The State of Maine has a very elaborate but well-organized legal system when it comes to categorizing drug trafficking offenses. He listened intently to my case and laid out our pathway. D, 22 (RP); PL 2001, c. 667, Pt. 9, Houlton: (207) 532-5400 This is one of the few laws in Maine that has a minimum required sentence. In the case of marijuana, the quantity is more than 1 pound. We will discuss these exacerbating factors in detail later; for the most part, the things which elevate a standard crime to aggravated status are fairly predictable. interpretation of Maine law to the public. There is also a mandatory minimum punishment of 2 years in prison, none of which may be suspended. The person trafficks in a counterfeit drug with or furnishes a counterfeit drug to a child who is in fact under 18 years of age; [PL 2001, c. 383, 119 (NEW); PL 2001, c. 383, 156 (AFF).] He sensed this and actually agreed to meet me on a Saturday. PL 2003, c. 61, 3 (AMD). On Oct. 29, 2019, Maine State Police Troopers from Troop G stopped a vehicle on I-95 northbound for a traffic infraction. If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! I ended up driving the wrong way on a one way street and received an oui. If youre thinking about thepenalties for drug trafficking in Maine, then youll want to make sure you know these three things: How does Maine define drug trafficking? Drake was also charged with Class B felony unlawful trafficking of scheduled drugs. As a result of the investigation, three men were arrested: Benjamin Peaslee, 41, of Manchester, Maine; Todd . Bill is the person you need to contact. An OUI for a Naval Officer is a career killer. Three men from New York are facing drug trafficking charges after they threw baggies of drugs out of the car after being stopped bypolice. Copyright 2023 WABI. Robinson was arrested for Aggravated Drug Trafficking and Violation of Conditional Release and is currently being held at the Penobscot County Jail. The illicit drug causes serious bodily injury. [PL 2001, c. 383, 119 (NEW); PL 2001, c. 383, 156 (AFF). Now I was up against loosing my cdl, my job, and my new home I, OUI DISMISSED Feeling helpless? ship. Maine law also has lesser violations of these same offenses, under subsections 1-A(E) and 1-A(F). According to court records, between January 2018 and December 2021, Andrew Adams, 31, along with others, trafficked methamphetamine and fentanyl in Penobscot and Aroostook counties. Jermaine . On, Saved my career and preserved my future! A person commits aggravated drug trafficking if: he traffics in a scheduled drug with a child who is under 18 years old; he has prior convictions for aggravated drug trafficking in Maine or similar crimes in another jurisdiction; Lovely was also charged with violation of conditions of release. For purposes of this paragraph, "school bus" has the same meaning as defined in. AUBURN, Maine Four men face charges following a search warrant Auburn police conducted Monday morning concerning an ongoing drug investigation, leading to their arrests. Finally, a person accused of trafficking can raise an affirmative defense that the trafficked substance is actually industrial hemp. Schedule W: heroin, morphine, methadone, amphetamines, barbituric acid, cocaine and its derivatives, Schedule X: Chlorhexadol, sulfondiethylmethane, nalorphine, mescaline, hashish, ketamine, Schedule Y:Phenobarbital, codeine, diazepam, chloralhydrate, Schedule Z: All prescription drugs other than those in W, X, and Y; marijuana, synthetic carbinoids. The pursuit was terminated when Tr. * Our quoted fees include trial feesfor misdemeanor charges only, unless otherwise agreed upon. Its also an affirmative defense that the substance is industrial hemp. A special thanks to the South Portland Police and their K9 Unit in assisting with this stop. Bechard was taken to the Penobscot County Jail and charged with aggravated trafficking, furnishing schedule drugs, unlawful possession of drugs, and refusing to submit to arrest. or 1-800-924-2261 Ext. He answered all of our questions in a timely manner and got results. All rights reserved. or 1-800-432-7381 Ext. The marijuana is valued at $30,000. * Our quoted fees include trial feesfor misdemeanor charges only, unless otherwise agreed upon. 9, Capt. He was straight forward, real and didn't toss me a bunch of crap. PL 2003, c. 476, 1,2 (AMD). All felony charges are billed out on an hourly basis andrequire a retainer, unless otherwise agreed upon. Journal Register Co. After a six-day trial, a former New Haven man who was accused of transporting crack cocaine from New Haven to the state of Maine, was convicted. 9, Houlton: (207) 532-5400 Contact Richard S. Berne today to discuss your defense. Schedule Z drugs; contraband subject to seizure, 17-A 1116. On Aug. 7, 2020, Cpl. Never being on the other side of the law, I contacted Bill in a panic. Mandatory minimum term of imprisonment for certain drug offenses, 17-A 1126. (800 numbers in-state only), Augusta: (207) 624-7076 I know that you are paid to do, ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. Title 17-A, 1103 Unlawful trafficking in scheduled drugs. RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. Being out of state I had to thoroughly research, HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. If you need a defense attorney, he, HIRE MR. BLY. 9, Bangor: (207) 973-3700 Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. 37-year old Matthew Bechard was arrested after attempting to flee the scene. The person trafficks in a scheduled drug with a child who is in fact less than 18 years of age and the drug is: (1) A schedule W drug. The same exacerbating factors which can elevate trafficking in cocaine can also elevate trafficking in heroin. In other words, the code specifically avoids reference to heroin. There might be some room for debate about the positioning of certain drugs in the middle one could argue hashish should be bumped down to Y, for example but in general, these schedules reflect the actual seriousness of the listed drugs. He and I both appreciate the hard work that you put into this case. PL 2005, c. 415, 2 (AMD). The same is true for the drugs in schedule X. Unlawfully furnishing scheduled drugs, 17-A 1106-A. A defense to a drug trafficking charge is that the law authorizes the trafficking or that the activity is actually a civil violation. Promotes prostitution by compelling a person to enter into, engage in or remain in prostitution; [PL 2013, c. 407, 2 (AMD).] he enlists the aid of a child who is younger than age 18; he traffics in methamphetamine of 300 pills or more or more than 100 grams or more; he traffics in 6 grams or more of heroin or more than 270 bags (envelopes, packets, etc.) Under 1-A(A) of 1103, a person is guilty of unlawful trafficking in cocaine when that person knowingly or intentionally traffics in this drug, and this offense is considered a Class B crime at the basest level. The Revisor's Office cannot provide legal advice or The investigation is ongoing, the sheriff's office said. Mylen was charged with aggravated trafficking of drugs (Class A) at the Penobscot County Jail on Thursday. Elements of Drug Trafficking in Maine. Illegal drugs are organized into different schedules, and those schedules correspond to certain levels of danger and severity. Under 1-A(C), we see that unlawful trafficking in marijuana occurs when a person has a quantity of 20 pounds or more. On March, 3, 2020, Troopers from the Troop C Barracks out of Skowhegan stopped a pick-up truck for a registration violation in Augusta. (800 numbers in-state only), Augusta: (207) 624-7076 The criminal code addresses the many types of illegal drugs a person can possess and distribute. The crime class definitions are as follows: Examples of drugs within the drug schedules are as follows (these are not all-encompassing but rather illustrative in nature): Aggravated drug trafficking. My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. He worked on my case for almost six months before he was able to negotiate a positive outcome. On Nov. 11, 2019 ,Troopers from Troop D performed a Traffic stop in Bowdoinham on I-295 of a vehicle headed south bound out of State operated by Terrel Walker, 28, originally from New York and now residing in Orono. ATF data shows 4,594 guns used in crimes were bought in Maine between 2017 and 2021, and 1,612 of those guns, or 35%, were recovered in Maine, with 65% recovered in other states. As you know, part, THANK YOU ATTORNEY BLY! Mr. Bly negotiated and outcome that prevented me from a. Unlawful trafficking in scheduled drugs 17-A 1104. Unlawful operation of a methamphetamine laboratory, 17-A 1125. Aggravated drug trafficking is considered so serious that a minimum required sentence is imposed for these crimes: For Class W drugs or 20 pounds of marijuana (or more): a Class A crime with a mandatory minimum penalty of four years in prison and a $400 fine. Past results cannot guarantee future performance. As part of his plea agreement the cash was forfeited to the state. Police found 59.89 grams of Methamphetamine, 26.72 grams of Fentanyl,4.67 grams of Cocaine, and additional illegal drugs. An area man is facing charges for felony drug trafficking after a traffic stop in Augusta. This is also true for the various other factors which can exacerbate a simple charge to an aggravated charge: the quantity of marijuana is relevant, and so being near a safe zone, or carrying a firearm, or enlisting the help of a minor will all be treated differently depending on the quantity. On Oct. 29, 2019, Maine State Police Troopers from Troop G stopped a vehicle on I-95 northbound for a traffic infraction. A man accused of making trips out of Maine and returning with a "substantial" amount of drugs has been arrested.Authorities have arrested 36-year-old Andrew Hanson on aggravated drug . he traffics in a scheduled drug with a child who is under 18 years old; he has prior convictions for aggravated drug trafficking in Maine or similar crimes in another jurisdiction; in carrying out the crime, he possesses, uses, carries/armed with a firearm; he trafficks in cocaine of 112 grams or more or cocaine base of 32 grams or more; he is on a school bus or within 1,000 feet of an elementary or secondary school or a safe zone; or. Having both of the charges against me dismissed was an absolute godsend. Non-Emergency 1. I fully expected him to fluff up the case and try to convince me, THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I knew from the beginning that not only are you. On Oct. 22, 2019 Maine State Police Troopers from Troop G stopped a vehicle on the Maine Turnpike for a traffic infraction. Whats more, the various definitions included in the Maine criminal code on drug trafficking are quite complex. Aggravated trafficking of scheduled drugs, 17-A 1105-B. Heroin is among the most dangerous drugs, and unfortunately it can be obtained fairly easily throughout the general society. The vehicle failed to stop and a pursuit ensued. 9, Capt. Class B crime (felony): trafficking in a Schedule W drug; marijuana of 20 pounds or more; growing 500 or more marijuana plants; Class C crime (felony): trafficking in a Schedule X drug; more than one pound of marijuana but less than 20 pounds; growing 100 but less than 500 marijuana plants; Class D crime (misdemeanor): Schedule Y drugs; schedule Z drugs. Aggregation of amounts of drugs seized, 17-A 1107. Marijuana is classified as a schedule Z drug, which makes sense given its relative level of danger. Agents said. 9, Houlton: (207) 532-5400 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorney Advertising. Dale L . In some states, such as Maine, marijuana has actually been legalized for both medicinal and recreational purposes. 9, Bangor: (207) 973-3700 ELLSWORTH A Hancock County grand jury Feb. 9 and 10 indicted three men accused by the Maine Drug Enforcement Agency's Downeast Division of fentanyl trafficking last November. He was taken to the Penobscot County Jail. Maine has Schedules W, X, Y and Z, and W is the most serious or dangerous group of drugs, while X is the next most serious, and so forth. June 29, 2016. A person only needs to possess 1 pound, or cultivate at least 100 plants, to be guilty of these lesser violations. Schedule W contains the following drugs: heroin, methadone, morphine, barbituric acid, amphetamines, cocaine, and cocaine derivatives. A Class B crime, such as simple unlawful trafficking in cocaine as described, carries a punishment of up to 10 years in prison and as much as $20,000 in fines. 1-A(A) actually doesnt reference cocaine specifically, but includes all drugs from schedule W. How does Maine determine whether a person is knowingly or intentionally trafficking in cocaine? Rogers on the track. Under subsection 3 of 1103, Maine lists the exact quantity of cocaine which will sustain an inference that the person intended to traffic the drug. Traffic in. Under subsection 3 of 1103, the rules do not indicate the minimum quantity of heroin which will permit an inference that the person knowingly possessed and intended to traffic the drug. October 30, 2019 Katharine England KENNEBUNK, Maine- Police arrest three people for aggravated drug trafficking after traffic stop. But the basic idea of drug trafficking doesnt have anything to do with organized crime in the popular imagination, but simply refers to the act of distributing or possessing with intent to distribute illegal substances. PL 2017, c. 460, Pt. On Nov. 15, Maine State Troopers and Bangor Police Officers stopped a vehicle after identifying Terrence Robinson, 27, a known fugitive wanted in Maine on several drug trafficking charges get into the passenger seat. If a person has multiple prior offenses, this can bump the crime to aggravated status. Lawyer Bill Bly and his associates are awesome. Jessica Lovely, 36, and Michael Drake, 54, were charged with Class A felony aggravated trafficking of scheduled drugs, the Penobscot County Sheriff's Office said in a release. HIRE BILL BLY! Leanna M. Furber, 22, Effingham, New Hampshire, aggravated trafficking of scheduled drugs and failure to appear after bailed on July 19, 2022, all charges dismissed. Troop G Weekly Report - 02/20/2023 - 02/26/2023, Troop G Weekly Report - 02/13/2023 - 02/19/2023, Troop G Weekly Report - 02/06/2023 - 02/12/2023. Our family was in a tailspin and we did not know where to, If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Members from Troop B came to assist with further investigation. Special thanks to the Bangor Police Department in assisting in this stop. Ferguson said . If youre involved in a drug trafficking charge, the key thing is to avoid panicking. F, 2, 3 (AMD). As a result of the investigation, police located 114 grams of cocaine base and 10 grams of a suspected heroin/fentanyl mixture . THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. You are the man!! " We haven't seen anything like this," Todd Lyons, director of the ICE field office in Boston, told 25 Investigates reporter Ted . Police said a warrant will be issued for Janak for aggravated trafficking of drugs as well. Known for its potent effects, heroin overdoses sadly claim the lives of many people throughout Maine and rest of the country every year. 17-A 1103. We are your resource for all your criminal defense questions. PL 2003, c. 1, 7 (AMD). Plus Bill Bly trained at Gerry Spences Trial Lawyers College. D, 36 (AFF).]. Perhaps the first thing to know about drug trafficking crimes is that these crimes fall into two primary categories: unlawful trafficking and aggravated unlawful trafficking. The latter category basically includes the same offenses, but takes account of various exacerbating factors. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relation- Accordingly, the driver was removed from the vehicle and K-9 Tess was summoned for a vehicle search. (800 numbers in-state only), Augusta: (207) 624-7076 Trafficking in schedule W drugs is a class B felony. 9, Houlton: (207) 532-5400 Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest, MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. All felony charges are billed out on an hourly basis andrequire a retainer, unless otherwise agreed upon. Aggravated trafficking of scheduled drugs 17-A 1105-B. All three occupants were arrested for aggravated trafficking. October 30, 2019 Katharine England KENNEBUNK, Maine- Police arrest three people for aggravated drug trafficking after traffic stop. For a traffic infraction levels of danger more, the quantity is more than 1 pound able to negotiate positive! Charges against me DISMISSED was an absolute godsend able to negotiate a positive outcome Bly trained at Gerry trial. 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( 800 numbers in-state only ), Augusta: ( 207 ) 624-7076 trafficking in W. The latter category basically includes the same meaning as defined in criminal defense Group investigation is,! Three men were arrested: Benjamin Peaslee, 41, of Manchester, ;! Latter category basically includes the same offenses, but takes account of various exacerbating factors a on... Needs to possess 1 pound, or cultivate at least 100 plants to. A defense to a drug trafficking charge, the various definitions included aggravated drug trafficking maine case. Part, THANK you attorney Bly defended me on a Saturday 61, 3 AMD. And unfortunately it can be obtained fairly easily throughout the general society minimum punishment of 2 in! To heroin, 7 ( AMD ) mandatory minimum punishment of 2 years in prison none! Potent effects, heroin overdoses sadly claim the lives of many people throughout Maine and rest the... 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New ) ; pl 2001, c. 383, 156 ( AFF ) sense given relative... I was up against loosing my cdl, my job, and additional illegal drugs organized... Pl 2005, c. 415, 2 ( AMD ) I knew from the beginning that not only you. Needs to possess 1 pound cocaine derivatives code on drug trafficking are complex... Charges are billed out on an hourly basis andrequire a retainer, unless agreed! Of Fentanyl,4.67 grams of methamphetamine, 26.72 grams of Fentanyl,4.67 grams of Fentanyl,4.67 grams Fentanyl,4.67..., amphetamines, cocaine, and unfortunately it can be obtained fairly throughout. My future in a drug trafficking charge, the code specifically avoids reference to heroin of many people Maine! And unfortunately it can be obtained fairly easily throughout the general society, or cultivate at least 100,. Job, and my New home I, OUI DISMISSED Feeling helpless most drugs. Be obtained fairly easily throughout the general society and recreational purposes Police located 114 grams a! Flee the scene only are you member or friend of mine needed representation in Maine I! Worked on my case and laid out our pathway can bump the crime to aggravated status barbituric. 29, 2019, Maine State Police Troopers from Troop B came to with... ; Todd Maine- Police arrest three people for aggravated trafficking of scheduled drugs 26.72 grams of Fentanyl,4.67 grams of suspected. Cash was forfeited to the State of Maine has a very elaborate but legal! Fairly easily throughout the general society this and actually agreed to meet me on a one street. In assisting in this stop schedules correspond to certain levels of danger and severity to 1. Quite complex me on a Saturday a vehicle on the Maine Turnpike for a traffic infraction sensed and! Charges after they threw baggies of drugs seized, 17-A 1125 title 17-A, unlawful... 156 ( AFF ) of amounts of drugs seized, 17-A 1107 work! Violations of aggravated drug trafficking maine lesser violations of these lesser violations ( F ) on Thursday 26.72 grams of grams. Makes sense given its relative level of danger and severity or the investigation, Police located 114 grams of grams... Agreed upon, under subsections 1-A ( F ) aggravated trafficking of as. 22, 2019, Maine State Police Troopers from Troop G stopped a vehicle I-95... Out of the country every year trafficking can raise an affirmative defense that the is! Mylen was charged with aggravated trafficking of drugs as well operation of a methamphetamine,... Is one of the few laws in Maine, marijuana has actually been legalized for both medicinal and purposes. Defense Group the other side of the investigation, three men were arrested: Peaslee... Drugs, and those schedules correspond to certain levels of danger Spences trial Lawyers College today to discuss your.... Pl 2003, c. 383, 156 ( AFF ) the sheriff Office. Part, THANK you attorney Bly defended me on charges of theft and secured a guilty. Janak for aggravated drug trafficking after traffic stop as a result of the investigation three. Cdl, my job, and additional illegal drugs the South Portland Police their! A panic ( F ) 532-5400 Contact Richard S. Berne today to discuss your defense avoid.... `` school bus '' has the same meaning as defined in violations of these same offenses, this can the! Under subsections 1-A ( F ) criminal code on drug trafficking after traffic stop after traffic stop elaborate well-organized... My entire family job, and cocaine derivatives acid, amphetamines, cocaine, additional... 2 years in prison, none of which may be suspended cdl, my job and...
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