Maine Bail Laws

1. Applicable Statutes.

A. MAINE REVISED STATUTES ANNOTATED TITLE 15. COURT PROCEDURE—CRIMINAL PART 2. PROCEEDINGS BEFORE TRIAL CHAPTER 105-A. MAINE BAIL CODE SUBCHAPTER V. ENFORCEMENT ARTICLE 1. GENERAL PROVISIONS § 1094. Forfeiture of bail; enforcement

B. MAINE RULE OF CRIMINAL PROCEDURE, RULE 46. CERTAIN PROCEDURAL PROVISIONS GOVERNING BAIL  (f) Forfeiture.

2. Licensing Requirements for Agents.

*** Maine’s statutes currently do not contain regulations for regarding the licensing of bail bond recovery or bail enforcement agents. The closest equivalent in the ME statutes are the provisions on "sureties."***

1. MAINE REVISED STATUTES ANNOTATED TITLE 4. JUDICIARY CHAPTER 23. MISCELLANEOUS PROVISIONS § 1054. Surety bonds authorized in civil and criminal cases

• In any civil or criminal action or mesne process or other process where a bail bond, recognizance or personal sureties or other obligation is required, or whenever any person is arrested and is required or permitted to recognize with sureties for his appearance in court, the court official or other authority authorized by law to accept and approve the same shall accept and approve in lieu thereof, when offered, a good and sufficient surety bond duly executed by a surety company authorized to do business in this State.

2. MAINE REVISED STATUTES ANNOTATED TITLE 15. COURT PROCEDURE—CRIMINAL PART 2. PROCEEDINGS BEFORE TRIAL CHAPTER 105-A. MAINE BAIL CODE SUBCHAPTER IV. SURETIES AND OTHER FORMS OF BAIL § 1072. Responsibility of sureties

· Preconviction. Each surety for a defendant admitted to preconviction bail is responsible for the appearance of the defendant at all times as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal conduct, until a verdict or finding or plea of guilty or until the acceptance of a plea of guilty or nolo contendere, unless the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073 (see section #10 below). A preconviction surety is not responsible for the appearance of a defendant after conviction nor for the defendant's compliance with the conditions of release, unless the surety has agreed to act as postconviction surety.

· Post-conviction. Each surety for a defendant admitted to bail after conviction is responsible for the defendant's appearance at all times until the defendant enters into execution of any sentence of imprisonment as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal conduct, unless the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073 (see section #10 below).

3. (See also) MAINE REVISED STATUTES ANNOTATED TITLE 15. COURT PROCEDURE--CRIMINAL PART 2. PROCEEDINGS BEFORE TRIAL CHAPTER 105-A. MAINE BAIL CODE SUBCHAPTER IV. SURETIES AND OTHER FORMS OF BAIL § 1071. Sureties to make statement of property

3. Notice of Forfeiture

1. MAINE REVISED STATUTES ANNOTATED TITLE 15. COURT PROCEDURE—CRIMINAL PART 2. PROCEEDINGS BEFORE TRIAL CHAPTER 105-A. MAINE BAIL CODE SUBCHAPTER V. ENFORCEMENT ARTICLE 1. GENERAL PROVISIONS § 1094. Forfeiture of bail; enforcement

• When a defendant who has been admitted to either preconviction or post- conviction bail in a criminal case fails to appear as required or has violated the conditions of release, the court shall declare a forfeiture of the bail. The obligation of the defendant and any sureties may be enforced in such manner as the Supreme Judicial Court shall by rule provide and in accordance with section 224-A. The rules adopted by the Supreme Judicial Court must provide for notice to the defendant and any sureties of the consequences of failure to comply with the conditions of bail. If the obligation of the defendant or any surety has been reduced to judgment pursuant to the Maine Rules of Criminal Procedure, Rule 46 (see below, this section), the following provisions apply to the enforcement of the obligation.

· Execution. The court shall issue an execution of the judgment once the judgment has become final by the expiration of the time for appeal, by dismissal of an appeal or on certificate of decision from the Supreme Judicial Court, unless the court that rendered judgment on the bail obligation has pursuant to rule ordered execution at an earlier time. The execution of the judgment is returnable within one year after issuance.

· Lien on real estate, personal property and motor vehicles. An execution issued under this section creates the lien described in Title 14, section 4651- A, if properly filed according to that section. A filing or recording fee may not be charged for any execution issued under this section.

· Relation back of liens. The effective date of any execution lien created on any property pursuant to this section and Title 14, section 4651-A relates back to the date when a bail lien, as described in section 1071, was first filed or recorded in the proper place for the perfection or attachment of the lien. The relation back applies only to that portion of the bail obligation that the bail lien secured when it was recorded or filed. The remainder of the execution lien and the full amount of any execution lien created when no bail lien was ever recorded or filed, is effective and perfected from the date of the recording or filing of the execution. Any lien created pursuant to this section and Title 14, section 4651-A continues as long as the judgment issued on the bail obligation or any part of the bail obligation, plus costs and interest, has not been paid, discharged or released.

2. MAINE RULE OF CRIMINAL PROCEDURE, RULE 46. CERTAINPROCEDURAL PROVISIONS GOVERNING BAIL

(f) Forfeiture.

• Declaration. If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail and give prompt notice to the obligors.

4. Allotted Time between Forfeiture Declaration and Payment Due Date.

1. MAINE RULE OF CRIMINAL PROCEDURE, RULE 46. CERTAIN PROCEDURAL PROVISIONS GOVERNING BAIL

(f) Forfeiture.

• Enforcement. When no motion to set aside a forfeiture has been made within 30 days of notice of the declaration of forfeiture, the court shall enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the court and their liability may be enforced on motion without the necessity of an independent action.

5. Forfeiture Defenses.

A. MAINE RULE OF CRIMINAL PROCEDURE, RULE 46. CERTAIN PROCEDURAL PROVISIONS GOVERNING BAIL

(f) Forfeiture.

· Setting Aside. The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.

· Exoneration. When the condition of the bond has been satisfied, the court shall exonerate the obligors and release any bail.

6. Remission.

A. MAINE RULE OF CRIMINAL PROCEDURE, RULE 46. CERTAIN PROCEDURAL PROVISIONS GOVERNING BAIL

(f) Forfeiture.

• Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision.

7. Bail Agent’s Arrest Authority.

1. MAINE REVISED STATUTES ANNOTATED TITLE 15. COURT PROCEDURE—CRIMINAL PART 1. CRIMINAL PROCEDURE GENERALLY CHAPTER 11. SECURITY TO KEEP THE PEACE § 290. Sureties may surrender principals; new recognizances

• Any surety in a recognizance taken under this chapter may surrender the principal the same as bail in civil cases, and he shall thereupon be discharged from liability for any subsequent breach of the recognizance. The principal may recognize anew with sufficient sureties for the residue of the term before a judge, and then be discharged.

8. Other Noteworthy Provisions.

A. MAINE STATUTES TITLE. 14 § 754.

One year 8MEP

• No action shall be commenced against bail unless within one year after judgment was rendered against the principal; nor against sureties on bonds in criminal cases unless within one year after default of the principal; nor against any person adjudged trustee, unless within one year from the expiration of the first execution against the principal and his goods, effects and credits in the hands of the trustee. No action in behalf of the State against sureties in criminal cases shall be brought unless within one year after default of the principal.

2. MAINE REVISED STATUTES ANNOTATED TITLE 15. COURT PROCEDURE—CRIMINAL PART 2. PROCEEDINGS BEFORE TRIAL CHAPTER 105-A. MAINE BAIL CODE SUBCHAPTER IV. SURETIES AND OTHER FORMS OF BAIL § 1073. Termination of surety or cash bail agreement

• A person who has agreed either to act as surety or to deposit cash bail for a defendant who has been admitted to preconviction bail may terminate the agreement by appearing before the clerk of the court having jurisdiction over the offense with which the defendant is charged and executing a statement under oath terminating the agreement. The statement must include a certification by the person that the person has notified the defendant or the defendant's attorney of the person's intention to terminate the agreement. A person may not terminate a cash bail agreement unless the person has been designated as the owner of all of the cash as required by section 1074.

3. MAINE REVISEDSTATUTES ANNOTATED TITLE 15. COURT PROCEDURE—CRIMINAL PART 2. PROCEEDINGS BEFORE TRIAL CHAPTER 105-A. MAINE BAIL CODE SUBCHAPTER IV. SURETIES AND OTHER FORMS OF BAIL § 1073-A. Precondition to forfeiture of cash or other property of surety if a defendant violates a condition of release; notice

• Precondition. A person responsible for a defendant's compliance with each condition of release under section 1072 and who has agreed to act as surety or has deposited cash bail for a defendant who subsequently is admitted to preconviction or post-conviction bail and fails to comply with each condition of release must be absolved by the judge or justice of the responsibility to pay the bond and must have returned the deposited cash bail unless the person had, on a prior occasion, acted as surety or deposited cash bail for the defendant's compliance with each condition of release and that defendant on that prior occasion failed to comply with each condition.
• Notice. Prior to a hearing under section 1096 or 1099, the attorney for the State shall make a good faith effort to give a surety notice of the upcoming hearing and notice that the result of that hearing may affect whether or not the surety may wish to continue to act as surety. At that hearing, the court shall orally advise the surety of the consequences of subsection 1 if:

· The surety is present;

· The court finds that the defendant violated a condition of release; and

· The court finds that the defendant's bail should be reset.

9. Noteworthy State Appellate Decisions.

A. State v. Ellis

272 A.2d 357 Me.

Jan 11, 1971

• State filed motion for judgment of default and issuance of execution against principal and surety on bail bond. The Superior Court, Penobscot County , entered judgment of default in sum of $15,000, the amount of bond and, upon subsequent motion, remitted $10,000 and sureties appealed. The Supreme Judicial Court, Pomeroy, J., held that where information as to whereabouts of Fugitive reached sureties more than hour before it was given to Court in forfeiture proceeding and justice who ordered remission had before him an estimate of cost to State resulting from breach of conditions of bond, remission of less than whole amount was not an abuse of his discretion.  Appeal denied.

2. State v. Williams

730 A.2d 677, 1999 ME 82 Me.

May 28, 1999

• Defendant, who was charged for drug trafficking and possession, appealed from an order of the Superior Court, Androscoggin County, Calkins, J., forfeiting his preconviction bail for violation of condition of release. The Supreme Judicial Court, Dana, J., held that: (1) declaration of forfeiture of bail is not a final judgment for purposes of appeal, and (2) appeal was precluded absent defendant's motion to set aside enforcement and entry of default judgment.  Appeal dismissed.

10. Bounty Hunter Provisions.

At this time, there appear to be no specific regulations for "Bounty Hunters" in the Maine statutes.