STATE v. T.P.

Offense: Furnishing a Place for Minors to Consume Alcohol

Maximum Sentence: 6 months jail and a fine of $1,000.00.

Synopsis: Client owned a summer home in Maine and was spending the weekend at the camp with his family.  Client’s oldest child invited friends to sleep over and hang out at the camp.  Some of the children’s friends brought alcohol over and began consuming it on the premises.  The consumption of alcohol took place while the client was sleeping.

Result:  The District Attorney wanted the client to serve 48 hours jail due to the fact that all of the kids were well under the age of twenty-one.  We brought up the issue that the only way the police could have determined the age of the children would have been to come onto the property and that the evidence obtained was a result of an illegal search.  District Attorney dismissed the case following the judicial conference.

STATE v. B.H.

Offense: OUI; Possession of Oxycodone; Possession of Scheduled Drugs; Driving to Endanger

Maximum Sentence: 1 year on OUI along with a suspension of 90 days; 5 years on the Oxycodone, 6 months on the DTE; 364 days on the second drug charge.

Synopsis: Client was stopped for erratic operation.  Client was driving with his wife and marijuana had been smoked recently during the drive.  Officer believed he developed probable cause to search the vehicle without consent.  2 different types of prescription medications were found in client’s vehicle, including Oxycodone.   Client was arrested for possession of drugs and brought back to the station to take a breath test.  Client was given a DRE examination and was charged with an additional crime of OUI.

Result: Search was problematic for the state and client had a prescription for the 2nd drug that was found.  State agreed to dismiss the 2nd drug charge, filed the felony for a period of 1 year, dismissed the DTE and client pled guilty to the OUI for a fine of $500 + 90 day loss of license and 48 hours at the alternative sentencing program.

STATE v. D.D.

Offense: Transportation and Possession of Alcohol by a Minor

Synopsis: Client had recently graduated from a local high school and was a former star athlete with a bright future.  He was stopped for speeding and ultimately admitted to consuming alcohol earlier in the evening.  He blew a .01% BrAC.

Result:  Client was placed on deferred disposition and the charges were later dismissed.  Client was also able to avoid a one year BMV suspension through careful negotiation with the arresting officer.

State v. M.T.

Charge was Providing a Place for Minors to Consume Alcohol.  Allegation was that the client, a mother, was allowing minors to consume alcohol in her home while under her care.  Police officers testified that they believed the client was drunk when they arrived at the home.  Placed the client on the stand to testify that she wasn’t drunk and didn’t know the children consumed any alcohol on the premises.  Client had a “shunt” in the back of her skull that accounted for a sever speech impediment that made her speech extremely slurred.  Additionally, the client had undergone numerous surgeries for scoliosis in the past and as a result she had extremely poor balance, which the police mistakenly attributed to her being under the influence of alcohol.  Jury was out less than 15 minutes and returned a not guilty verdict.

STATE v. B.P.

Offense: Assault

Maximum Sentence: 1 year jail and a fine of $2,000.00.

Synopsis: Client allegedly assaulted another male victim during  dispute over money at a third party’s apartment.  While there were multiple witnesses, all of the witnesses had conflicting stories and there was evidence that the client was actually defending himself rather than acting as the aggressor.

Result:  Case was dismissed at jury selection.

STATE v. S.S.

Offense: Assault

Maximum Sentence: 1 year jail and a fine of $2,000.

Synopsis: Client was involved in a brawl at a local pub.  Client was knocked unconscious during the brawl that involved 2 other parties.  Numerous witnesses testified that the client was the aggressor.

Result:  Case was filed for a period of one year and later dismissed.

State v. K.T.

Client was charged with a single count of assault against her mother.  Mother vehemently denied that the version of her statement that the police included in discovery.  Client was facing up to 1 year in prison if convicted.  Mother refused to cooperate with the prosecution of the case and it was ultimately dismissed.

STATE v. J.L.

Offense: Aggravated Assault

Maximum Sentence: 10 years prison, probation and a maximum fine of $10,000.00.

Synopsis: Client “ambushed” his wife’s former boy friend due to an allegation that the victim was sleeping with his wife.  The entire incident was caught on video.  The victim alleged mental and emotional distress as well as “brain damage” that caused him to be unable to work.  Victim suffered a broken nose as well as assorted scrapes/bruises.

Result:  Client pled nolo to simple assault with no jail or probation and a fine of $300.  There were serious proof issues with the case concerning the validity of the victim’s injuries and whether or not they rose to the level of an aggravated assault.  In addition, the victim was entirely unsympathetic due to his conduct with the Client’s wife.

STATE v. B.S.

Offense: Disorderly Conduct

Maximum Sentence: 6 months jail and a fine of $1,000.00.

Synopsis: Client was assaulted by another patron inside an Old Port nightclub.  Client allegedly started a fight with one of the establishment’s bouncers.  Client was knocked unconscious by one of the bouncers during the alleged altercation and received minor injuries as a result.  To the client’s dismay, he was charged with a crime.

Result:  Case dismissed following a judicial conference.

STATE v. J.S.A.

Offense: Criminal Threatening (DV) and Domestic Violence Assault

Maximum Sentence:  2 years prison and a fine of $4,000.00 as well as a term of probation.

Synopsis: Client allegedly threatened to harm his wife and allegedly showed up at the marital home and attempted to choke her.  Client had a long history of violence but this was his first allegation involving domestic violence against his wife.

Result:  Case was dismissed following disclosure of an audio tape containing voice mails from the client’s wife threatening to call the police and make up charges to get him into more trouble.

STATE v. A.G.

Offense: Criminal Threatening with a Deadly Weapon (DV)

Maximum Sentence: 5 years prison and a term of probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client held a loaded firearm to her husband’s forehead and threatened to shoot him.  Only witnesses to the case were the client and the victim.  The victim was not credible and the client denied the conduct.  Client indicated she was actually the victim of domestic violence and that she had actually been assaulted by the victim.

Result:  Grand Jury refused to indict and the case was dismissed.

STATE v. K.T.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year jail and a fine of $5,000.00 as well as 2 years probation.

Synopsis: Client allegedly slapped her boyfriend in the face and pushed him into a wall.  Client was allegedly under the influence of alcohol.  The only witnesses to the crime were the client and the victim.

Result:  Case was filed for a period of 6 months and later dismissed after the client provided evidence that she had entered treatment for substance abuse and anger issues.

STATE v. R.M.

Offense: Criminal Threatening with a Deadly Weapon (DV)

Maximum Sentence: 5 years prison and a fine of $5,000.00 as well as a term of probation.

Synopsis: Client allegedly threatened harm to his wife during a heated argument over money and the children.  Client had a valid concealed carry permit and was armed with a 9mm pistol.  Client made innocuous threats about “hurting people in the house” if she didn’t leave.  The alleged threats were made in conjunction with the client lifting up his jacket and displaying the firearm for the victim to see.

Result:  Case was placed on deferred disposition and the case was dismissed a year later.

STATE v. T.T.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client charged with Domestic Violence Assault following a 911 call from his girlfriend to the local police.  The allegations included conduct such as shoving the girlfriend, threatening her, pouring alcohol over her head and threats to injure her pet.

Result:  Case was dismissed prior to trial.

STATE v. S.F.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.

Synopsis: Client was charged with Domestic Violence Assault against her boyfriend.  Dispute involved alcohol being consumed by both parties as well as a situation of mutual combat.  Only witnesses to the event were the victim and client.

Result:  Case was dismissed prior to trial.

STATE v. B.E.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client charged with Domestic Violence Assault following a 911 call from his wife to the local police.  Client’s wife later recanted and decided not to cooperate with the DA’s prosecution of the case.

Result:  Case was placed on deferred disposition for a period of one year and was later dismissed following the deferment period.

STATE v. M.D.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client was charged with Domestic Violence Assault following a 911 call from his wife to the local police.  Client vehemently denied the charge and refused to make any admissions to the contrary to the police.  We obtained a copy of the 911 call and were able to convince the DA that the victim made up the entire altercation in order to gain leverage in a custody dispute.

Result:  Case was filed for a period of one year and a filing fee of $300.  The case was later dismissed following the filing period.

STATE v. A.D.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client charged with Domestic Violence Assault following an altercation at a local bar.  The only witness was the girlfriend who initially wanted to pursue charges but later recanted.

Result:  Case was dismissed prior to trial.

STATE v. T.T.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client charged with Domestic Violence Assault following a 911 call from his girlfriend to the local police.  The allegations included conduct such as shoving the girlfriend, threatening her, pouring alcohol over her head and threats to injure her pet.

Result:  Case was dismissed prior to trial.

STATE v. C.C.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Maximum fine of $2,000.00.

Synopsis: Client was charged with Domestic Violence Assault against her husband.  Client was on a number of prescription medications, all of which indicated that she shouldn’t consume alcohol with her meds.  Client’s medications had only recently been changed with respect to quantity and dosage and it was unclear whether the change in prescription played a role in her behavior or if the issue was mixing alcohol with the medications.

Result:  Case was dismissed at arraignment.

STATE v. M.A.

Offense: Domestic Violence Assault

Maximum Sentence: 1 year prison and two years probation.  Future federal prohibition against owning, possessing or using a firearm if convicted.

Synopsis: Client charged with Domestic Violence Assault following a 911 call from his girlfriend to the local police.  The allegations included conduct such as shoving the girlfriend, threatening her, pouring alcohol over her head and threats to injure her pet.

Result:  Case was dismissed prior to trial.

STATE v. D.C.

Offense: DV Assault, DV Criminal Threatening, Criminal Mischief, Violation of Bail Conditions

Maximum Sentence: 364 days jail on the two DV charges and a jail sentence of 180 days on the Criminal Mischief charge. Total maximum fines of $6,000.00. Total jail exposure of 3 years.

Synopsis: Client got into a heated argument with her significant other. Items in the home were broken and there was an allegation that the victim was cut with a piece of glass. Ultimately, the victim was not interested in pursuing the charges and cooperated with the defense.

Result: Client pled guilty to the charge of Criminal Mischief for a fine of $300.00. The remaining domestic violence and VCR charges were dismissed. Client was a professional and a conviction for domestic violence would have resulted in disciplinary action by her professional oversite board.

State vs. J.F.

DV Assault, DV Terrorizing, DV Terrorizing with a deadly weapon (handgun) and obstructing a 911 phone call.  If convicted, the client was facing up to 8 years in prison.  Allegation is that the D, a former Navy Seal, beat his girlfriend up, dragged her about the house by her hair and tried to choke her.  It was also alleged that he placed a gun to her head and threatened to blow her brains out.  Jury acquitted after 3 days of deliberation.  Key was the total lack of injuries as well as a self-defense instruction that was granted by the judge.  Theory was that the victim was the actual aggressor, that she assaulted the D and ultimately grabbed the gun and threatened to shoot him.  Defendant was entitled to use the necessary force to disarm her.  The jury did not find the victim to be credible.

State v. J.S.A.

Client was accused of Domestic Violence Assault and Domestic Violence Terrorizing.  If convicted, client was facing up to 2 years in prison and 2 years of probation.  Allegation was that the client physically assaulted his wife and threatened to kill her.  There were no visible marks on the “victim” and there was motivation for her to lie due to a pending divorce action.  During the pendency of trial, the “victim” called the client numerous times and actually threatened to get him into additional trouble if he didn’t do what she wanted him to do.  We presented the tape to the DA on the day of jury selection and told him of our intention to introduce it into evidence.  The DA dismissed all charges.

STATE v. E.R.

Offense: Civil Possession of Marijuana and OUI

Maximum Sentence: Fine of $400.00 for the marijuana charge and a maximum penalty of 1 year jail and a fine of $2,000.00 on the OUI.

Synopsis: Client was stopped for a speeding infraction and was ultimately arrested on suspicion of OUI.  Client’s vehicle was searched incident to arrest.  Police relied on the old Belton v. NY rule concerning searches of motor vehicles.  At a suppression hearing, the court ruled that the new search rule of Arizona v. Gant controlled, which resulted in suppression of the marijuana.

Result:  The marijuana charge was dismissed and the client pled guilty to Driving to Endanger

STATE v. C.R.

Offense: Stealing Prescription Drugs

Maximum Sentence: 5 years prison and a fine of $5,000.00 as well as a term of probation.

Synopsis: Client was a store manager of a large chain pharmacy.  Over the period of a few months, Vicodin and Oxycodone began disappearing from the pharmacy.  Suspicion was ultimately laid at the feet of the client who was immediately terminated from his position, prior to the institutions of any charges.  After a thorough review of the discovery provided, we prepared the case for trial.  The State’s case had numerous proof problems that were ultimately brought to the attention of the DA.

Result:  Case was filed for a period of 6 months and later dismissed.  Client was able to rebuild his life and career as a result.

State v. B.P.

Defendant faced a myriad of drug charges, including trafficking in crack cocaine charges.  He was facing up to 35 years in prison on all the charges if convicted.  We placed the client into an intensive in-patient drug treatment facility where he spent six (6) months getting his drug habit under control and an additional three (3) months in aftercare.  Client pled guilty to possession of scheduled drugs with a sentence that included no jail and probation.  This was due in large part to the strength of a motion to suppress illegally obtained evidence that was pending in Superior Court as well as the tremendous personal work the client did on himself while in drug treatment.

State v. E.R.

Client was charged with possession of a useable amount of marijuana.  Issue in the case turned on whether the search and seizure of his vehicle complied with US Supreme Court law in Arizona v. Gant.  Court granted the motion to suppress finding that the search was unlawful and thus suppressed any evidence of marijuana.  The case was dismissed as a result.

State v. J.W.

Client was charged with Unlawful Trafficking in Scheduled Drugs, which was a class C felony and carried a possible penalty of up to 5 years in prison.  Allegation was that the client was stopped while coming across the Maine border for speeding.  During the stop, the Trooper told the client that he could smell marijuana coming from the vehicle and told him he had probable cause to search his car.  Trooper searched his car and found marijuana, a scale, baggies and $5,000.00 cash.  Prior to trial, we argued that the search was illegal and unsupported by probable cause.  DA agreed to dismiss the charges and client admitted to a civil offense of possession of marijuana.  Client was a professional and a criminal conviction could have resulted in termination, which in turn would have resulted in being barred from his chosen field of work.

STATE v. J.U.

Offense: Federal Termination of Supervised Release

Maximum Sentence: 2 years federal prison with supervised release to continue.

Synopsis: Client was initially placed on supervised release following a 2007 federal drug trafficking charge.  Client had numerous violations of his supervised release and had been incarcerated for periods of time ranging from 30 days to 14 months as a result of his continued drug use.  US Attorney requested that the maximum sentence of 2 years be imposed.

Result:  We successfully argued that the new conduct wasn’t criminal in nature and amounted to drug use by a drug addict and the absolute minimum sentence of 5 months with supervised release to terminate be imposed.  Federal Judge agreed with the sentencing recommendation following extensive argument by the defense.

United States v. B.D.

Charge was that the client was trafficking in 1000KG or more of marijuana.  Client was facing a mandatory minimum 10-year prison sentence due to his prior drug conviction record.  We were able to successfully argue a lesser sentence of 6.5 years based on the client’s level of cooperation as well as grounds for additional departure beyond what the government recommended.

State v. J.D.

Client was charged with Kidnapping, which is a class A felony, Aggravated Criminal Trespass (Class C felony), and Domestic Violence Terrorizing.  If convicted, the client would have faced up to 30 years in prison.  The allegation is that the client broke into his girlfriend’s mother’s home and abducted the girlfriend by forcing her into his car against his will.  Initially, bail was set at $50,000.00 cash which we were able to get reduced to $5,000.00 following a bail argument.  The girlfriend and her mother had major credibility issues and through the use of a private investigator, we were able to get the “victim” to recant all of her previous statements.  As a result, we were able to negotiate a plea to a single misdemeanor charge of terrorizing in exchange for dismissal of all the felony charges.

STATE v. J.S.

Offense: Burglary

Maximum Sentence: 10 years prison and a fine of $20,000.00 as well as a term of probation.

Synopsis: Client and a co-defendant were accused of breaking into local homes in order to steal cash, drugs and alcohol.  Client was a recent high school graduate with no criminal history but a newly documented drug and alcohol problem.

Result:  Case was placed on deferred disposition for a period of one year.  After one year, the felony was dismissed and the client pled guilty to misdemeanor theft for a fine.

State v. A.B.

Client was charged with a single count of Aggravated Criminal Mischief.  The allegation was that the client was arrested for public intoxication.  However, he was so drunk that he fell and sustained injuries.  He was transported to a local hospital for medical attention.  During the transport, the client regained consciousness and became violent, kicking and ultimately breaking expensive medical equipment in the ambulance.  Client was facing up to 5 years in prison if convicted of the crime.  I was able to successfully argue that the client’s state of mind did not equate to the reckless state the statute required.  The DA relented and ultimately dismissed the case.

STATE v. J.V.

Offense: Gross Sexual Assault

Maximum Sentence: 30 years prison as well as mandatory registration for the Sexual Offender Registry.

Synopsis: Victim waited more than 6 months to bring this to the attention of the authorities.  Private investigation revealed inconsistencies in victim’s statement.  Client made some damaging admissions during a taped interview.

Result:  Client pled guilty to Unlawful Sexual Touching, which is a misdemeanor for a sentence of 90 days jail and 1 year probation.  Client avoided a felony conviction as well as any concern about running afoul of SORNA.

STATE V. T.K.

Offense: Theft (shoplifting)

Maximum Sentence: 180 days jail and a fine of $1,000.00.

Synopsis: Client was arrested for shoplifting at a local department store.  Client was observed by the store’s loss prevention officers in person and on camera removing items from the packaging and secreting those items in her purse.  Client admitted to stealing the items and agreed to make full restitution.

Result: Client was placed on a deferred disposition for a period of one year and was ordered to complete 60 hours of community service.  At the end of the deferred disposition period, the case would be dismissed and she would have no criminal record.  This was an excellent resolution and was driven in part due to the client’s professional licensing issues as well as the fact that the client had no prior criminal history.

STATE v. J.C.

Offense: Theft

Maximum Sentence: 6 months jail and a maximum fine of $1,000.00.

Synopsis: Client was caught shoplifting at a local store in Cumberland County.  Client’s conduct was caught on surveillance video.  Initial offer was to plead guilty for a fine of $250.00

Result:  Client was placed on deferred disposition and the case was later dismissed.

STATE v. B.G.

Offense: Theft

Maximum Sentence: 6 months jail and a maximum fine of $1,000.00.

Synopsis: Client was charged with shoplifting food from a local supermarket.  Client was a very young man who was homeless and hungry.

Result:  Case was dismissed following discussions with the DA at arraignment.

STATE v. J.G.

Offense: Felony Theft

Maximum Sentence: 5 years prison and probation.

Synopsis: Client was charged with embezzling more than $5,000.00 from her employer over a period of time.  Client had previously been charged with a felony within the past 10 years that had been dropped down to a misdemeanor.  Previous conduct was similar in that included embezzlement of more than $25,000.00 from her employer.  In this case, the District Attorney had damning evidence that she committed the crime and the client made subsequent admissions to law enforcement regarding her role in stealing from her employer.

Result:  District Attorney was adamant that the client serve a minimum of one year prison due to her prior history and the “break” she’d been previously given.  We were able to negotiate a no-jail outcome that included a term of 2 years probation.

STATE v. J.R.

Offense: Reckless Conduct, Driving to Endanger and Criminal Threatening

Maximum Sentence: 2.5 years prison and a fine of $5,000.00.

Synopsis: Client allegedly tail gated a car occupied by two women and two infant children.  During the time he allegedly tailgated the women, he followed throughout Portland while screaming obscenities at them.  Victims allegedly “shook his tail”.  However, client allegedly located the victims and drove straight at them, smashing garbage cans on a sidewalk with his truck and swerving at the last minute to avoid crashing into them.  Victims called 911 and reported the client’s actions.

Result:  Client was in the midst of obtaining an advanced professional degree and had sterling criminal and motor vehicle history.  Client vehemently denied the conduct.  Client was prepared for trial and we apprised the District Attorney of our willingness to try the case before a jury.  Client was placed on deferred disposition for a period of one year following a judicial conference on the merits of the case.  After the deferment period the case was dismissed.

State v. T.T.

Maximum Sentence: 45 years prison & $45,000.00 fine

Charges included Reckless Conduct with a Deadly Weapon (motor vehicle) and Aggravated Assault (4 counts). Client was accused of playing “chicken” with his car. As a result, 4 people were suffered serious, life threatening injuries. Client was facing up to 45 years in prison if convicted on all counts. The client was indicted four years after the alleged incident. Most of the witnesses and victims had memory problems and the most damaging evidence in the case consisted of a poorly drafted accident reconstruction report filed by Sheriff’s Department. We filed a Motion in Limine and Motion for Discovery Sanctions to exclude the accident report filed in the case on the grounds that the underlying data for the report had been lost or destroyed and therefore, we couldn’t determine if the conclusions made by the State’s expert was based on erroneous information. Following a contentious hearing, the Court agreed and ruled that the accident report could not come into evidence for any purpose. Following the ruling, the DA offered a no-jail plea to a misdemeanor conviction for Driving to Endanger, which the client accepted.