Rule 74 – Bail Pending Final Disposition of the Petition

May 13, 2021 | Criminal Procedure, Maine

(a) Application to the Court. A petitioner may apply to the court for bail pending final disposition.
(b) Standards Governing Bail. The court may order the release of the petitioner on bail if:

(1) the court is satisfied, on the basis of the pleadings, or the pleadings supplemented by any evidence received at a hearing on the petition pursuant to Rule 73, that the petitioner has a reasonable likelihood of prevailing on the petition;
(2) release on bail is appropriate given the crime and the nature of the ultimate relief contemplated by the court if the petitioner were to prevail; and
(3) the standards and conditions governing bail contained in 15 M.R.S. ยง1051(2) and (3) are satisfied.
(c) Revocation of Bail Pending Final Disposition of Petition. The court may revoke an order of bail granted pending final disposition of the petition upon determination made after notice and opportunity for hearing that

(1) The petitioner has violated a condition of bail or
(2) The petitioner has been charged with a crime allegedly committed while the petitioner was on release pending final disposition of the petition.

Me. R. Uni. Crim. P. 74

Last amended effective November 2, 2016.