Did you end up violating your bail conditions? You will be able to help your attorney in trial preparation – You will be able to help your lawyer find witnesses, revisit the crime scene with your lawyer, or review your financial information, emails, texts or other records which you can share to help your defense strategy.
Full Answer
If they violate their bail the state of Maine can require them to pay the dollar amount of the unsecured bail. Cash bail: A dollar amount is set along with conditions of bail. The defendant or someone acting on their behalf must actually deposit that amount of cash to get the person out of jail.
The bail conditions that a judge imposes will ordinarily depend on the facts of the case. But some of the more common conditions require defendants to: comply with specific travel restrictions. In deciding which conditions are appropriate, a judge will normally consider a variety of factors. These factors might include:
To post the surety bail a person must own real estate in Maine and have documentation proving that they have Equity equal to or greater than the surety amount. They must then agree to have a bail lien in that amount recorded against their property in the Registry of Deeds.
First party bail can be automatically forfeited if the judge finds a person violated their conditions in any way. Maine has no “bail bondsmen” and so any cash amount set must be paid in full before the defendant can be released.
If they violate their bail the state of Maine can require them to pay the dollar amount of the unsecured bail. Cash bail: A dollar amount is set along with conditions of bail.
Many people choose to ignore bail conditions, especially in cases of pre-charge bail. If you are arrested for breaking pre-charge bail, the police must do one of two things: Release you on bail again with the same conditions. Charge you with an offence, and then bail you or hold you over until you can be taken to court ...
Challenging police bail conditions If the Magistrates' Court has reconsidered and you are still not happy with your bail conditions, you can apply to the Crown Court to request that certain conditions are changed.
Conditions of bail may only be imposed where necessary to ensure that the exceptions to bail are addressed. Only where conditions are not sufficient to address the exceptions to bail should a remand in custody be sought.
If a person breaks any of the conditions of their bail, the police can arrest them and they will be brought before the next sitting of the local Magistrates' Court within 24 hours. Magistrates may then refuse any further bail applications.
Officers intending to arrest for breach of bail conditions, have no right under section 17 to enter premises. If they are invited into the premises this is permissible but they should seek the consent of a person entitled to grant entry and that consent should be obtained in writing.
If bail is refused by the Sheriff, then the accused is remanded in custody. Every individual whose bail application is refused has the right to appeal that decision. A bail appeal is marked at the Court from which the matter is being appealed; this is usually the local Sheriff Court.
(1) If the defendant has been granted bail by a District Court, the court may, on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail.
The Bail Reform Act of 1984 authorizes preventive detention by permitting the pretrial incarceration of a defendant who will endanger the community's safety. For pretrial detainees, preventive detention works unnecessary hardship and skews the adversarial basis of the criminal process.
-Police may release a suspect on bail whilst they make further enquiries, "bailed to return". -The suspect may be released on condition he/she returns on a specific date. - Police may give bail to a suspect charges with an offence and they must appear at the local Magistrates' Court at an agreed date and time.
If an individual is released on pre-charge bail, the police have an initial time limit of 28 days to continue their investigation. However, this can be extended to three months by a senior police officer.
6 ways to ensure you never get bailGive a false name. Nothing screams you have something to hide like giving a false name. ... Give a false address. ... Try to run or hide away. ... Make the process difficult for the police. ... Threaten the police or witnesses. ... Hide away evidence or obstruct investigation.
The Court process for violating bail in Maine depends on whether the charge was a misdemeanor or a felony. The criminal process applied is the Unified Criminal Docket in Maine, which covers all criminal cases.
When arrested on a bail violation, there are cases in which the Bail Commissioner does not allow bail to be set. Attorneys call this situation a “No Bail Hold.” These situations include:
If facing a charge for violation of condition of release, a criminal defense lawyer can help you determine the outcome.
In summary being out on bail in Maine not only allows you the ability to have greater contact with your criminal defense attorney, being free from jail provides the opportunity to show the State that you can abide by conditions. Following conditions helps show the State that you would be successful in a diversionary outcome, such as a deferred disposition agreement. In other words, it is what you do with your freedom that the State will notice. If you take the opportunity while out on bail to improve yourself, such as by maintaining employment, landing a job, going back to school, getting substance abuse or other treatment, this would reflect well on you at court.
Bail in Maine is a complicated process. Attorney Chris Nielsen shares the rules of the road and explains how you can get bail and the benefits of that decision.
Bail in Maine is used to describe the set of conditions which you agree to follow in order to remain free pending trial. If you are out on bail before trial, this is known as “pre-conviction bail.” If you are on bail while awaiting a prison sentence after being convicted or a waiting sentence, that is known as “post-conviction bail.”
Bail in Maine is important because it can help you in the ultimate outcome of your criminal case at Court.
Cash bail– the amount of money set by the Bail Commissioner or the Court that you must pay before being released from the jail.
On the other hand, if you violate your bail conditions, then this can hurt you at Court and make your criminal defense attorney’s job more difficult.
This is usually with in 48 hours, notwithstanding weekends or holidays. At the initial appearance, the State’s attorney can argue for a certain bail to be set, and you or your Criminal Defense Attorney can argue for more lenient bail. Sometimes, the attorneys can come to an agreement on what the bail should be set at. Or, the Judge or Justice will make the final determination about set bail. When setting bail in Maine, a number of things are considered, according to 15 M.R.S.A. §1026 (4), including:
Bail allows the defendant to remain free while the charges are pending, the purpose of which is to that the integrity of the Maine judicial is preserved, that the defendant appears at all scheduled court proceedings, and that the public safety is protected.
Bail allows the defendant to remain free while the charges are pending, the purpose of which is to that the integrity of the Maine judicial is preserved, that the defendant appears at all scheduled court proceedings, and that the public safety is protected.
In the pre-conviction bail context, bail will be set as either personal recognizance, which means the defendant essentially “promises to appear” to all scheduled court appearances or bail is secured, meaning some form of cash or real estate is used to secure the defendant’s appearance in court and to guarantee that the defendant abides by the law. Any security imposed by the court or bail commissioner cannot be excessive and can only be set for the express condition of ensuring that the defendant abides by the law, appears in court and doesn’t impugn the judicial integrity of the court system. With that said, cash bail has been set in excess of $500,000.00 before in the State of Maine and that number has not been deemed excessive upon review.
Order a person held without bail until a bed is secured in a drug or alcohol treatment facility. Order a person to attend drug or alcohol counseling. Remain in the care and custody of a parent, spouse, guardian or any other person the court deems responsible to ensure the defendant abides by his or her bail conditions.
When requesting de novo bail review, a court is mandated to hear your petition within 48 hours, excluding holidays and weekends.
That the defendant is a substantial risk for committing new criminal conduct if placed on bail.
Prohibition against the possession or use of dangerous weapons. Prohibition against contact with co-defendants in a case. Prohibition against contact with a named “victim” in a case. Subject a person to random searches of their home, car or person for drugs, alcohol or dangerous weapons.
In almost all criminal cases, whether they be misdemeanors or they’d be the more serious felony cases, if you’ve been charged with a crime or arrested, you will likely have been placed on bail.
When you’re on bail conditions, it’s really important that you pay attention to what those conditions are. Too often, I see folks that violate their bail conditions and come to me for help. What you can expect if you violate your conditions is as follows. It’s Friday night. You decide you want to have a beer.
If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
The condition of release alleged to be violated relates to new criminal conduct for a crime classified as Class C or above or for a Class D or Class E crime involving domestic violence, sexual assault pursuant to Title 17-A , chapter 11 or sexual exploitation of minors pursuant to Title 17‑A, chapter 12 ; [PL 2011, c. 341, §3 (NEW).]
Limitations on authority of bail commissioner to set bail. A court may, but a bail commissioner may not, set bail for a defendant granted preconviction or post-conviction bail who has been arrested for an alleged violation of this section if:
If a bail commissioner does not have sufficient information to determine whether the violation of the condition of release meets the criteria set forth under this subsection, the bail commissioner may not set bail on the violation of the condition of release.
If you are charged with a felony, the right to have the charge presented to a grand jury. In Maine, the right to a unanimous jury verdict, meaning that you cannot be found guilty unless all twelve jurors agree that the State has proven your guilt beyond a reasonable doubt.
Two tools that are frequently used in Maine to avoid trial are filing agreements and deferred dispositions. A filing agreement is an agreement between the defendant and the State that, if the defendant refrains from criminal conduct and satisfies other conditions, the charge will be dismissed after a certain period of time (usually one year). If the defendant violates one of the conditions in the filing agreement, the charge can be restored to the trial docket and the case will resume in the regular course.
Bail is security, such as cash, that is posted by a defendant to secure the defendant’s release pending trial. The purposes of bail are to ensure the appearance of the defendant as required in court, to ensure the integrity of the judicial process, and where applicable, reasonably ensure the safety of others in the community. In addition to requiring cash, a defendant’s bail bond may require that the defendant comply with conditions of release, such as refraining from the use of alcohol, submitting to random searches, and having no contact with the alleged victim or a witness. A violation of a bail condition is itself a crime.
Identify yourself as a probationer to any law enforcement officer if you are arrested, detained, or questioned for any reason and notify your probation officer of that contact within 24 hours.
In Maine, the right to a unanimous jury verdict, meaning that you cannot be found guilty unless all twelve jurors agree that the State has proven your guilt beyond a reasonable doubt.
What may seem like an insignificant violation may be treated very harshly by a probation officer and a judge. A probation violation hearing cannot be heard by a jury, just one judge, and has a lesser standard of proof than that of a new crime. It is also very difficult to obtain bail after being arrested for a violation of a condition of probation, creating a very real possibility that a person charged with violating probation will be held in jail until the final probation violation hearing.
Judges normally have several options when a defendant violates a condition of bail. These typically include:
Bail conditions are normally designed to serve two purposes: to ensure the defendant shows up for later court hearings and to protect the community. Judges typically have lots of leeway in deciding what conditions are reasonably necessary to accomplish these purposes.
Questions for a Lawyer 1 Do I have the right to appeal if I disagree with the conditions of bail? 2 What happens if I violate a condition of release that turns out to be invalid? 3 Do judges ever release defendants from jail without conditions? 4 What if a condition of bail interferes with my work or school? 5 What if I can’t afford to pay for an IID or some other bail condition?
But if a defendant commits a more serious violation like threatening a witness, the judge is likely to take harsher measures like revoking bail altogether. (Read about when a court is justified in denying bail because of a defendant’s dangerousness .)
revoking bail and putting the defendant back in custody (jail) imposing additional or more restrictive bail conditions. increasing the amount of bail, and. holding the defendant in contempt of court. What a judge is apt to do just depends on the circumstances.
When a judge does this, it’s called release on one’s “own recognizance” (OR).
But some of the more common conditions require defendants to: obey all laws. refrain from drug and alcohol use and participate in testing. not possess any weapons. stay away from certain places or people. maintain or seek employment. follow a curfew, and. comply with specific travel restrictions.