An Overview Of The Maine Judicial System

Like other states, Maines judicial system has its own guidelines to handle various levels of crime.
Divided into civil and criminal, Maines laws are divided into civil and criminal, then separated according to
classes. Class A, B, and C crimes are considered felonies (Class A being the most severe), and Class D
and E crimes are considered misdemeanors. The severity of the crime and punishment correspond with the
class, however a judge may alter the punishment.

Prison/Jail Sentence

Fines

Class A

Up to 40 years

Up to $50,000

Class B

Up to 10 years

Up to $20,000

Class C

Up to 5 years

Up to $5,000

Class D

Up to 1 year

Up to $2,000

Class E

Up to 6 months

Up to $1,000

Felonies

Misdemeanors

If you have any questions or concerns about the types of cases that actually head into court in Maine, you
should refer to the Judicial Branch Citizens Guide. This guide was published to help citizens and is
available online and in the administrative offices at the courts.

Civil Violations
Civil violations are not as severe and generally do not require jail time. Fines are considered compensation
and not punishment and are measured in terms of money, property, or other sanctions (but if a person fails
to pay the fine, additional fines, fees, and/or penalties may be applied). However, a civil matter may not
keep its classification if it is brought to court with additional violations of the law. If a criminal law is found to
have been violated, a conviction would carry the classifications punishments. Maine does not impose the
death penalty.

Criminal Defense
The Criminal Law system in Maine enforces all laws
specific to the state. When the law is broken, criminal
cases most likely lead to incarceration, which is why you
should retain a criminal defense attorney.
The laws are published annually, within 90 days of the
culmination of legislative sessions. The Maine Criminal
Code 17-A is broken down into four parts: General
Principles, Substantive Offenses, Sentencing, and the
Revision of Criminal Laws. (The Revisers Office cannot
interpret the law nor give out legal advice, as this needs to
come from a qualified attorney.)

Answers to Common Maine Criminal Law Questions

How do I deal with law enforcement?
The most important thing to do when you are under suspicion of committing a violation is to remain calm.
The police officer has detained you because they have reason to believe a law was violated and is following
protocol. Refrain, at all costs, from becoming angry or violent. This will only make the situation worse and
could escalate to other charges. It also will not help your case.
Make sure you are always honest when being questioned. If you withhold information or give a false
statement, you will be guilty of a Class E misdemeanor and could also be arrested at the discretion of the
officer. Refusing to sign an issued summons is also a Class E misdemeanor, as is failing to appear in court,
at which time an arrest warrant will also be issued.
Make sure you are timely, well dressed, and well behaved when appearing before court. Anything other
than being perfectly polite and honest could reflect badly upon you. You will also want to bring supplemental
documents to support your plea.
When do I call a lawyer?
You should look to retain a lawyer as soon as you realize that you are being investigated or think you
committed a crime. A lawyer can help from the start, educating you on your rights, preventing an arrest or
arranging your surrender.
If you have been arrested, cooperate and be polite, but invoke your right to an attorney ASAP before you
say anything. They can help protect you from incriminating yourself during questioning.
How much does a lawyer cost?
The cost of a lawyer depends on the case and the charges. There is usually a free initial consultation to
assess your case and determine the fee, which is normally a single fee for the entire case, but on rare
occasion, separate fees may be set for different stages of the case. When meeting with your lawyer, do not
be afraid to ask all of the questions you may have and keep in mind that what you say is protected by
attorney-client privilege.

Why do I need a lawyer if I am innocent?

Even if you are innocent, you should still retain a lawyer. Innocent people are accused crimes, and people
who may have committed one crime are accused of another that they did not commit. It is a good idea to
have a lawyer to formulate a response to the charge.
What is bail?
Bail is the money that the court determines you must deposit to ensure that you will return for your court
hearing. Maine does not use the bail bond system and instead sets bail in a cash amount, though you may
post property equivalent to the bail amount. If you show up, bail is returned at the end of the case even if
convicted. Bail is not returned if you try to run or do not show up.
What happens when I am taken to county jail after being arrested?
When taken to jail, you will be fingerprinted and photographed, then will either be released or must wait for
bail to be set.

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