An Overview Of The Maine Judicial System Like other states, Maine’s judicial system has its own guidelines to handle various levels of crime. Divided into civil and criminal, Maine’s laws are divided into civil and criminal, then separated according to classes. Class A, B, and C crimes are considered felonies (Class A being the most severe), and Class D and E crimes are considered misdemeanors. The severity of the crime and punishment correspond with the class, however a judge may alter the punishment.

Prison/Jail Sentence Fines

Felonies

Class A Up to 40 years Up to $50,000

Class B Up to 10 years Up to $20,000

Class C Up to 5 years Up to $5,000

Misdemeanors

Class D Up to 1 year Up to $2,000

Class E Up to 6 months Up to $1,000 If you have any questions or concerns about the types of cases that actually head into court in Maine, you should refer to the Judicial Branch Citizen’s Guide. This guide was published to help citizens and is available online and in the administrative offices at the courts. Civil Violations Civil violations are not as severe and generally do not require jail time. Fines are considered compensation and not punishment and are measured in terms of money, property, or other sanctions (but if a person fails to pay the fine, additional fines, fees, and/or penalties may be applied). However, a civil matter may not keep its classification if it is brought to court with additional violations of the law. If a criminal law is found to have been violated, a conviction would carry the classification’s punishments. Maine does not impose the death penalty.

Criminal Defense The Criminal Law system in Maine enforces all laws specific to the state. When the law is broken, criminal cases most likely lead to incarceration, which is why you should retain a criminal defense attorney. The laws are published annually, within 90 days of the culmination of legislative sessions. The Maine Criminal Code 17-A is broken down into four parts: General Principles, Substantive Offenses, Sentencing, and the Revision of Criminal Laws. (The Reviser’s Office cannot interpret the law nor give out legal advice, as this needs to come from a qualified attorney.) Answers to Common Maine Criminal Law Questions How do I deal with law enforcement? The most important thing to do when you are under suspicion of committing a violation is to remain calm. The police officer has detained you because they have reason to believe a law was violated and is following protocol. Refrain, at all costs, from becoming angry or violent. This will only make the situation worse and could escalate to other charges. It also will not help your case. Make sure you are always honest when being questioned. If you withhold information or give a false statement, you will be guilty of a Class E misdemeanor and could also be arrested at the discretion of the officer. Refusing to sign an issued summons is also a Class E misdemeanor, as is failing to appear in court, at which time an arrest warrant will also be issued. Make sure you are timely, well dressed, and well behaved when appearing before court. Anything other than being perfectly polite and honest could reflect badly upon you. You will also want to bring supplemental documents to support your plea. When do I call a lawyer? You should look to retain a lawyer as soon as you realize that you are being investigated or think you committed a crime. A lawyer can help from the start, educating you on your rights, preventing an arrest or arranging your surrender. If you have been arrested, cooperate and be polite, but invoke your right to an attorney ASAP before you say anything. They can help protect you from incriminating yourself during questioning. How much does a lawyer cost? The cost of a lawyer depends on the case and the charges. There is usually a free initial consultation to assess your case and determine the fee, which is normally a single fee for the entire case, but on rare occasion, separate fees may be set for different stages of the case. When meeting with your lawyer, do not be afraid to ask all of the questions you may have and keep in mind that what you say is protected by attorney-client privilege.

Why do I need a lawyer if I am innocent? Even if you are innocent, you should still retain a lawyer. Innocent people are accused crimes, and people who may have committed one crime are accused of another that they did not commit. It is a good idea to have a lawyer to formulate a response to the charge. What is bail? Bail is the money that the court determines you must deposit to ensure that you will return for your court hearing. Maine does not use the bail bond system and instead sets bail in a cash amount, though you may post property equivalent to the bail amount. If you show up, bail is returned at the end of the case even if convicted. Bail is not returned if you try to run or do not show up. What happens when I am taken to county jail after being arrested? When taken to jail, you will be fingerprinted and photographed, then will either be released or must wait for bail to be set.

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