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USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 101. ISSUE OF PROCESS AND ARREST
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Title 15 - §701. Criminal prosecutions by indictment; excepted cases
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§701. Criminal prosecutions by indictment; excepted cases
No person shall be held to answer in any court for an alleged offense, unless on an indictment found by a grand jury, except
for contempt of court and in the following cases:
1. Use of charging instrument other than an indictment. When a prosecution utilizing a charging instrument other than an indictment is expressly authorized by rule of court; or
[1997, c. 4, §1 (rpr).]
2. District Courts and courts martial. In proceedings before the District Court, the District Court acting as a juvenile court and courts martial.
Section History:
PL 1971,
Ch. 544,
§49
(AMD).
PL 1979,
Ch. 663,
§94
(AMD).
PL 1997,
Ch. 4,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §702. Justices, judges and justices of the peace may issue processes
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§702. Justices, judges and justices of the peace may issue processes
The Justices of the Supreme Judicial Court and of the Superior Court, Judges of the District Court and justices of the peace
may issue processes for the arrest of persons charged with offenses. For purposes of this section and section 706, full faith
and credit must be given to offenses subject to the exclusive jurisdiction of the Passamaquoddy Tribe or the Penobscot Nation
under the terms of Title 30, section 6209-A or 6209-B.
[1995, c. 388, §4 (amd); §8 (aff).]
Section History:
PL 1965,
Ch. 356,
§20
(AMD).
PL 1987,
Ch. 736,
§21
(AMD).
PL 1991,
Ch. 484,
§6
(AMD).
PL 1995,
Ch. 388,
§4
(AMD).
PL 1995,
Ch. 388,
§8
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §703. Officer's oath to complaint
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§703. Officer's oath to complaint
When it is the duty of an officer to make complaint before any judge, clerk or justice of the peace, he may make oath to it
according to his knowledge and belief.
[1987, c. 736, §22 (amd).]
Section History:
PL 1965,
Ch. 425,
§9
(AMD).
PL 1987,
Ch. 736,
§22
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §704. Arrests without warrant; liability
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§704. Arrests without warrant; liability
Every sheriff, deputy sheriff, constable, city or deputy marshal, or police officer shall arrest and detain persons found
violating any law of the State or any legal ordinance or bylaw of a town, until a legal warrant can be obtained and may arrest
and detain such persons against whom a warrant has been issued though the officer does not have the warrant in his possession
at the time of the arrest, and they shall be entitled to legal fees for such service; but if, in so doing, he acts wantonly
or oppressively, or detains a person without a warrant longer than is necessary to procure it, he shall be liable to such
person for the damages suffered thereby.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §705. Arrests in other counties
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§705. Arrests in other counties
When a person charged with an offense in any county, before or after the issue of the warrant, removes, escapes or is found
out of it, the officer having the warrant may pursue and arrest him in any other county and command aid as in his own county.
[1965, c. 356, § 21 (amd).]
Section History:
PL 1965,
Ch. 356,
§21
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §706. District Court; warrants
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§706. District Court; warrants
Judges of District Courts have all authority and powers formerly granted by law to judges of municipal courts.
[1999, c. 368, §1 (amd).]
div>
When a complaint or an information charging a person with the commission of an offense, or a duly authenticated arrest warrant
issued by the Tribal Court of the Passamaquoddy Tribe or the Penobscot Nation, is presented to any Judge of the District Court,
to a justice of the peace or to any other officer of the District Court authorized to issue process, the judge, justice of
the peace or other officer shall issue a warrant in the name of the District Court for the arrest of that person, in that
form and under the circumstances that the Supreme Judicial Court provides by rule. A clerk of the District Court may accept
a guilty plea upon payment of fines as set by the judge.
[1999, c. 368, §1 (amd).]
div>
A Judge of the District Court may try those brought before the judge for offenses within the judge's jurisdiction, although
the penalty or fine accrues wholly or partly to the municipality of which the judge is a resident.
[1999, c. 368, §1 (amd).]
Section History:
PL 1965,
Ch. 356,
§22-24
(AMD).
PL 1987,
Ch. 736,
§23
(AMD).
PL 1991,
Ch. 484,
§7
(AMD).
PL 1999,
Ch. 368,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §707. Certain District Court clerks may issue process (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§707. Certain District Court clerks may issue process (REPEALED)
Section History:
PL 1965,
Ch. 356,
§25
(NEW).
PL 1981,
Ch. 456,
§A57
(AMD).
PL 1987,
Ch. 736,
§24
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §708. Preparation of complaints
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 101: ISSUE OF PROCESS AND ARREST
§708. Preparation of complaints
The clerk may, in the absence or unavailability of a justice of the peace or of a prosecuting attorney or any of his assistants,
prepare and draft complaints upon the request of any law enforcement officer, except that no complaint shall issue to any
person who is not a law enforcement officer or for any criminal homicide or Class A, B or C crime unless approved by the district
attorney or his designee or the Attorney General or his designee.
[1987, c. 736, §25 (amd).]
div>
Except in prosecutions instituted by the Attorney General or his designee, the district attorney or his designee shall, whenever
practical, prepare all complaints for criminal homicide and Class A, B and C crimes and for all complainants who are not law
enforcement officers. No complaint shall be filed nor process issued until such time as the complainant has made oath to the
complaint or process before the proper official.
[1977, c. 579, § E, § 1 (new).]
div>
Each district attorney shall establish written guidelines for the approval of issuance of complaints pursuant to this section.
In those guidelines, the district attorney may extend the above procedure to Class D and E crimes, provided that the approval
of the district attorney shall not be necessary for any complaint issued with the approval of the Attorney General or his
designee.
[1977, c. 579, § E, § 1 (new).]
div>
Whenever a complaint is not approved for prosecution by the district attorney or his designee, or the Attorney General or
his designee, he shall, if requested, inform the complainant, orally or in writing, of the reasons therefor.
[1977, c. 579, § E, § 1 (new).]
Section History:
PL 1969,
Ch. 504,
§24-I
(NEW).
PL 1973,
Ch. 567,
§20
(AMD).
PL 1977,
Ch. 579,
§E1
(RPR).
PL 1987,
Ch. 736,
§25
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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