Maine Revised Statutes Title 15 Sec. 1099 – Grounds for revocation of post-conviction bail
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An order of post-conviction bail entered by a judge or justice may be revoked by the judge or justice or, if that judge or justice is not available, by another judge or justice of the same court, upon determination made after notice and opportunity for hearing that: [PL 1995, c. 356, §19 (NEW).]
1. Crime charged. The defendant has in fact been charged with a crime allegedly committed after post-conviction bail was set;
[PL 1995, c. 356, §19 (NEW).]
Terms Used In Maine Revised Statutes Title 15 Sec. 1099
- 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
- 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.
- 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.
- Failure to appear: includes a failure to appear at the time or place required by a release order and the failure to surrender into custody at the time and place required by a release order or by the Maine Rules of Unified Criminal Procedure, Rule 32(a) and Rule 38(d). See Maine Revised Statutes Title 15 Sec. 1003
- Post-conviction: means any point in a criminal proceeding after a verdict or finding of guilty or after the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003
2. Failure to appear. The defendant has failed to appear as required or has violated a condition of post-conviction bail as demonstrated by a preponderance of the evidence; or
[PL 1995, c. 356, §19 (NEW).]
3. Appeal for purposes of delay. The defendant’s appeal has been taken for the purpose of delay as demonstrated by a preponderance of the evidence.
[PL 1995, c. 356, §19 (NEW).]
SECTION HISTORY
PL 1995, c. 356, §19 (NEW).