Maine Criminal Defense Attorneys

At DearLegal, we connect you with experienced Maine criminal defense attorneys who navigate the Class A-E grading scheme, deferred disposition under 17-A M.R.S. § 1902, and Maine’s narrow record relief framework. Whether your case is in Cumberland County (Portland), Penobscot (Bangor), York, Kennebec (Augusta), or anywhere across Maine, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Maine State Police, county sheriffs, and city police (Portland, Bangor) use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Sixth Amendment right to counsel under Miranda.

Yes. Maine Class D misdemeanors carry up to 364 days in jail and $2,000 fines under 17-A M.R.S. § 1704. Filing/Deferred Disposition under 17-A M.R.S. § 1902 can result in dismissal upon successful completion of conditions. DV and OUI convictions trigger major collateral consequences.

State cases go through Maine Superior Court (felonies) or District Court (misdemeanors and lesser felonies under unified system reforms). Federal cases go to U.S. District Court for the District of Maine (Portland, Bangor) under the U.S. Sentencing Guidelines. Federal cases commonly involve I-95 drug trafficking, § 922(g) firearm cases, federal land/forest offenses, and federal fraud.

Maine plea agreements under M.R.U. Crim. P. 11 are negotiated between the District Attorney and defense. Pleas can include charge reductions, Deferred Disposition (17-A M.R.S. § 1902 — guilty plea but entry of judgment deferred), drug court entry, and stipulated sentence recommendations.

Maine is one of the few states without a general expungement statute — record relief is very limited. Class E misdemeanors can be sealed after 4 years under 15 M.R.S. § 2261 (with specific eligibility requirements). Juvenile records can be sealed under 15 M.R.S. § 3308. Pardons through the Governor are another (rare) pathway. Recent legislative proposals have considered expanding expungement.

Maine handles juveniles under 18 in juvenile court under 15 M.R.S. § 3001 et seq. Juvenile records are confidential and can be sealed under 15 M.R.S. § 3308. Bind-over to adult court for juveniles 12+ charged with murder or Class A/B offenses under 15 M.R.S. § 3101 — the bind-over hearing is the most consequential moment.

Maine OUI (Operating Under the Influence) under 29-A M.R.S. § 2411 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under 29-A M.R.S. § 2521 — refusal triggers automatic 275-day license suspension first offense. Mandatory IID for many offenses. Third OUI is a Class C felony.

Why Do You Need a Criminal Defense Attorney in Maine?

Maine grades crimes by class — Class A (up to 30 years), Class B (up to 10), Class C (up to 5), Class D (up to 364 days, misdemeanor), Class E (up to 6 months, misdemeanor) under 17-A M.R.S. § 1604. Murder is a separate Class A felony with mandatory 25 years to life (no death penalty — Maine abolished it in 1887, the first state to do so). Maine has no parole — sentences are determinate, served in full minus good-time credits. Maine legalized recreational marijuana in 2016 (Initiative Question 1, effective 2017) — adults 21+ may possess up to 2.5 oz of cannabis flower. Medical cannabis legalized in 1999. Maine is one of the few states without a general expungement statute — record relief is limited to sealed Class E misdemeanors after 4 years under 15 M.R.S. § 2261, and certain juvenile records under 15 M.R.S. § 3308. Maine District Attorneys plea-bargain extensively, and Maine has well-developed drug court, family treatment court, and veterans court programs.

When Do You Need a Criminal Defense Attorney in Maine?

Our network includes Maine criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Maine

From the moment you connect with a Maine criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to Maine State Police, sheriffs, or any officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Maine court date — warrants and bail forfeiture follow

Posting about the case on social media — Maine DAs subpoena platforms

Deleting messages or photos from your phone — Tampering With Evidence (17-A M.R.S. § 455) is a Class D crime

Accepting the DA’s first plea offer without exploring Deferred Disposition, drug court, or charge reduction

Talking to Maine State Police, sheriffs, or any officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Maine court date — warrants and bail forfeiture follow

Posting about the case on social media — Maine DAs subpoena platforms

Deleting messages or photos from your phone — Tampering With Evidence (17-A M.R.S. § 455) is a Class D crime

Accepting the DA’s first plea offer without exploring Deferred Disposition, drug court, or charge reduction

Common Maine Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Maine Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Maine work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Maine Rules of Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Maine Commission on Indigent Legal Services oversees indigent defense — Maine recently moved toward establishing a state public defender system.

What Can Your Maine Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss, speedy trial under M.R.U. Crim. P. 48 / 14 M.R.S. § 1101 (Maine has a constitutional speedy trial right), or DA nolle prosequi.

Charge Reduction

Reduction from felony class to lower felony class, or from felony to misdemeanor (Class C to Class D, etc.). Removal of mandatory minimum allegations.

Deferred Disposition / Filing

Deferred Disposition under 17-A M.R.S. § 1902 — guilty plea entered, entry of judgment deferred pending probation/conditions, dismissal upon successful completion. Filing (placing case on inactive docket) results in dismissal after specified period without new offenses.

Plea Agreement

Negotiated resolution under M.R.U. Crim. P. 11. Includes charge reductions, dismissed counts, recommended sentences, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Maine jury or judge. Maine criminal juries are 12 for felonies, 6-12 for misdemeanors depending on potential sentence, and must be unanimous (Me. Const. Art. I, § 7).

Post-Conviction Relief

Maine post-conviction review under 15 M.R.S. § 2128-2130 — 1-year filing window for many claims. Includes IAC, newly discovered evidence, constitutional violations.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Maine Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Maine?

When Do You Need a Criminal Defense Attorney in Maine?

Types of Criminal Defense Cases in Maine

Common Maine Criminal Defense Mistakes

How Much Do Maine Criminal Defense Attorneys Cost?

What Can Your Maine Criminal Defense Compensation Include?

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