Bail Bond Process in Maine

After an arrest and criminal charge in Maine, a defendant’s first court appearance may be to apply for bail at the arraignment and bail hearing.

The process of securing a bail bond is governed by the Maine Bail Code, but it can be confusing for some defendants. Let’s take a look at what the bail bond process involves so that defendants understand who is eligible for bail, what to expect during the hearing, and what happens after being granted bail in Maine.

What is a bail bond in Maine’s criminal justice system?

A bail bond is a financial guarantee that the defendant will return to court for scheduled hearings after being released from custody. In basic terms, bail is a contract between the defendant and the state of Maine (the prosecution).

A suspect is arrested, brought into custody, and booked before being incarcerated. The first appearance or court hearing typically involves a formal reading of the charges to the defendant, and a bail decision is made—unless bail was set earlier by a bail commissioner. The decision is based mainly on the seriousness of the charge, whether the person is a flight risk, past criminal history, community ties, any past failures to appear, and the risk to public safety.

If a defendant is granted bail, the bail bond is usually set at a certain amount of cash or collateral. The state may propose terms of release, but a judge will ultimately decide the precise conditions.

The defendant will then be released into the community and expected to follow all conditions while the case progresses through the criminal justice system.

Who is eligible for bail bond in Maine?

Almost everyone not yet convicted of a crime in Maine has the right to bail but, due to the financial requirements of a bail bond, many people cannot afford to arrange their release from detention.

Unlike in some states, the entire amount of bail must be posted to secure a defendant’s release. Commercial bail bondsmen/bail agents are not permitted in Maine. So, even defendants with relatively minor Class D or E crimes (misdemeanors) may spend time in jail unnecessarily because of financial restrictions.

Bondable charges include most Class D and E crimes, such as theft, OUI, assault, criminal mischief, disorderly conduct, etc., as well as most felonies (Class C, B, and many Class A crimes), such as burglary, robbery, drug trafficking, aggravated assault, etc.

What charges can a bail bond be denied for?

Bail is not guaranteed and can be denied in the following situations:

• Capital offenses (e.g., murder or crimes punishable by life imprisonment), where bail is usually denied if the evidence is strong.
• Probation or bail violations, where someone arrested for violating conditions may be held without bail until a hearing.
• High-risk defendants, where the court finds that no bail conditions would reasonably protect the public or ensure appearance in court (they are deemed a “flight risk”).

Types of bail or bond available after arrest in Maine

Not every bail case involves the full payment of a bond amount in Maine. As referred to earlier, a bail commissioner may visit a defendant and negotiate with the defense attorney about the conditions of release before a judge’s first appearance in certain circumstances.

A “de novo bail review” may be requested if bail was set by a bail commissioner or judge and the defendant is held in jail because the bail is unaffordable.

The three most common types of bail bonds in Maine are:

1.    Personal recognizance

If the court accepts the defendant’s promise to return to court and follow all the required conditions, the individual can be released on personal recognizance.

2.    Unsecured bail

Unsecured bail is where a cash amount is stipulated, but not collected unless the defendant fails to show up for the next court hearing or breaks the conditions of release.

3.    Secured bail

This is the most common type of bail bond, where cash or other collateral is requested by and paid to the court for the release of the defendant.

What are the typical bail/bond conditions in Maine?

The main condition of any bail arrangement is that the defendant must attend court on the designated day.

Aside from this, the precise conditions set by judges vary from case to case. Restrictions are usually applied according to the nature of the alleged offense and the circumstances surrounding its commission. Some examples of typical bail conditions include:

• A ban on possessing dangerous weapons.
• No consumption or possession of alcohol.
• Undergoing house arrest.
• The imposition of a curfew.
• Installation of an electronic monitoring system.
• No contact with certain people.
• Regular check-ins with relevant authorities.

What happens if a defendant cannot make bail or breaches bail conditions?

Defendants who cannot post the bail bond will have to sit out the time between the arrest/charge and the trial in confinement. Pretrial investigations can take a great deal of time, and defendants may spend months in jail.

A defendant who is caught breaching the conditions of bail is likely to lose their freedom and be returned to jail until the trial date. If bail is posted and the conditions are violated, the bail can also be forfeited.

Returning to jail can have serious consequences for a defendant’s employment, education, personal life, family responsibilities, etc. Relationships, marriages, and parenting duties may all be affected as well.

The intervention of a criminal defense attorney early in the criminal investigation, arrest, and charge process is essential to prevent such unwanted consequences with the bail process.

A lawyer may be able to help the defendant post bail and secure release before work on the defense begins in earnest. This is the first step in limiting the consequences for the future. A prompt release from jail also creates more time to focus on building a strong defense while the defendant can continue with daily life as normally as possible in the circumstances.

For experienced legal help with any criminal matter, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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