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Home > How to Post Bail in Maine: 5 Things to Know

How to Post Bail in Maine: 5 Things to Know

Maine law says every defendant is entitled to bail to be determined by a Bail Commissioner, except in the following situations: a case that involves violation of a protection from abuse order; felony assault; any felony sexual assault charge; kidnapping, criminal restraint involving a child under the age of 8 and most domestic felony charges. Bail isn't necessarily denied in those situations. Instead, a bail hearing before a judge must be held to determine if bail is proper. Here are 5 things to know if you need to post bail in Maine.

 

  1. 5 Ways to Get Out of Jail


Personal recognizance – The defendant pays no money and instead signs a contract agreeing to show up for all court hearings. The prosecutor may decide to include conditions that the defendant must follow – such as house arrest or staying away from the victim in the case.

Cash bond – This option is used most often for misdemeanors with bail amounts that aren’t too excessive. The defendant, or a co-signor, must post the entire amount of the bail. The money is returned, minus any court fees or charges, if the defendant shows for all court hearings. If the defendant misses a court hearing, the cash goes to the state.

Unsecured bond – This is similar to personal recognizance except that a bail amount is set. The defendant is not required to post that bond in order to be released from jail. However, if the defendant does not show up for all scheduled court hearings, the bail must be paid.

Surety bond – Since there are no private bail bond companies in the state, a surety bond is most often used for a higher bond amount. The defendant can post property, if the arrangement is approved by the judge. The property must be located in the state and the equity in the property must at least equal the amount of bail. A lien will be recorded in the Registry of Deeds.

Supervision Contract – This is fairly common in Maine and is used by judges to give defendants more incentive to show up in court. The supervision comes from Maine Pretrial Services, which requires defendants to check in on a regular basis and to perform community service or attend alcohol education if necessary. A common bail with a supervision contract might require the defendant to pay $500 in bail and to follow the stipulations of a supervision contract.

  1. How to Get Bail


In Maine, property is more commonly used to secure a defendant’s release, which involves quite a bit of paperwork and takes more time than simply posting a cash bond, for example. Defendants are allowed to make a call after being booked into jail and can request help with bail from a relative or friend.

  1. What Will Bail Cost


There is no premium to be paid to a bail bond agent since private bail is not allowed in Maine. There are some fees and court charges involved, including a $60 fee from the Bail Commission in every case. The only other cost occurs if a defendant violates bail conditions or does not show up for a scheduled hearing.

  1. How Long Will I Stay in Jail


Maine law says a defendant cannot be held more than 48 hours, excluding weekends and holidays, to have an initial hearing. That’s when bail is set by a Bail Commissioner, although for some more serious felonies, bail cannot only be set by a state judge. If the offense is a misdemeanor and the defendant can afford cash bail or the amount of cash in a supervision contract, the process of bonding out of jail often takes only a few hours. If the crime is more serious, it can take a day or two to have a hearing before a state judge.

  1. What if I Miss a Court Appearance


The court will keep any bail that was paid, whether for a cash bond or as part of a supervision contract. With an unsecured bond, the amount of bail set will immediately become due either from the defendant or a co-signor. Additionally, the court will issue a warrant for the arrest of the defendant on the original charge and on the separate charge of failure to appear. If the original charge was a felony, the failure to appear charge is also a felony.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Maine: 5 Things to Know

Maine law says every defendant is entitled to bail to be determined by a Bail Commissioner, except in the following situations: a case that involves violation of a protection from abuse order; felo...more

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