Maine § 15 §1051 Post-conviction bail

Maine Statutes

§ 15 §1051 — Post-conviction bail

Maine·Title 15 COURT PROCEDURE -- CRIMINAL·Part 2 PROCEEDINGS BEFORE TRIAL·Ch. 105-A MAINE BAIL CODE

1.Application to presiding judge or justice. After post-conviction, except as provided in this section, a defendant may apply to the judge or justice who presided at the trial for bail pending imposition or execution of sentence or entry of judgment or appeal. If the trial judge or justice is not available, the defendant may apply for bail under this section to another judge or justice of the court in which the defendant was convicted. Post-conviction bail is not available to a defendant convicted of:

2.Standards. Except as provided in subsection 4, a defendant may not be admitted to bail under this section unless the judge or justice has probable cause to believe that: 2-A. Violation of probation; standards. This subsection governs bail with respect to a motion to revoke probation.

3.C

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1.
Application to presiding judge or justice.
After post-conviction, except as provided in this section, a defendant may apply to the judge or justice who presided at the trial for bail pending imposition or execution of sentence or entry of judgment or appeal. If the trial judge or justice is not available, the defendant may apply for bail under this section to another judge or justice of the court in which the defendant was convicted. Post-conviction bail is not available to a defendant convicted of:
2.
Standards.
Except as provided in subsection 4, a defendant may not be admitted to bail under this section unless the judge or justice has probable cause to believe that:
2-A.
Violation of probation; standards.
This subsection governs bail with respect to a motion to revoke probation.
3.
Conditions of release.
Except as provided in subsection 4, the judge or justice may impose, in lieu of or in addition to an appearance or bail bond, any condition considered reasonably necessary to minimize the risk that the defendant may fail to appear as required, may compromise the integrity of the judicial process, may commit new criminal conduct, may fail to comply with conditions of release or may constitute a danger to another person or the community.
4.
Standards applicable to bail arising out of State's appeal under section 2115-A, subsection 2.
If the State initiates an appeal under section 2115‑A, subsection 2, the judge or justice shall apply subchapter II to a defendant's application for bail pending that appeal.
5.
Appeal by defendant.
A defendant may appeal to a single Justice of the Supreme Judicial Court a denial of bail, the kind or amount of bail set or the conditions of release imposed by which the defendant is aggrieved. The single justice may not conduct a hearing de novo respecting bail, but shall review the lower court's order. The defendant has the burden of showing that there is no rational basis in the record for the lower court's denial of bail, the kind or amount of bail set or the conditions of release imposed of which the defendant complains. The determination by the single justice is final and no further relief is available.
6.
Appeal by State.
The State may appeal to a single Justice of the Supreme Judicial Court the granting of bail, the kind or amount of bail set or the lower court's failure to impose a condition of release. The single justice may not conduct a hearing de novo respecting bail, but shall review the lower court's order. The State has the burden of showing that there is no rational basis in the record for the lower court's granting of bail, the kind or amount of bail set or the omission of the conditions of which the State complains. The determination by the single justice is final and no further relief is available.
7.
Revocation of bail.
7-A.
Revocation of post-conviction bail.
8.
Failure to appear; penalty.
9.
Violation of condition of release; penalty.

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Legislative History

PL 1987, c. 758, §20 (NEW). PL 1987, c. 870, §§6,7 (AMD). PL 1991, c. 393, §§1,2 (AMD). PL 1995, c. 356, §§8-12 (AMD). PL 1997, c. 543, §§12-14 (AMD). PL 1999, c. 731, §ZZZ12 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2007, c. 374, §12 (AMD). PL 2015, c. 436, §5 (AMD). PL 2021, c. 647, Pt. B, §§11, 12 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).