Maine Revised Statutes Title 15 Sec. 1097 – Disposition after revocation of preconviction bail
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1. New criminal conduct. If the judge or justice finds that there are conditions of release that will reasonably ensure that the defendant will not continue to commit new crimes while out on bail, the judge or justice shall issue an order under section 1026. If the judicial finding is otherwise, the judge or justice shall issue an order denying bail.
[PL 1997, c. 543, §23 (RPR).]
Terms Used In Maine Revised Statutes Title 15 Sec. 1097
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- bail: means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1026 that is designed to ensure that the defendant shall refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. See Maine Revised Statutes Title 15 Sec. 1003
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge when assigned under Title 4, section 157?C. See Maine Revised Statutes Title 15 Sec. 1003
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- ensure the integrity of the judicial process: when used in the context of the granting or denial of bail, means safeguarding the role of the courts in adjudicating the guilt or innocence of defendants by ensuring the presence of the defendant in court and otherwise preventing the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating a victim, prospective witness, juror, attorney for the State, judge, justice or other officer of the court. See Maine Revised Statutes Title 15 Sec. 1003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- New criminal conduct: refers to criminal activity by a defendant occurring after bail has been set. See Maine Revised Statutes Title 15 Sec. 1003
- Preconviction: means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003
2. Appearance of the defendant; ensuring the integrity of the judicial process; ensuring the safety of others in the community. If the judge or justice finds that there are conditions of release that will reasonably ensure the defendant’s appearance at the time and place required and ensure the integrity of the judicial process and the safety of others in the community, the judge or justice shall issue an order under section 1026. If the judicial finding is otherwise, the judge or justice shall issue an order denying bail.
[PL 2007, c. 374, §13 (AMD).]
2-A. Crimes involving domestic violence. If the underlying crime is an offense specified in section 1023, subsection 4, paragraph B?1 and the new conduct found by the court pursuant to section 1096 involves new allegations of domestic violence or contact with a victim or witness in the underlying case, the judge or justice shall issue an order denying bail, unless the judge or justice makes the findings on the record required by both subsections 1 and 2. The judge or justice shall issue an order denying bail if there has been a previous revocation of preconviction bail pursuant to section 1096.
[PL 2011, c. 640, Pt. A, §4 (NEW).]
3. Appeal. A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial Court. The appeal must be in accordance with the procedures set forth in the Maine Rules of Unified Criminal Procedure, Rule 46(e)(2). The review is limited to a review of the record to determine whether the order was rationally supported by the evidence. The determination by the single justice is final and no further relief is available.
[PL 2015, c. 431, §17 (AMD).]
4. Limitations on bail. When a court has, after revocation on a complaint, ordered the defendant held without bail, the defendant is not entitled to have bail set when the same or more serious charges are brought by indictment or, if waived, by information or complaint, for the same underlying conduct. If different and lesser charges are later brought by the State for the same underlying conduct, the new lesser charges may constitute a change of circumstances pursuant to section 1026, subsection 3, paragraph C.
[PL 2015, c. 431, §18 (AMD).]
SECTION HISTORY
PL 1995, c. 356, §19 (NEW). PL 1997, c. 543, §23 (AMD). PL 1999, c. 731, §ZZZ13 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2007, c. 374, §13 (AMD). PL 2011, c. 640, Pt. A, §4 (AMD). PL 2015, c. 431, §§17, 18 (AMD).