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The Nielsen Group
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Remember, its not just your friends, family and "followers" that look at your #SocialMedia. If you are being investigated for a #crime, it is very likely that the #Government is looking at it too. Be careful of what you post. And remember, just because there is no #Police officer looking over your shoulder when you #Tweet, #Miranda still applies. Keep it to yourself as anything you say, tweet or post can be used against you!

If you or someone you know has been charged with a crime, first off don't post about it, and then feel free to contact my firm for help.

#Maine #CriminalDefenseAttorney #CriminalDefenseLawyer

www.nielsegrouplaw.com
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As a #Maine #CriminalDefenseAttorney I am very pleased to see this case moving forward. The former prosecutor that is being sued manipulated a video to delete a highly exculpatory segment. In the #criminal #court, the #Plaintiff and his #Lawyer fought long and hard on these charges and eventually had his conviction for #assault tossed out.

As a skilled Maine #CriminalDefenseLawyer I know that we have to keep pressing those Brady requests to get the #State to fork over any and all exculpatory material. Keep it up!

If you or someone you know has been charged with a crime, don't give up! Please feel free to contact my firm as there may well be evidence out there that shows innocence . Having a skilled legal counsel who knows how to compell the state to find it and provide it to you is a must.

www.nielsengrouplaw.com
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Even if you have bad facts, a skilled #CriminalDefenseAttorney still knows how to make a good argument!

www.nielsengrouplaw.com

#MaineCriminalDefenseAttorney #MaineCriminalDefenseLawyer
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17.5 pounds of #Marijuana seized from home in Brunswick #Maine.

http://bangordailynews.com/2016/09/29/news/midcoast/police-17-5-pounds-of-marijuana-seized-from-maine-home/

Apparently #police went to the home in response to a child custody complaint and smelt an "overwhelming" smell of #cannabis.

Not withstanding the the ballot initative this election, #pot is still illegal, (unless prescribed) in Maine, but I wonder how if the result of the election is gonna have any effect on this case?

Regardless, the defendants charged with #Felony possession should fight these charges and hire a skilled #CriminalDefenseLawyer as depending on what the facts are, there may be some colorable arguments that the officers lacked #ProbableCause.


If you or someone you know is being charged possession or #trafficking of #drugs, please feel free to contact my firm for a consultation.
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Great cartoon but moreover there is an important principle here. No matter what the facts are, no matter your record or prior history or reputation, each #criminal #charge has to be proven #BeyondReasonableDoubt by the #state. You have a #right to a #trial in each and every case and the only way you get a trial is by pleading #NotGuilty or in other words denying the #allegations. This is your right under the #Constitution.

If you or someone you know is charges with a #crime, #misdemeanor or #felony, please feel free to contact my firm. We are happy to meet with you and answer all of your questions.

www.nielsengrouplaw.com
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The head of the #Maine Office of Substance Abuse charged with #OUI.

http://www.pressherald.com/2016/09/29/maine-substance-abuse-official-charged-with-oui/

#DUI can happen to anyone at any time. All it takes is a few drinks and a momentary lack of judgment. Whether you are well off or indigent, a professional or a laborer, the #police will charge you with #OperatingUnderTheInfluence (#DWI) if you are over the legal limit.

Remember, that #criminal #charges for #DrivingUnderTheInfluence can have an adverse impact on your professional license so it is important to fight these charges from the start and hire a skilled #CriminalDefenseAttorney.

For more information on fighting OUI charges in Maine, please feel free to review my munerous blog articles on the subject by visiting my website or contacting my office. And don't forget, if you find this information helpful, give it a +1.
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#Maine   man shoplifts aerosol can from #walmart , huff's it down while in the parking lot, and then immediately crashes into the store. Charged with #DTE and #shoplifting   . Lets look at this a little closer...

http://www.pressherald.com/2016/08/19/man-arrested-after-huffing-shoplifted-aerosol-duster-and-crashing-into-biddeford-walmart/

The State could have charged him for #OUI as well. Remember that #DUI is more then just alcohol. It can be charged when the suspect is impaired by intoxicants or #drugs . In this case the suspect is alleged to have consumed the aerosol spray can and then operate his motor vehicle, possibly under the influence, resulting in crashing back into the store he stole the aerosol can from.

Maine law allows law enforcement to consider crashing your car as a sign of impairment to aid in establishing probable cause for a breath test. A breath test is the first requirement to start a DRE examination. In a case like this one, in addition to the #intoxylizer   the State asks you to under go a #DRE evaluation to show impairment.

However luckily for the driver, it appears as that did not happen as the man was only charged with DTE and shoplifting without the addition of a charge of DUI. In order to have charged him with OUI, the police would have needed to have conducted the DRE evaluation soon after arrest before the suspect cam down from his high and stopped showing symptoms of aerosol usage. Without evidence of impairment from the DRE evaluation, the State cannot prove impairment. BTW, did I mention that a DRE evaluation if voluntary? More on that later.

For now, since this individual was charged with DTE, I have attached my blog post explaining a Maine DTE, please feel free to review it and
1+ the article if you found it helpful.
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Heads up residents of Sagadahoc and Cumberland Counties, there is an sobriety checkpoint coming your way!

http://bangordailynews.com/2016/08/17/news/midcoast/brunswick-police-cumberland-county-deputies-to-conduct-sobriety-checkpoint/?ref=moreInportland

These types of checkpoints just seem un-American. The State gets to detain you for no reason whatsoever... What gives? Well you can thank the for this intrusion into your liberty. A long time ago a challenge to an sobriety checkpoint in Michigan made its way all they to the and it decided basically, that in balancing the state's interest in preventing against the degree of intrusion upon individual motorists, the States interest in preventing #DWI weighed in favor of allowing these types of blanket stops. I wonder if any of the Justices on the Court that decided this case had ever been detained for no reason and questioned by the police?

If you have any questions about how these checkpoints occur in Maine, feel free to read the attached blog post and give it a +1 if you found it helpful.
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Accidental Shooting is another way of saying Reckless Conduct!

http://bangordailynews.com/2016/08/16/news/bangor/hampden-man-injured-in-accidental-shooting/

My bet is that just because the Penobscot County #Maine #Sheriff calls it an "accident" this isn't the end of it for the person who discharged the #firearm .


My prediction is that there will be an indictment for #Felony Reckless Conduct and here's why; Maine's #criminal Reckless Conduct statute reads as follows:


17-A M.R.S.A. § 211.

1. A person is guilty of reckless conduct if he recklessly creates a substantial risk of serious bodily injury to another person.

2. Reckless Conduct is a Class D crime. (Misdemeanor)

The mens rea element or culpable state of mind for this charge is "recklessly", which is defined in 17-A M.R.S.A § 35 as:

A. A person acts recklessly with respect to a result of the person’s conduct when the person consciously disregards a risk that the person’s conduct will cause such a result.

B. A person acts recklessly with respect to attendant circumstances when the person consciously disregards a risk that such circumstances exist.

C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and purpose of the person’s conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.

This language is very nebulous and as such it would not be a stretch at all for the DA to meet the probable cause standard to get an indictment. But why an #Indictment ? Isn't this a Misdemeanor?

Normally, Reckless Conduct would be charged as a Class D #Misdemeanor but, then there is:

17-A M.R.S.A. § 1252 (4).

4. If the State pleads and proves that a Class B, C, D or E crime was committed with the use of a dangerous weapon then the sentencing class for such crime is one class higher than it would otherwise be.

Because a firearm is considered a "dangerous weapon" this would be charged as a Class C Felony, (one class higher then a D misdemeanor) thusly requiring the State to secure an indictment to proceed forward. Lets hope that the Grand Jury is feeling a bit skeptical and not just a rubber stamp when they are in session that day!


Last thing, if there was no allegation of a use of a dangerous weapon, then this would be just a misdemeanor, but since this involved the use of a dangerous weapon to wit; a firearm, this will be charged as a felony and as such there will be lifelong #federal #collateralconsequences prohibiting the use or possession of #guns .

The fellow who accidentally discharged the firearm better lawyer up because he has some significant rights at stake.

For a helpful review about how your second amendment rights are at stake with any felony charge, please review my blog post on the subject and don't forget to give it a +1 if you find it helpful!
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First off, I'm happy that the Topsham #Maine officer is OK and this this accident was not any worse then it was, but for the driver they are in for a world of hurt if they don't do they need to and hire an experienced #OUI defense attorney ASAP. The #mandatoryminimum sentences for #DUI are tough, but in cases like these, where there was an accident the state always seeks a higher sentence. My instinct is that the Prosecutor will be unreasonable because it is likely that they know the officer and have worked with them before. Best course of action in this case is to attempt to exclude the test, so the State doesn't have the guilty sheet to argue to the #jury 
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