Many people are unaware that it is a criminal offense in Maine to make a false report of an emergency that causes public alarm. Even those who are aware of the offense are sometimes surprised by the severity of the consequences of a conviction.

If found guilty of the offense of “false public alarm or report,” not only will you carry a criminal record for the rest of your life but you can also face lengthy jail terms and hefty fines.

Let’s take a closer look at what constitutes this offense, including some recent examples in Maine, along with an overview of the defenses that can be used to fight charges.

What is Considered a False Public Alarm or Report in Maine?

Knowingly providing false information to law enforcement or emergency services with the intent to induce them to believe a crime has been committed is a criminal offense in Maine.

The Maine Criminal Code says that a person is guilty of the offense of false public alarm or report if the person knowingly gives or causes to be given false information:

• To a law enforcement officer or an emergency communications center with the intent of inducing the officer or the emergency communications center, or any other emergency services personnel, to believe that a crime has been committed, knowing the information to be false.
• To a law enforcement officer, a member of a firefighting agency, including a volunteer fire department, an emergency communications center, or any other person knowing that the other person is likely to communicate the information to any of the above l concerning a fire, explosive, or other similar substance that is capable of endangering the safety of persons, knowing that the information is false, or knowing that the person has no information relating to the fire, explosive, or other similar substance.
• Concerning an emergency to an ambulance service, or any other emergency services personnel or a government agency or public utility that deals with emergencies involving danger to life or property, with the intent of inducing the service, personnel, agency, or utility to respond to the reported emergency, knowing the information to be false.  

Note that an “emergency communications center” means a state, county, or municipal government entity that receives calls by 9-1-1, business lines, radio, or other methods.

What is an aggravated false public alarm or report?

An aggravated false public alarm or report offense occurs when the person commits the above-described offenses while causing the evacuation, shutdown, or lockdown of a building, school, public square, park, place of assembly, or public transportation facility.

Penalties for Making a False Public Alarm or Report in Maine

The offense of making a false public alarm or report is currently a Class D (misdemeanor-level) crime in Maine, resulting in maximum penalties of:

• Up to 364 days of jail, and
• A fine of up to $2,000.

In aggravated cases, the offense is elevated to a Class C (felony-level) crime, which results in:

• Up to five years in prison, and
• A fine of up to $5,000.

With such life-changing penalties possible, it is essential to seek experienced criminal defense representation if you are charged with these offenses.

Examples of False Alarm Offenses: Swatting and School Threats

One of the most prominent examples of false alarm offenses in recent years in Maine has been false active shooter threats at schools.

On these occasions, false reports have triggered a lockdown, evacuation, or shutdown at a school or public place, with emergency personnel called to the scene and widespread panic created in the local community.

Ten schools received a fake active shooter report on one day alone in November 2022, triggering a massive police and emergency services response in several towns, from Sanford and Portland to Gardiner.

“Swatting” offenses, as they are known, may also involve a prank call about a hostage situation, with the intention of law enforcement sending a SWAT team or other officers to a targeted location.

Because of a spate of such “hoax” incidents, there were many calls for state lawmakers to increase the penalties for offenders, notably to raise Class D offenses to Class C. This prompted law changes in 2023 that introduced the aggravated version of the crime described above, which is a felony offense.

Legal Defenses Against False Public Alarm Charges in Maine

Public reaction against swatting offenses in Maine has helped to shape law enforcement responses to false public alarm charges. However, sometimes people are wrongly accused of the offense and make calls to emergency services in good faith, believing they are doing the right thing.

Criminal defense lawyers employ several legal strategies to contest such charges, including:

A mistake of fact

Intent must be proven by the prosecution for a conviction for a false public alarm or report offense. If the defendant did not have the intent to commit a crime because he/she misunderstood a particular fact—for instance, the defendant held a reasonable, good faith belief that an emergency was occurring—this defense can work.

There was a real emergency

If the prosecution asserts that the report of a false or fake emergency was made but the defense can show that there was a real emergency in progress when the call was made, this may be an effective defense.

The report did not claim an “emergency”

The understanding of an “emergency” can change from one individual or department to the next. If the defendant made a report but did not class the situation as an emergency, but it was interpreted as such by law enforcement, this may be a valid defense.

For experienced legal help and support with a charge of false public alarm or report, call the Maine Criminal Defense Group or contact us directly online for an initial case evaluation.

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If you are charged with a crime in Maine, going to trial is just one of the possible outcomes. In fact, around 90 percent of criminal cases in Maine are resolved with a plea deal, meaning that no trial is necessary. This saves precious court time and expenses, as well as a great deal of stress for the accused.

If your case does proceed to trial, it helps to know what to expect from the process. If you are charged with a crime, it also helps to understand what you can do to prevent the worst consequences of a conviction.

Both of these matters are addressed below.

Stages of the criminal process in Maine

Following a criminal investigation, arrest, and charge, the defendant must appear in court for the first time no later than 48 hours after arrest.

At an initial hearing for a misdemeanor (Class D or E) crime, which may be in person or via video, the judge will read the charges, provide a statement of rights, and you will enter a plea. With legal representation, your lawyer may even be able to send a letter to the court clerk entering a “not guilty” plea on your behalf and no appearance will be required.

In more serious cases (felonies), no charges will be read and no plea will be entered, but the court or a bail commissioner will decide the following:

• Set bail, or
• Detain the defendant until a further hearing

Depending on the nature of the crime, from this point until the trial, there may be a series of hearings as both sides prepare their cases. During this period, there may also be opportunities for the prosecution and defense attorneys to discuss plea negotiation, to prevent the case from going to trial.

What happens when a criminal case goes to trial in Maine?

Criminal trials in Maine proceed according to the Maine Rules of Unified Criminal Procedure. There are generally four stages to trials:

1. The prosecution and defense make opening statements, a non-adversarial stage where each side presents its version of the case to the jury. This will include comments on the key evidence the jury should consider when making their decision.
2. The longest stage of criminal trials is where the attorneys present documentary evidence and other supporting materials and cross-examine witnesses who “take the stand” to give oral evidence. The prosecutor will aim to establish the guilt of the defendant beyond a reasonable doubt and the defense counsel will attempt to expose inconsistencies or weaknesses in the prosecutor’s arguments to introduce “reasonable doubt”.
3. The attorneys close their arguments to the jury in closing statements that summarize the most important and favorable points that support their cases.
4. The judge instructs the jury on the law regarding the case and explicitly indicates what is expected during deliberation. The jury must decide the guilt or innocence of the accused based solely on the evidence provided.

Securing legal representation in Maine

The most essential step of the Maine criminal process for defendants—whether or not your case ends up at a trial—is to secure experienced legal representation.

As soon as possible after being accused of a crime, contact a criminal defense lawyer and exercise your right to remain silent. Do not try to prove your innocence to police officers, as anything you say can be used against you in court. Simply ask for a lawyer, as is your right.

If you have received a summons or been arrested, the police believe they have “probable cause” to charge you with a crime and the prosecutor at the DA’s office is likely to agree. The only place to fight your case is in court and anything you say before then may implicate you or weaken your case.

A criminal defense attorney will offer support, protect your rights, and help you navigate the Maine criminal justice system with more clarity. Without legal representation, your chances of avoiding a criminal conviction and lifelong consequences are greatly diminished.

What happens if you’re charged with a misdemeanor crime in Maine?

Misdemeanors, such as operating under the influence (OUI) and shoplifting, are handled differently from felonies like aggravated assault and burglary in Maine.

For misdemeanors, the defendant may enter a plea of guilty, not guilty, or no contest at the arraignment after consulting legal counsel.

If you plead guilty at the arraignment, you will be sentenced at that time. However, pleading not guilty, as is advisable, will mean that a future disposition (pretrial) conference is scheduled—often in 1–3 months. This conference, at which you will need to appear, should be considered an opportunity for your lawyer and the prosecutor to discuss a resolution of your case without going to trial.

What happens if you’re charged with a felony in Maine?

At the initial appearance for a felony charge (Class A, B, or C crime), no plea is entered by the defendant. Defendants must appear in person to hear the charges, confirm that they understand their Constitutional rights, and may apply for bail.

The clerk will provide a future date to return to court for an arraignment, following indictment from a grand jury (a group of citizens who listen to the testimony of witnesses and decide whether or not probable cause exists to charge you with a felony).

The indictment is the formal charging document, after which the defendant must return to court to hear the charges and enter a plea at the arraignment.

When will my Miranda rights be read to me by police in Maine?

Miranda rights are a verbal list of rights that law enforcement officers must read to detainees in certain circumstances when they are being investigated for a crime.

These rights include the right to remain silent, the understanding that anything said can be used against them in court, the right to consult with an attorney before and during questioning, and the right to have an attorney appointed if they cannot afford one.

For an individual to qualify for Miranda rights to be read, he/she must be held in custody AND be subject to interrogation. In many cases, it is not clear whether either of these conditions apply and mistakes are made on both sides.

Investigating officers often reassure suspects that they are free to leave at any time, hinting that they are not in custody so that Miranda rights do not come into play.

Should I speak to a police officer if I am under investigation for a crime in Maine?

As a general rule, remaining silent until you have spoken to a criminal defense lawyer is a wise move at almost any stage of a criminal investigation, whether or not your Miranda rights have been read to you.

The police have a job to do, and that job does not include protecting your interests or rights. They want to gather evidence to charge and convict you or obtain a confession. Other than identifying yourself, which is a legal obligation if you are suspected of criminal activity, you generally do not have to say much at all to law enforcement until you speak with a criminal defense lawyer.

Politely refuse to answer questions and request the opportunity to speak with an attorney before discussing anything with law enforcement.

For experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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A conviction for an OUI in Maine is accompanied by serious consequences, including heavy financial repercussions.

Understanding the court-imposed fines is one thing, but the financial consequences can extend well beyond these costs.

In fact, the penalties associated with an OUI can amount to over $10,000. While these costs can be minimized with the help of a seasoned OUI lawyer, it helps to know what you could be liable for.

Consequences of an OUI in Maine

An OUI conviction in Maine—even for a first offense—can result in hefty fines and mandatory jail time if aggravating factors are present (high Blood Alcohol Concentration or refusal to provide a breath sample, for instance).

As well as mandatory jail time, aggravating factors can result in a felony record (which can affect employment), an extended license suspension, higher fines/fees, mandatory substance abuse treatment, travel restrictions (especially to Canada), and potential professional license implications.

Financial impact of a Maine OUI

The cost of an OUI in Maine can be a huge financial burden, especially if it affects your employment.

Court-ordered fees and fines (with surcharges), plus the long-term financial consequences, add up quickly unless you successfully fight the charges against you.

As well as the court-imposed fines, license suspensions, and license reinstatement costs, you can expect your insurance premiums to increase to $2,000-3,000 annually.

You will also need to fund the costs of any court-ordered treatment and rehabilitation programs, such as the mandatory DEEP weekend program, which costs $300.

The Ignition Interlock Device program is also a major financial commitment. More about this and other additional costs below.

Professional consequences of a Maine OUI

The financial impact of a Maine OUI conviction may also be connected to professional consequences, in some cases. A conviction can create permanent obstacles to pursuing or advancing certain careers:

• An OUI can lead to a permanent criminal record with no expungement option available, meaning that the record of the conviction will always appear in background checks conducted by employers.
• Difficulty obtaining professional licenses: certain professions require a clean criminal history before a license will be issued, especially those that require public trust, involve the operation of vehicles, or are federally regulated. Those seeking licenses for a medical profession (nurses, physicians, dentists), accountants, attorneys, commercial drivers, and pilots can all be affected.
• Reduced employment opportunities: even if you don’t lose your job due to an OUI, having to admit to a criminal record can limit future employment opportunities when applying for positions.

Travel restrictions may affect employment: if the OUI itself doesn’t hamper employment opportunities, the associated travel restrictions from the license suspension might.

Fines and suspensions

The most obvious financial repercussion from an OUI conviction in Maine is the fines you will have to pay. Don’t forget that criminal penalties apply to breath test refusals as well as OUI convictions. In fact, as you will see below, the penalties for refusal are even harsher than for standard OUIs.

Maine has a “look-back” period of ten years for prior convictions, meaning that any prior OUI conviction in the last ten years will factor into the consequences. This can lead to increased fines and license suspensions, as well as jail time in some instances:

• First OUI offense
  • $500 minimum fine and a minimum 150-day license suspension.
  • First-time offense with a refusal: minimum $600 fine, minimum 150-day court-imposed suspension, minimum 275-day administrative suspension.
• Second OUI offense
  • $700 fine and a mandatory three-year license suspension.
  • Second-time offense with a refusal: minimum $900 fine and a mandatory court-imposed three-year suspension, and an 18-month administrative suspension.
• Third OUI offense
  • Minimum $1,100 fine and a mandatory six-year license suspension.
  • Third-time offense with a refusal: minimum $1,400 fine, a mandatory six-year court-imposed suspension.
• Fourth OUI offense
  • Minimum $2,100 fine and a mandatory eight-year license suspension.
  • Fourth-time offense with a refusal: minimum $2,500 fine, and a mandatory eight-year suspension.

License, transportation, and other costs associated with an OUI

During the lengthy license suspension periods outlined above (e.g., eight years for a fourth OUI offense), the transportation costs incurred can mount up and become a real financial burden.

After the suspension period has been served, OUI offenders must also pay the license reinstatement fee of $50-$100.

Plenty of other hidden costs may continue to contribute to the financial impact of an OUI. Depending on the circumstances of the case, these may include:

• Alternative sentencing program fees ($185-$500, depending on county).
• Fees for mandatory substance abuse treatment.
• Higher interest rates on loans.

These fees may all come into play even before we consider the legal representation fees applicable if you contest the charges, as is generally advisable.

Maine’s OUI Ignition Interlock Device costs

Some first-time and repeat offenders in Maine can get their licenses back sooner if they install an Ignition Interlock Device in their vehicle. This acts as an in-car breathalyzer that locks the engine if any alcohol is detected on the breath.

Drivers must have completed alcohol school and paid the license reinstatement fee to qualify for the program. While this permits driving before the full suspension period ends, it also increases the costs of an OUI. Some of the associated costs include:

• An $80 installation fee (at a service center approved by the Maine Secretary of State)
• Monthly rental of $65/month
• $40 to remove the device

Individuals who earn less than 150 percent of the Federal Poverty Level can get the IID for half price, but the financial commitment can be significant.

As you have seen, an OUI conviction in Maine will result in a growing financial impact with many possibilities for  additional costs. The total costs of an OUI can easily surpass $10,000 and the financial repercussions can still affect a driver 5-10 years after the OUI conviction.

The best way to avoid having to pay these extra costs is to avoid a conviction in the first place.

For experienced legal help with any OUI charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation..

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This is one of the most common misconceptions in criminal law and one that can lead to serious confusion or false hope. You may have heard someone say, “If the victim doesn’t want to press charges, the case gets dropped.” While that might sound logical, it’s not how the criminal justice system actually works in Florida or anywhere in the United States.

Who Really Brings the Charges?

In criminal cases, the state is the one that files the charges. Specifically, in Florida, it’s the Office of the State Attorney that decides whether to file, pursue, reduce, or dismiss charges. This means that even if the alleged victim wants to drop the case, prosecutors can move forward with or without their cooperation if they believe they have enough evidence.

Why? Because crimes are considered offenses against the state, not just the individual. Once law enforcement gets involved, and especially once an arrest is made, the case belongs to the prosecution.

When the Victim Doesn’t Want to Cooperate

That said, an uncooperative or recanting victim can influence a case, but it doesn’t automatically end it. Here’s what can happen:

The victim refuses to testify

The prosecution might still go forward using other evidence like 911 calls, police body cam footage, witness statements, or physical evidence.

The victim signs a “drop charges” affidavit: 

This doesn’t guarantee anything. It’s simply a request. Prosecutors may still proceed if they believe the case is in the public interest or if there’s a history of violence or repeat offenses.

The victim changes their story

If the new version contradicts earlier sworn statements or evidence, prosecutors might view that as less credible, or possibly as a result of pressure or intimidation. In domestic violence cases, this is particularly common and closely scrutinized.

Example

In domestic violence cases, one of the most frequent examples where this issue comes up, Florida has what’s known as a “pro-prosecution” policy. This means the State Attorney’s Office may pursue domestic violence charges even when the victim does not want to cooperate. In fact, prosecutors are often trained to assume that some victims may be afraid, coerced, or pressured into dropping the charges.

So, a person could still face trial, conviction, and sentencing, even jail time, without the victim ever testifying.

When Charges Can Be Dropped

There are situations where charges may be dropped, but it’s not just because the victim asks for it. A prosecutor might decide to drop a case if:

• There’s insufficient evidence to prove guilt beyond a reasonable doubt
• Key witnesses are unavailable or unwilling to testify, and their testimony is essential
• There were issues with how the evidence was obtained (like unlawful searches)
• The facts don’t support the elements of the crime

Having a skilled criminal defense attorney can also help challenge the evidence, file pretrial motions, or negotiate with prosecutors to have charges reduced or dismissed.

What You Should Do If You’re Facing Charges

If you’re facing criminal charges and the alleged victim doesn’t want to move forward, do not assume the case is over. You still need legal representation. The state has attorneys and investigators working to build a case; you need someone on your side doing the same. A good defense lawyer can:

• Evaluate the strength of the prosecution’s case
• Determine if the victim’s lack of cooperation weakens it significantly
• File motions to suppress evidence or statements
• Advocate for dismissal or reduced charges
• Represent your interests in court or plea negotiations
  

Contact a Criminal Defense Attorney Today

The idea that “the victim can drop the charges” is a persistent myth. While the victim’s wishes matter and can influence a case, they do not control the outcome. Once the state files charges, it’s up to the prosecutor to decide whether the case continues, not the victim.

If you’re dealing with criminal charges in Miami and unsure how the legal process will unfold, it’s important to get informed and protected. Russell A. Spatz of the Spatz Law Firm, P.L., in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.