Legal Question in Criminal Law in Maine

Re: criminal

A judge can say whatever he/she wants, but that kind of question would generally only come up at trial where the Defendant has a choice of a jury or a judge to decide the facts of the case. Possession is a question of fact and judges or juries are allowed to use their common sense and life experience in evaluating the evidence in front of them to decide whether possession (within the meaning of the law) occurred. If you chose a trial by a judge and if after hearing the evidence that judge decided that there was possession, you may be able to appeal that finding if the judge was way out of line. But if the judge merely gave his opinion about the case and you still have your right to a trial by jury, then it doesn't matter what the judge said.

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