More Categories

Rule 5 – Initial Proceedings in the Unified Criminal Docket

May 13, 2021 | Criminal Procedure, Maine

(a) Initial Appearance Before the Court. A defendant arrested for any crime, either under a warrant issued upon an indictment or upon an information or complaint filed in the Unified Criminal Docket or without a warrant, who is not sooner released, shall be brought before the court without unnecessary delay and in no event later than 48 hours after the arrest, excluding Saturdays, Sundays, legal holidays, and court holidays. Such appearance may be by audiovisual device in the discretion of the court. If such appearance has not taken place within 36 hours after the arrest, the custodian shall notify the attorney for the State of the upcoming deadline. If such appearance has not taken place within 48 hours after the arrest, excluding Saturdays, Sundays, legal holidays, and court holidays, the custodian shall release the defendant from custody or bring the defendant forthwith before the court for such appearance.

(1)Defendants Arrested Under a Warrant. Defendants arrested under a warrant issued upon an indictment, an information, or a complaint filed in the Unified Criminal Docket shall be taken before the court. If the arrest is made at a place 100 miles or more from the court designated in the warrant, the defendant arrested, if bail has not been previously set or denied by the court, shall be taken before the nearest available court or, if authorized to set bail for the crime charged pursuant to the Maine Bail Code, before the nearest available bail commissioner, who shall admit the defendant to bail for appearance before the court where the indictment, information, or complaint has been filed. Such appearance should be scheduled for no fewer than 14 days and not more than 42 days after the arrest. A determination of probable cause pursuant to Rule 4A shall not be made.
(2)Defendants Arrested Without a Warrant. Defendants arrested without a warrant shall be taken before the court. The complaint or information shall be filed in the Unified Criminal Docket forthwith. A determination of probable cause shall be made in accordance with Rule 4A unless an indictment has been returned.
(b) Initial Statement of Rights by the Court. When a defendant arrested, either under a warrant issued upon an indictment, an information, or upon a complaint filed in the Unified Criminal Docket or without a warrant is brought before the court or a defendant who has been summonsed appears before the court in response to a summons, the court, in open court, shall, unless waived by the defendant’s counsel, inform the defendant of:

(1) the substance of the charges against the defendant;
(2) the defendant’s right to retain counsel, and to request the assignment of counsel and to be allowed a reasonable time and opportunity to consult counsel before entering a plea;
(3) the right to remain silent and that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant;
(4) the maximum possible sentence, and any applicable mandatory minimum sentence; and
(5) the defendant’s right to trial by jury.

The statement of rights required to be given by this Rule shall be stated live to the defendant in open court by the court, or stated by the court in a video recording viewed by the defendant before his or her first appearance.

(c) Further Statement of Rights by the Court With Respect to Class C or Higher Crimes in the Absence of an Indictment or Information. A defendant charged by complaint with any Class C or higher crime shall not be called upon to plead to that Class C or higher crime, and the defendant shall be advised of the right to apply for a waiver of indictment pursuant to Rule 7(b) and to enter any plea upon a complaint or an information after a waiver is accepted. No defendant charged with murder shall be allowed to plead guilty or nolo contendere before indictment.
(d) Pleas at Initial Appearance. A defendant charged with a Class D or Class E crime (and not charged with related Class C or higher crimes) shall be called upon to plead after that defendant has been provided with the statement of rights required by subdivision (b), unless that defendant has requested a reasonable time and opportunity to consult with counsel.

If a defendant charged with a Class D or Class E crime who is not represented by a lawyer for the day or other counsel pleads “not guilty” or for whom a plea of “not guilty” is entered by the court, the court shall ensure that the defendant is aware of his or her right to trial by jury.

Before accepting a guilty or nolo contendere plea from a defendant charged with a Class D or Class E crime, the court shall comply with the requirements of Rule 11(g).

Before accepting a guilty or nolo contendere plea from a defendant charged with a Class C or higher crime, the court shall comply with the requirements of Rule 11(b).

(e) Assignment of Counsel. When a person is entitled to court-appointed counsel, the court shall assign counsel to represent the defendant not later than the time of the initial appearance, unless the person elects to proceed without counsel. Counsel may be assigned, or a lawyer for the day may be designated, for the limited purpose of representing the person at the initial appearance or arraignment. The determination of indigency and the assignment and compensation of counsel shall be governed by the provisions of Rules 44, 44A, 44B, and 44C.

Me. R. Uni. Crim. P. 5

Last amended effective November 2, 2016.