Maine Revised Statutes Title 15 Sec. 1028 – De novo determination of bail under section 1026
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1. By defendant in custody. Any defendant who is in custody as a result of a decision of a bail commissioner acting under section 1026 may file a petition with the Unified Criminal Docket for a de novo determination of bail. The bail commissioner making the decision shall advise the defendant of the right to obtain a de novo determination.
A. If the defendant chooses to have a de novo determination of bail, the defendant must be furnished with a petition and, upon execution of the petition and without the issuance of any writ or other process, the sheriff of the county in which the decision was made shall provide for the transportation of the defendant together with the petition and all papers relevant to the petition or copies of the petition or papers to the court.
If no justice or judge will be available within 48 hours, excluding Saturdays, Sundays and holidays, arrangements must be made for a de novo determination of bail in the nearest county in which a justice or judge is then sitting. The defendant’s custodian shall provide transportation to the court as required by this chapter without the issuance of any writ or other process.
If there is no justice or judge available, the defendant must be retained in custody until the petition can be considered. [PL 2015, c. 431, §12 (AMD).]
B. The petition and such other papers as may accompany it must be delivered to the clerk of the Unified Criminal Docket to which the defendant is transported and upon receipt the clerk shall notify the attorney for the State. The court shall review the petition de novo and set bail in any manner authorized by section 1026. [PL 2015, c. 431, §12 (AMD).]
C. Upon receipt of a pro se petition or upon oral or written request of the attorney for the defendant, the clerk shall set a time for hearing and provide oral or written notice to the attorney for the State. The hearing must be scheduled for a time not less than 24 hours nor more than 48 hours after the clerk notifies the attorney for the State. [PL 1997, c. 543, §11 (NEW).]
[PL 2015, c. 431, §12 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 1028
- 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
- 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.
- 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.
- Docket: A log containing brief entries of court proceedings.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Unified Criminal Docket: means the unified criminal docket established by the Supreme Judicial Court. See Maine Revised Statutes Title 15 Sec. 1003
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
2. By defendant not in custody. Any defendant who is not in custody but who is aggrieved by a decision of a bail commissioner acting under section 1026 as to the amount or conditions of bail set may file a petition with the Unified Criminal Docket for a de novo determination of bail. A justice or judge shall review the petition de novo and set bail in any manner authorized by section 1026. The petition must be considered as scheduled by the clerk.
[PL 2015, c. 431, §12 (AMD).]
3. No further relief. The de novo determination by a justice or judge under this section is final and no further relief is available.
[PL 2015, c. 431, §12 (AMD).]
SECTION HISTORY
PL 1987, c. 758, §20 (NEW). PL 1997, c. 543, §§10,11 (AMD). PL 1997, c. 585, §4 (AMD). PL 1999, c. 731, §ZZZ10 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2003, c. 66, §1 (AMD). PL 2015, c. 431, §12 (AMD).