Maine Revised Statutes Title 15 Sec. 215 – Commitment to await requisition
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If, from the examination by the judge or magistrate of the complaint, affidavits in support thereof, formal charging documents or judgments supplied by the demanding state or any other evidence, including reliable hearsay evidence, which may be presented, it appears that the person held is the person charged with having committed the crime alleged and that there is probable cause to believe that he committed the crime, and that he is a fugitive from justice, the judge or magistrate shall continue the case and may commit the person to jail, by a warrant specifying the accusation, for any time not exceeding 60 days which will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense. [PL 1977, c. 671, §13 (NEW).]
The following shall be conclusive on the issue of probable cause: [PL 1977, c. 671, §13 (NEW).]
1. Indictment or information. An indictment or an information issued upon a waiver of indictment; or
[PL 1977, c. 671, §13 (NEW).]
Terms Used In Maine Revised Statutes Title 15 Sec. 215
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Executive authority: includes the Governor and any person performing the functions of governor in a state other than this State. See Maine Revised Statutes Title 15 Sec. 201
- Fugitive from justice: means :
A. See Maine Revised Statutes Title 15 Sec. 201Governor: includes any person performing the functions of Governor by authority of the law of this State. See Maine Revised Statutes Title 15 Sec. 201 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. 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. Judicial officer: shall mean a justice, judge, justice of the peace, clerk of courts or other neutral person empowered by the laws of the demanding state to issue criminal process. See Maine Revised Statutes Title 15 Sec. 201 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. Probable cause: A reasonable ground for belief that the offender violated a specific law.
2. Charging instrument or warrant. An information or other formal charging instrument or an arrest warrant when they are issued upon a determination of probable cause by a judicial officer in the demanding state.
[PL 1979, c. 274, §5-A (AMD).]
The examination shall take place within a reasonable time after arrest, not to exceed 30 days, if the person held has not been admitted to bail, as provided in section 216. [PL 1977, c. 671, §13 (NEW).]
SECTION HISTORY
PL 1977, c. 671, §13 (RPR). PL 1979, c. 274, §§5-A (AMD).