- Criminal DefenseThe Boulos Law Firm was established over thirty years ago by James G. Boulos. He set out to build a practice which exclusively concentrated in the area of criminal defense. Today, it is one of the only firms in the State of Maine which concentrates solely in that area of the law.
- DUI/DWIMy final objective in establishing this site is to stress that your final choice regarding legal representation should be based on objective factors - not self-proclaimations that a particular lawyer is "Maine's OUI Specialist" or that another is "widely regarded as Maine's best attorney in the field of drunk driving defense".
- Sex CrimesHome release monitoring is available to inmates at county jails where a program for the same has been established. 30-A M.R.S.A. section 1659. This program allows inmates to serve the latter portion of their sentences at home, under restrictive conditions. An inmate must complete 1/3 of his or her sentence before participation is allowed. 30-A M.R.S.A. section 1659(2)(D). In order to be eligible, the inmate must be serving a sentence on a Class C, D or E crime, not involving a sexual assault; must meet a medium or minimum security classification; and must reside in a county where a home release monitoring program has been established. 30-A M.R.S.A. section 1659(2)(A) through (C-1). The inmate must request program participation in writing. 30-A M.R.S.A. section 1659(1). The sheriff must notify the sentencing court prior to releasing the inmate to home monitoring. Id. The court may withdraw the privilege at any time, with or without a hearing, although the court must first provide the sheriff with an opportunity to comment. Id.
- MisdemeanorsOrdinarily, sentences of incarceration for Class D and E Crimes must be served in the county jail, in the county where the crime was committed. 17-A M.R.S.A. section 1252(1)(A). Exceptions may be made for consecutive misdemeanor sentences that aggregate to more than 9 months and for county jail sentences that are either to precede or to follow sentences to the Department of Corrections. 17-A M.R.S.A. section 1252(7). In such exceptional cases, a sentencing judge may order that the entire aggregate sentence be served in the Department of Corrections. Id. For Class A, B and C crimes, unsuspended sentences of more than 9 months must be served in the Department of Corrections, the State's prison system. 17-A M.R.S.A. section 1252(1)(B)(2). If the unsuspended portion of a sentence on a Class A, B or C crime is 9 months or less, that portion of the sentence must be served in the county jail. 17-A M.R.S.A section 1252(1)(B)(1). If probation is revoked on a Class A, B or C crime, and the probationer is ordered to serve more than 9 months of the sentence for the violation, incarceration will take place in Department of Corrections custody. 17-A M.R.S.A. section 1206(9). If the revocation sentence in such a case is 9 months or less, the term will be served in the county jail. Id.
- Assault
- MurderEqually important, it legitimizes the founder's original belief that those who are charged with a criminal offense whether its a murder, a crime of violence, a property crime, a drug offense, or an OUI are generally better served when they are represented by lawyers who exclusively practice criminal law.
- Probation ViolationMaximum probation terms are extended for Class A, B and C sex crimes involving victims under age 12, as well as for those sentenced as repeat sexual assault offenders. 17-A M.R.S.A. section 1202. For certain felony offenses committed against a family or household member, probation terms are extended to 6 years for Class A, and 4 years for Class B and C crimes. Id. Also, if it is pled and proved that certain Class D or E crimes were committed against a family or household member, the offender may be sentenced to serve two years of probation in order to complete a certified "batterers' intervention program." 17-A M.R.S.A. section 1202(1-B). This extended period of probation must be terminated once the batterers' intervention program has been completed and at least one year of the probation term has been served, provided all other probation conditions have been met. Id. A sentence with probation may take either of two forms. It may be fully suspended with probation, or a portion of the sentence may be ordered to be served in incarceration and the remainder suspended with probation. 17-A M.R.S.A. sections 1152(2)(D), (2)(B), 1203-C and 1203. The latter form is referred to as a "split sentence." Id. Probation is an available sentencing option for nearly all felony offenses. Probation is not available for murder or for those cases in which the court finds that ordering probation would diminish the gravity of the offense. 17-A M.R.S.A. section 1201(A) and (D). Probation is no longer available for most Class D and E offenses. In 2004, the Maine Legislature limited probation for Class D and E crimes to a handful of offenses. At that time, the Legislature created the alternative sentencing options of deferred disposition and administrative release (discussed below). Probation for Class D and E crimes is now restricted to the following: (1) certain Class D crimes committed against a family or household member; (2) certain Class D and E sex offenses; (3) most forms of indecent conduct; (4) patronizing prostitution of a person under age 18; (5) any Class D or E crime for which the parties reach a written agreement and the court makes a finding that the underlying criminal episode generated probable cause to believe the defendant committed a Class A, B or C crime, but only if the defendant has never before been convicted of murder or of a Class A, B or C crime and has never before been placed on misdemeanor probation under this particular mechanism; (6) the Class D crime of stalking; (7) any Class D drug offense involving a schedule W drug (which includes heroin, cocaine, barbiturates, amphetamines, LSD and "ecstasy"); and (8) OUI offenses where the driver has one prior OUI offense within 10 years of the instant conduct. 17-A M.R.S.A. section 1201(1)(A-1). Throughout the entire probation term, a probationer remains at risk of having any or all of the suspended portion of his or her sentence ordered served in incarceration for a probation violation. 17-A M.R.S.
- HomicideOUI is a Class D crime if the person charged has no more than one prior OUI offense within 10 years of the current charged conduct. 29-A M.R.S.A. section 2411(5)(A) and (B). For those in the following circumstances, OUI is a Class C charge: (1) the person charged has 2 or more prior Class D OUI offenses within 10 years of the current alleged conduct. 29-A M.R.S.A. section (5)(C) and (D); or (2) the offense would otherwise be Class D, but the person is charged in the current offense with having in fact caused serious bodily injury to another person while operating under the influence. 29-A M.R.S.A. section 2411(1-A)(D)(1) and (5)(D-1). OUI is a Class B crime in the following circumstances: (1) when it is committed within 10 years of a previous conviction under Maine law for a Class C OUI, 29-A M.R.S.A. sections 2411(1-A)(D)(2) and 5(D-2), 17-A M.R.S.A. section 9-A(3), State v. Stevens, 2007 ME 5, 912 A.2d 1229; (2) when it is committed within 10 years of a previous conviction in any jurisdiction of criminal homicide involving operation of a motor vehicle under the influence, 29-A M.R.S.A. sections 2411(1-A)(D)(2) and 5(D-2); or (3) when the person is charged in the current offense with having in fact caused the death of another person while operating under the influence. 29-A M.R.S.A. sections 2411(1-A)(D)(1-A) and 5(D-2). Class C OUI charges carry mandatory minimum jail terms of 6 months and court-ordered license suspensions of 6 years. 29-A M.R.S.A. section 2411(5)(D-1). Class B OUI offenses carry mandatory minimum jail terms of 6 months and court-ordered license suspensions of 10 years. 29-A M.R.S.A. section 2411(5)(D-2).
- Prostitution
- Land Use and Zoning