The legal term for a sentence a convicted criminal is not required to serve is called a suspended sentence. A suspended sentence is handed down during the sentencing portion following a plea or a trial. The judge presiding over a trial has the authority to decide whether or not to suspend all or a portion of the defendant’s sentence. Some of the factors may be based on prison overcrowding, a person’s criminal background, evidence of remorse, mitigating factors and many other factors, which are too numerous to list. A judge hands down a sentence first, and then decides whether to suspend a portion of it, order a period of incarceration, fine the defendant or some combination thereof. Having a professional criminal defense attorney on your side does not guarantee a fully suspended sentence or similar result, but it can help you learn whether you can even request a fully suspended sentence during the penalty phase…

We have talked about court costs, ignition interlock devices, probation, license reinstatement, and SR-22 insurance as they relate to what things you will have to pay during the course of an OUI case. Operating under the influence is a serious charge, and there are many fees associated with a case. The following are more payment examples for OUI convictions, but keep in mind that these are all examples. Any, all, some, or none may apply to your case…

BMV suspension hearings are very different than a trial for OUI. Once you’ve been arrested, a police report will be generated. That police report will be sent off to two places. First, the Secretary of State will receive a report and then the District Attorney’s Office receives a copy of the same report. The District Attorney’s Office is the organization or the entity that generates the criminal charges in your case. However, we’re not going to be talking about that today. We’re talking about the Administrative License Suspension that is generated by the Secretary of State.

When that license suspension is generated by the Secretary of State, you have an opportunity…

A first offense may not sound like a big deal, but if repeated it can quickly avalanche into a huge crisis that you deal with for the rest of your life. A second offense sounds more serious than the first, to be sure, but still not a big deal in the grand scheme of things, …Continue Reading →

One of the fundamental purposes of hiring or requesting an attorney who specializes in DUI law if you are arrested and charged with driving under the influence of alcohol is to create a plausible defense in your situation. Your professional DUI attorney should understand state laws, statutes, and legal precedent, but he/she should also be …Continue Reading →

Having a criminal record can affect your life in many different ways, but it does not necessarily have to be the end of the world for you and/or your family. It simply means that there are some obstacles to overcome, but it can still be done if you work hard and keep your nose clean. …Continue Reading →

In the state of Maine, there are two different ways that you could be arrested for operating under the influence, regardless of whether you caused an accident or any property damage. These are operating under the influence of drugs and operating under the influence of alcohol. The laws and statutes that govern one also govern …Continue Reading →

Although many popular television shows and movies feature the common person (or what is supposed to be an average Joe) being arrested for DUI/DWI, even stars are not immune to being arrested. Driving under the influence of drugs/alcohol or driving while intoxicated is a serious offense in most states, and can be treated like a felony or misdemeanor, depending on many different factors.

I just finished a grueling trial last week on a felony DUI. My client had been accused of DUI and refusing to submit to a breath test as well as stealing a car. My kid was looking at at least 2.5 years in prison if he had been convicted of the crime. It was the …Continue Reading →

Just thought I’d post some pictures and thoughts from my last vacation.