More Categories

Rule 3 – The Complaint

May 13, 2021 | Criminal Procedure, Maine

(a) Nature and Contents. The complaint shall be a plain, concise, and definite written statement of the essential facts constituting the crime charged. The complaint is not required to negate any facts designated a “defense” or any exception, exclusion, or authorization set forth in the statute defining the crime. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the crime are unknown or that the defendant committed it by one or more specified means. The complaint shall state for each count the official or customary citation of the statute, rule, regulation, or other provision of law, the class of crime that the defendant is alleged therein to have violated and the municipality or other location where the crime is alleged to have occurred. Error in the citation of a statute or its omission shall not be grounds for the dismissal of the complaint or for reversal of a conviction if the error or omission was not prejudicially misleading.

All charges against a defendant arising from the same incident or course of conduct should be alleged in one complaint, except that special circumstances may require the use of separate instruments. A complaint may include multiple counts charged against a defendant when authorized pursuant to Rule 8(a). Nothing in this Rule shall prohibit the later commencement of additional charges arising from the original incident or course of conduct. The court may administratively consolidate such subsequent charges with the original complaint into a single case docket. Two or more defendants may not be charged in the same complaint.

If a prior conviction must be specially alleged pursuant to 17-A M.R.S. §9-A(1) it may not be alleged in an ancillary complaint or separate count but instead must be part of the allegations constituting the principal crime. A prior conviction allegation made in one count may be incorporated by reference in another count.

(b) How Made. The complaint shall be made upon oath before the court or other officer empowered to issue warrants against persons charged with crimes against the State. If a charge is enhanced to a Class C crime or above because of prior convictions, the complaint shall allege the prior convictions to charge the enhanced crime.

“Oath” includes affirmations as provided by law.

(c) Surplusage. The court on motion of the defendant may strike surplusage from the complaint.
(d) Amendment of Complaint. The attorney for the State may amend a complaint as a matter of right at any time before completion of the defendant’s initial appearance pursuant to Rule 5 of these Rules.

The court may permit a complaint to be amended at any time before verdict or finding if no additional or different crime is charged and if substantial rights of the defendant are not prejudiced.

Unless the statutory class for the principal crime would be elevated thereby, amendment of a complaint for purposes of 17-A M.R.S. §9-A(1) may be made as of right by the attorney for the State at any time before the imposition of sentence on the principal crime.

With respect to joint recommendations for disposition involving an amendment to the complaint, the motion to amend the complaint must be in writing, must be accompanied by the proposed amended complaint, and must be filed with the clerk for docketing before it is presented to the court for disposition.

(e) Arrest Tracking Number (ATN) and Charge Tracking Number (CTN). Unless the crime charged is an excepted crime under Rule 57, each count of the complaint should include the assigned Arrest Tracking Number and Charge Tracking Number.
(f) State Identification Number. If a State Identification Number has been assigned to a defendant by the State Bureau of Identification, and if that State Identification Number is known to the attorney for the State, the complaint shall contain that number.
(g) Statute Sequence Number. Unless the crime charged is an excepted crime under Rule 57, each count of the complaint shall set forth the Statute Sequence Number for the crime or crime variant charged.

Me. R. Uni. Crim. P. 3

Last amended effective November 2, 2016.