1. No punishment before conviction. A person may not be punished for an offense until convicted of that offense in a court having jurisdiction over the person and case.

[PL 2003, c. 182, §1 (NEW).]

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Terms Used In Maine Revised Statutes Title 15 Sec. 1702

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Costs included in sentence. If a person is convicted and the court imposes a fine, the court:
A. May sentence the defendant to pay the costs of prosecution; [PL 2003, c. 182, §1 (NEW).]
B. May sentence the defendant to pay, as restitution, the costs of drug tests, other than tests under Title 29?A, administered to the defendant by a law enforcement officer or medical personnel at the request of a law enforcement officer. The court shall transfer all amounts paid by a defendant under this paragraph to the municipal, county or state agency that incurred the costs; and [PL 2003, c. 182, §1 (NEW).]
C. Shall, if the case is prosecuted in District Court, sentence the defendant to pay a fine sufficient to cover the costs as provided in Title 4, section 173. This paragraph does not apply to defendants prosecuted for violations of Title 26, chapter 7, subchapter 1?B or for violations of Title 28?A, sections 2078 and 2223. [PL 2003, c. 182, §1 (NEW).]

[PL 2003, c. 182, §1 (NEW).]

SECTION HISTORY

PL 1965, c. 356, §55 (AMD). PL 1975, c. 499, §3 (AMD). PL 1987, c. 45, §B2 (AMD). PL 1987, c. 737, §§C29,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 2003, c. 182, §1 (RPR).