maine when a district attorney does not try a case

If you are not represented by a lawyer, you can go to Maine Courts Guide & File “Start a New Filing and choose “Small Claims” as the type of filing. Go through the Guide & File interview to complete the forms online and eFile them with the Bangor District Court. eFiling is not currently available for cases in other district courts.

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What does the Maine District Attorney's Office do?

The eight District Attorneys Offices, each of which is supervised by an elected District Attorney, handle the majority of the criminal offenses committed in Maine. The Office of the Attorney General prosecutes all homicides and many drug offenses.

What if I can't afford an attorney in Maine?

If you can not afford an attorney in a civil matter, you may wish to contact the Volunteer Lawyers' Project, Pine Tree Legal Assistance, or, if you a Maine resident age 60 or older, Legal Services for the Elderly. If you are a party in a child protective proceeding and can not afford an attorney, the court can appoint an attorney to represent you.

How do Maine’s district and superior courts work?

The Superior Courts are Maine’s general criminal jurisdiction courts, but specifically all Felony criminal cases start in the Superior Court. A point of note is that jury trials are only held at Maine’s Superior Courts. If you are facing criminal charges in Maine, it is a good idea to understand how the District and Superior Courts work.

How to file a small claim in Maine without a lawyer?

If you are not represented by a lawyer, you can go to Maine Courts Guide & File “Start a New Filing ” and choose “Small Claims” as the type of filing. Go through the Guide & File interview to complete the forms online and file them electronically with the Bangor District Court.

What is a Class E violation in Maine?

Maine no longer uses these categories, but classifies crimes as follows: Class E: Crimes punishable by up to six months incarceration and a $1,000 fine. Class D: Crimes punishable by up to 364 days incarceration and a $2,000 fine. Class C: Crimes punishable by up to 5 years incarceration and a $5,000 fine.

What do you mean by mens rea?

criminal intentMens Rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. A mens rea​ refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime. See, e.g. Staples v. United States, 511 US 600 (1994).

What is a class D misdemeanor in Maine?

Class D Crimes Under Maine's laws, a Class D crime is punishable by up to 364 days in county jail and a fine of up to $2,000. Examples of Class D crimes include violation of a protective order, simple assault, and joyriding (unauthorized use of a vehicle).

What is the actus reus of crime?

Actus reus (/ˈæktəs ˈreɪəs/), sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law−based criminal law jurisdictions of ...

What types of crimes do not require mens rea?

Strict liability crimes do not require the mens rea element. Strict liability crimes are considered to be criminal regardless of the person's intentions.

What is a prima facie case?

A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.

What are Class C crimes in Maine?

Class C offenses are the least severe of three felony classes, but that does not mean the consequences are not serious. Common Class C offenses include aggravated OUI, felony theft, or aggravated criminal mischief. Class B offenses carry the second-most severe penalties under state law.

Does Maine have a three strikes law?

Habitual Offender: Three Strikes and You're Out! A habitual offender in Maine is a person who accumulates three or more convictions for certain distinct driving offenses (arising out of separate acts) committed within a 5-year period.

How long does a misdemeanor stay on your record in Maine?

for lifeA misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

What is an act of omission?

Our legal definition of an act of omission is: “An act that was pre-agreed but failed to act upon. More so when there was a duty to the individual or the public with the said act.” Omissions are more common than thought in legal disputes yet are not something typically associated with crime.

What crimes Cannot be committed by omission?

Offences that specifically require a positive act can clearly not be committed by omission. On this basis, it seems that offences relating to assaults cannot be committed by omission. Neither can theft, burglary or rape, because each requires the defendant to do something in order to satisfy the actus reus.

What is the standard of proof in a criminal case?

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

What are the Maine District Courts?

Maine District Courts are busy places that handle a broad range of cases, including: all small claims matters, all Landlord/Tenant cases such as evictions and FEDs, all family matters, such as divorce and parental rights and responsibilities, protection from abuse/harassment cases, all Juvenile criminal matters, as well as misdemeanor criminal matters. In criminal cases, District Courts handle misdemeanors. Felony charges start in the Superior Court.

What is the most widely used criminal court in Maine?

Even though there has been much fanfare about the Unified Criminal Docket, still the most widely used criminal court procedure in Maine is the combination of Maine District and Maine County Superior Courts.

What is a bail modification motion?

A Motion to Modify Bail requests that specific bail conditions be changed or modified so that the defendant can better meet them. A bail modification request can take place at any time the defendant requires a change in bail conditions. Usually, bail modification motions in the Superior Court are heard early in the case, such as around the Status Conference or Arraignment.

What is docket call?

The Docket Call at the Superior Court is very similar to the Dispositional Conference at the Unified Criminal Docket, in that the purpose of the Docket Call is for the District Attorney and Criminal Defense Lawyer to negotiate to reach a potential resolution to the case without going to trial. However, if no acceptable resolution is reached at Docket Call, then the case would progress to further court dates, including the Motion Hearings and Jury Trial. Also in contrast, at Docket Call there is no conference in chambers with the Judge, as in a Dispositional Conference.

What is a motion to suppress?

A Motion to Suppress requests that any evidence obtained in violation of the defendant’s constitutional rights be suppressed from (kept out of) evidence at trial. At the pretrial hearing known as a Suppression Hearing, the District Attorney argues that the questionable evidence was obtained properly, and the Criminal Defense lawyer argues that the evidence should be suppressed as being obtained illegally. After the Suppression hearing, the Court issues a determination whether or not the evidence can be used at trial. The Suppression Hearing also offers an opportunity for the criminal defense lawyer to negotiate with the District Attorney to attempt to reach a favorable resolution for the defendant.

How many jurors are there in a jury?

A jury is made up of 12 jurors, who are selected randomly from the community. The role of the jury is a fundamental American Constitutional right- to be judged guilty or not guilty by a jury of your peers. At Jury Selection, the Judge will discuss jury service to the group of potential jurors, and then the selection process of questioning the potential jurors begins. The Justice may ask questions, and the attorneys may submit questions to the Judge to ask the potential jurors, either as a group or individually. The purpose of questioning potential jurors is to determine if there are reasons why any juror cannot be fair about the case , or if any individual juror has a personal interest in the case. If for one reason or another the attorneys do not see particular individuals as the right fit, then they would be challenged.

What is the Maine Criminal Code?

The Maine Criminal Code is found in Title 17-A of the Maine Revised Statutes. However, many crimes are defined outside the Code. For example, many hunting and fishing offenses are defined in Title 12 of the Maine Revised Statutes, and crimes involving the unlicensed practice of a profession are usually set out in the statutes governing ...

What is a suspended sentence in Maine?

A suspended sentence provides incentive for the probationer to comply with conditions of probation and refrain from further criminal conduct. Probation is not the same as parole, which involves early release from a sentence imposed. Maine no longer imposes sentences where persons are eligible for parole.

What is the Office of the Attorney General?

The Office of the Attorney General prosecutes all homicides and many drug offenses. Assistant Attorneys General also prosecute welfare and Medicaid fraud, securities crime, and official corruption cases. Criminal trials are heard in the District and Superior Courts. Jury trials are always conducted in the Superior Courts.

What is the difference between a civil case and a criminal case?

A criminal charge brings with it the risk of a jail sentence. The State must prove its case "beyond a reasonable doubt.". In contrast, a civil case can be brought by one or more individuals to resolve a dispute between those individuals.* .

Why is the burden of a criminal case higher?

The State has a greater burden in criminal cases because of the risk that a convicted person will be deprived of his or her freedom, and because of the collateral consequences associated with criminal convictions.

Why does the state bring criminal charges?

The State brings criminal charges because it has an interest not only in seeing the particular victim made whole, but also rehabilitating the offender, maintaining order in society, protecting the public and deterring future misconduct. A criminal charge brings with it the risk of a jail sentence.

Where are criminal trials heard in Maine?

Criminal trials are heard in the District and Superior Courts. Jury trials are always conducted in the Superior Courts. Appeals may be heard by the Superior Court or the Supreme Judicial Court. For more information about the different courts in Maine, including information for jurors, go to the Courts web site .

In a system full of inconsistencies and heavy caseloads, Maine's eight elected district attorneys focus on public safety and potential judicial reforms

Maeghan Maloney, District Attorney for Kennebec and Somerset counties, works in her Augusta office on Tuesday. Photo by Gabe Souza

Julie Pike

After graduating from the University of Southern Maine in 2019, where Julie was editor-in-chief of the Free Press, the student newspaper, Julie switched career paths to become a paralegal.

Who is authorized to issue subpoenas?

Attorneys are authorized to issue subpoenas in the name of any court in which they are authorized to practice, and in the case of a deposition or production subpoena taking place in another district, in the name of the court where the case is pending.

Can discovery material be filed in court?

No. Pursuant to Local Rule 5 (b), discovery material, including initial disclosures made under Fed. R. Civ. P. 26 (a) (1)- (3), shall not be filed except when needed in a particular pretrial or trial proceedings or upon order of the Court.

Can a clerk give legal advice?

Clerk’s Office staff cannot give “legal advice” and therefore cannot:

What happens if a plaintiff wins a small claims judgment?

If the plaintiff wins and the defendant does not pay the small claims judgment voluntarily, the plaintiff will need to take additional steps to collect. A common step is to request that the defendant (now also called the judgment debtor) go to court for a Disclosure Hearing to determine whether the defendant/judgment debtor has sufficient income or assets to pay the judgment.

What does a judge do after a jury trial?

The judge hears the case without a jury and decides whether the evidence offered entitles the plaintiff or the defendant to win. After the hearing is over, the judge announces the decision, or, sometimes, takes the case "under advisement.".

What happens if mediation is unsuccessful?

If mediation is unsuccessful, the court then holds a hearing. Learn more about mediation. In the hearing, the plaintiff goes first. The plaintiff has to show by testimony and other evidence that the defendant is liable for the money being sued for. The defendant may also testify and offer other evidence.

What happens if you don't show up in a small claims case?

If you do not show up, you will likely lose the case by default. As a defendant in a small claims case, there are several things you can do to respond: If you owe money to the plaintiff, you can try to work out a settlement; You can contact a lawyer or legal assistance organization for advice;

What is a small claims court?

Small claims court is a session of the District Court. Anyone can bring a case or be a defendant in small claims court with a few exceptions. For example, you cannot sue a city or town in small claims court.

Can a defendant testify?

The defendant may also testify and offer other evidence. Both sides may call witnesses. All testimony is given under oath, which means that the person testifying promises to tell the truth, the whole truth, and nothing but the truth, to the best of his or her recollection and belief.

Can a plaintiff appeal a trial?

The trial is generally held later. If the plaintiff loses, the plaintiff can appeal to the Superior Court on questions of law only. If the defendant loses, the defendant can appeal to the Superior Court on questions of law and/or fact and request a jury trial (jury fee required).

Where are district court appeals filed?

Most district court appeals are filed directly to the Supreme Judicial Court . Small claims appeals and eviction (Forcible Entry and Detainer) appeals are filed in the Superior Court. Appeals from the Superior Court may be taken to the Supreme Judicial Court. The Supreme Judicial Court is the State's highest court and the court of final appeal.

What is the right to appeal a decision?

Appeals. In most civil and criminal cases, each party has the right to appeal the decision to a different court. The issues heard on appeal, however, are limited to questions of law considered in the trial court.

Is a trial judge's decision to believe or disbelieve properly admitted evidence reviewable?

A trial judge's decision about what the law is or whether to admit testimony is generally reviewable, but a jury's (or judge's) decision to believe or disbelieve properly admitted evidence is reviewable only for abuse of discretion or insufficiency of evidence. Most district court appeals are filed directly to the Supreme Judicial Court.