Comments

In our recent blog posts, we've delved into some of the details of the Fifth Amendment's self-incrimination clause. While the implications of the self-incrimination clause are wide-reaching, they only apply to evidence that is “testimonial.” Self-incriminating evidence that is “real” or “physical...

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