Faq

When a defendant is arrested, they are taken to a bail commissioner for evaluation. Bail commissioners are a system unique to Maine. The Bail commissioners are appointed by the court. The commissioners meet with the Defendant at the jail and evaluate their situation. Often a system called ODARA is used to evaluate the Defendant’s unique risk factors. If the commissioner decides that bail is appropriate, they will set the amount, and the Defendant pays a $60 dollar fee to the commissioner. Bail is almost always required to be in cash. Defendants held without bail are taken before a judge within a few days for a further bail review. A lawyer can assist with helping to present the best bail case. Under some circumstances, the court may allow the Defendant to post real estate. Under other circumstances, the court may require that the Defendant post the bail themselves rather than a “third party” such as a relative. Bail is reviewable and appealable.

For misdemeanor charges, the arraignment is the date for you to appear in court and enter a plea of guilty or not guilty. Your attorney can often send a letter entering a plea on your behalf and you will not need to appear in court.

For felony charges, you must be indicted before the case can proceed to arraignment. If you are arraigned, you and your attorney will likely need to appear in court to enter a plea.

For many charges, yes. Your defense attorney may be able to use the circumstances of your arrest, the evidence available, witness testimony, or other means to have the charges against you dropped or negotiate an acceptable plea agreement without going to trial. However, if a trial is necessary to clear your name, our attorneys will not shy away from a tough fight.

Yes, but you may be charged with OUI Refusal. When it comes to breath tests, Maine is considered an “implied consent” state, meaning that anyone holding a driver’s license is required to submit to a breath test if an officer suspects that they are operating a vehicle under the influence of alcohol or drugs. In some cases, the penalties for OUI refusal may be worse than an OUI charge.

In Maine, defendants can avoid going to trial in many criminal cases by entering into a filing agreement or deferred disposition. A filing agreement allows the charge(s) to be dismissed after a set period of time, usually one year, as long as the defendant does not violate any other laws or provisions of the filing agreement. Deferred disposition agreements are similar except that the defendant is required to plead guilty.

While filing agreements and deferred dispositions may be good options for some cases, it’s important to remember that these agreements require you to waive your right to a trial. In addition, when the deferred period ends and the charge is dismissed, it may still be treated as a “conviction,” so we urge clients to carefully consider their options before accepting such agreements.

A court may choose to suspend some or all of a convicted person’s sentence in a process known as probation if that person agrees to follow a set of specific conditions and check in regularly with a court-appointed probation officer. A person who is released under this process is said to be “on probation.” The terms of probation are set by the court, and while they include many standard provisions like not engaging in criminal activity, they can also include requirements specific to the crime or the defendant, like avoiding a particular place or person.

If you consume drugs or alcohol voluntarily, then being intoxicated will not prevent you from being charged with a crime. However, the altered mental state caused by such substances should be taken into consideration by the court. Our attorneys will work to ensure that the full context of events is revealed, including any drugs or alcohol that may have been consumed by the parties involved.