Pretrial Basics
This is the first court appearance where bail is set and charges are formally presented.
What is an arraignment?
This type of bail requires money up front and is often used in higher-risk cases.
What is cash bail?
This court conducts Maine felony jury trials and handles serious criminal matters.
What is the Maine Superior Court?
A probationer who violates a condition without committing a new crime has committed this.
What is a technical violation?
Participation in a Maine Treatment Court is considered this type of legal pathway, allowing a defendant to avoid traditional sentencing upon successful completion.
What is post-charge diversion (or alternative sentencing)?
Type of bail that does not require cash but relies on the defendant’s promise to return.
What is personal recognizance (PR) bail?
This factor—not public safety risk—is the primary consideration for Maine bail decisions.
What is the risk of flight/nonappearance?
Issued from a judge when a defendant fails to appear, this order authorizes their arrest and return to court.
What is a bench warrant?
A court-ordered probation where a judge postpones entering a guilty verdict, allowing the defendant to avoid a conviction by completing specific requirements.
What deferred adjudication?
The tool case managers use to determine a client’s criminogenic needs and risk level.
What is the LSI-R or LSI-SV? We also use the ODARA and IDA if they carry a specific charge.
This type of non-custodial process allows law enforcement to charge a person without detaining them, often used for misdemeanors.
What is a summons or citation in lieu of arrest?
A written order outlining a defendant’s restrictions, court dates, and obligations after first appearance is called this.
What is a bail bond / conditions of release form?
This court decision ends a criminal case without a trial when both sides agree.
What is a plea agreement?
A jail sentence followed by a period of probation is known in Maine as this.
What is a split sentence (condition time)?
If the legal parties on the team cannot come to a plea agreement on an applicant who is otherwise eligible by judge/team, the court should move to this type of hearing. It sometimes requires an open plea.
What is contested sentencing (admission) hearing?
This pretrial motion seeks to exclude evidence obtained in violation of constitutional protections.
What is a motion to suppress?
Maine courts use this term for evaluating whether a financial condition is set so high or when a supervision condition is too restrictive it becomes unconstitutional detention.`
What is “excessive bail”? (Eighth Amendment and Title 15 considerations)
The State must provide this level of evidence to establish that a Maine defendant violated bail conditions at a review hearing.
What is probable cause? (M.R.U. Crim. P. & Title 15)?
Revocation hearings for probation violations use this lower evidentiary standard, not “beyond a reasonable doubt.”
What is a preponderance of the evidence?
Maine Treatment Courts rely on this type of sanctioning strategy that increases in intensity with repeated noncompliance.
What is graduated sanctions (magnitude of responses)?
A strategic planning tool that helps communities divert individuals with mental and substance use disorders away from the criminal justice system and into treatment.
What is the sequential intercept model?
This type of bail is set when a defendant is already serving a sentence or is in custody on another matter, preventing release even if bail is posted.
What is “bail set but hold” (or “held without release due to another detainer”)?
When a plea agreement is submitted, the state prosecutor must inform the court of any attempts to notify victims, any objections from victims, and may allow the victim to address the court if they are present.
What is a Rule 11 hearing?
This term describes a case resolution where the defendant enters a plea, but sentencing is postponed while they meet conditions.
What is a deferred disposition?
Unlike the traditional legal system where opposing parties contest legal issues, a treatment court team works together to help the participant achieve sobriety and address the underlying issues that led to their involvement with the justice system.
What is the non adversarial team approach?