Press & News - Maine Criminal Defense
Firefighter Proven Not Guilty! - 9/21/2009
BREAKING NEWS
-Portland, Maine
Craig Rawnsley was found not guilty today of 8 counts of sexual assault on a minor after a multi-day trial. After a hair-raising trial the twelve-person jury deliberated for almost a day before announcing that Mr. Rawnsley was not guilty. The trial team was led by Thomas Hallett, who, with the assistance of Attorney Molly Butler Bailey and Trial Assistants Athena Lane and Christy Marquis, did an outstanding job of vindicating Mr. Rawnsley. This vindication echoed powerfully through the court room as the jury forewoman repeated the words “not guilty” eight times in response to the clerk's question on each of the 8 counts.
Please view the following links for press and coverage of Mr. Rawnsley’s trial and the not guilty verdict.
http://www.wcsh6.com/news/local/story.aspx?storyid=109335&catid=2&provider=email
http://www.wmtw.com/news/21041533/detail.html?taf=port
Advantageous OUI/DUI plea bargain - 8/17/2009
-South Paris, Maine
Client was charged with a 1st Offense OUI. After being stopped for speeding the officer suspected he was drinking because he smelled stale alcohol in the vehicle, saw a cooler of beer and the client was "terse" and "flush" in the face. The officer removed the client from the vehicle and demanded he perform field sobriety tests. Upon completion of the tests the client was arrested and brought to the local PD for a test. He blew a .18% BAC.
The bad news is yet to come. The State filed a motion to amend the case to allege a second offense OUI because of a qualifying out-of-state conviction. A conviction now would destroy the client’s career and result in a 3 year driver's license suspension in Maine and the home state.
Ultimately, Attorney Whipple was able to argue to the DA’s office that the officer did not have the requisite reasonable articulable suspicion to demand field sobriety tests. The stale beer odor was not specifically associated to the client. The terse and flushed appearance was a result of an anxiety attack, not impairment. Ultimately, the OUI was dismissed and the client pled to a Driving to Endanger. This was huge for the client as he will not face an OUI suspension in his home state and it is likely the DTE will not be reported.
Indictiment - 8/14/2009
Portland, Maine
We look forward to assisting Mr. Theriault as he fights his way through the quagmire of the federal criminal court in Maine. Mr. Theriault was released on Personal Recognizance bail while awaiting his trial. Please read the following link for more information.
http://pressherald.mainetoday.com/story.php?id=276997&ac=PHnws
19 Year Old OUI/DUI Dismissed - 8/4/2009
-Bangor, Maine
A Client who lives in Michigan was visiting Maine while in college nearly 19 years ago. While here she was arrested for OUI. Client appeared for court; however, missed the trial date as Client returned home leaving the whole mess behind. About a year ago the client received a notice that the license in Client’s home state was suspended. Client had no choice but to contact a lawyer and fight the case in Maine.
Attorney Whipple was able to get the Warrant for the Client’s arrest recalled without the Client having to travel to Maine. As well, Whipple was instrumental in getting Client’s license reinstated in the home state.
Whipple won the case be pressing what is called a Motion to Suppress hearing at which he argued that the stop was illegal. The real issue in this 19 year old case, was that the arresting officer could not possibly remember the facts of the case. The suppression hearing established that too be true. The State did its best and tried to admit the police report into evidence in lieu of the Officer’s testimony.
Yesterday, after lengthy litigation the judge agreed with Whipple, and granted the Motion to Suppress, after which the case was dismissed.
Through it all, the Client never traveled to Maine. In fact, this result was accomplished with only minimal effort on the part of the client. If you have and old or new case in Maine please call us to see if we can help you too.
Judge finds that Sheriff's Deputy trespassed on man's property prior to shooting him in his own home - 7/29/2009
Portland, Maine
Yesterday the Court rendered important pre-trial rulings on the Motion to Suppress filed by The Hallett Law Firm on behalf of their client:
http://pressherald.mainetoday.com/story.php?id=273573&ac=PHnws
With the Court granting our Motion to Sever the two counts for trial, jury selection on Count I is scheduled to commence on August 3.
Serious Drug Trafficking Felony Charge Dismissed - 6/3/2009
Portland, Maine
A State Drug Prosecutor today agreed to dismiss Felony Aggravated Cocaine Trafficking charges against a client of The Hallett Law Firm. The dismissal came in the middle of a multiple day suppression hearing at which Attorneys Tom Hallett and David Weyrens challenged the seizure of 40+ grams of cocaine from a client following a search of his vehicle which involved at least 6 uniformed police officers from multiple departments and 4 plaincloths MDEA agents, as well as a 'drug sniffing' K9.
Attorney Hallett challenged the search as violating the client's rights under the 4th Amendment to the U.S. Constitution which prohibits unlawful searchs and seizures by the agents of the State. As the hearing progressed, serious questions emerged as to the legitimacy of the search in this case, and, as the cracks in the State's case came to light, and under pressure from the Court, the Prosecutor agreed to dismiss the case.
Had he been convicted, the client faced a minimum prison sentence of 4 years. Suffice to say the client was very pleased with the outcome.
Attorney Molly Butler Bailey Joins The Hallett Law Firm - 6/1/2009
The Hallett Law Firm is extremely pleased to announce that Attorney Molly Butler Bailey has agreed to join the firm as an Associate. Molly is a 2003 graduate of
Molly focuses her practice on the areas of criminal law and Guardian ad litem work. She is a member of the Maine Association for Criminal Defense Lawyers, the Maine Trial Lawyer’s Association and the Maine Guardian ad litem Institute. Molly is also a
Molly brings to the firm a passion for zealous advocacy on behalf of her clients. Her addition strengthens the firm's core area of practice, criminal defense, while expanding into Guardian ad litem and other family services work.
The firm is excited to have her on board.
Post-Conviction Review Successful - 5/28/2009
As a result of the Post-Conviction review litigation, Client withdrew his guilty plea and, because of the recognition that the conduct he had been punished for had no sexual component, he was actually removed from the Sex Offender Registry, which is no small feat. In addition, his probation sentence was reduced by one year in recognition of the illegal sentence.
The message is that even if you have already been convicted, if your constitutional rights have been violated, you may be entitled to relief.
Additionally, this case highlights the unjustness of the sex offender laws which have been passed in many
To read more go to:
http://www.economist.com/displayStory.cfm?story_id=14165460
Dramatic audiotape of police wrongdoing emerges in police shooting case - 4/17/2009
Portland, Maine -
The Hallett Law Firm this week filed a Notice of Claim against the Cumberland County Sheriff's Department on behalf of of a man who was shot three times by sheriff's deputies while standing in his own home. Tom Hallett this week released the Sheriff's Department's own audiotape recording of the incident which reveals that the deputies did not identify themselves as law enforcement while banging on the door in the dark of the night and yelling, "open up the door." They then proceeded to shoot the man through the windows of his own home. As a result of the shooting the client lost his right arm just below the shoulder, and will likely require a hip replacement.
The story garnered extensive media coverage this week, including this MPBN story:
http://www.mpbn.net/News/MaineNews/tabid/181/ctl/ViewItem/mid/1858/ItemId/10109/Default.aspx
Mike Whipple obtains drastic reduction of client's federal sentence - 2/12/2009
Bangor, Maine
In a post-conviction review action Mike Whipple established that his client was entitled to have his sentence nearly cut in half, sparing the client many extra months in federal prison. The relieved client was resentenced to the lesser sentence today, and the details are available at:
http://www.bangordailynews.com/detail/99412.html
The Hallett Law Firm Launches New Website - 5/7/2008
Portland, Maine
The Hallett Law Firm, a Portland, Maine-based personal injury and criminal defense firm, today announced the launch of a new website built to be a resource for Maine residents seeking legal representation. The site features legal information in the areas of personal injury, criminal defense, OUI, malpractice and school disciplinary hearings. The accessibility of a contact form and case initiation sheet on the website, make The Hallett Law Firm website a user-friendly portal for clients to begin their legal representation discovery.
