Maine Statute | Act | Code |Title 15. Court Procedure -- Criminal| US Code - US Statute | Chapter 99. Arrest Warrants (heading. Pl 1991, C. 402, @2 (rpr))

Title 15 - §601. Applicability

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§601. Applicability

The procedures established by this chapter apply to all warrants for the arrest of individuals, including warrants for the arrest of persons charged with the commission of a criminal offense and warrants for the arrest of individuals who have failed to appear or pay a fine. The procedures established by this chapter do not apply to warrants issued by the Governor pursuant to the United States Constitution and the Uniform Criminal Extradition Act for the extradition of fugitives from justice, except that the provisions requiring law enforcement officers to be responsible for the execution of warrants are fully applicable to a Governor's warrant. This chapter does not apply to civil orders of arrest issued pursuant to Title 14, section 3135. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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 - §602. Responsibility to execute arrest warrants

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§602. Responsibility to execute arrest warrants

It is the responsibility of all police and sheriff departments and their officers to use all reasonable efforts to execute any outstanding arrest warrants of which they are aware. It is essential to the integrity of the judicial system that the execution of arrest warrants as orders of the court receive a high priority from all police and sheriff departments and their officers. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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 - §603. Warrant repository

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§603. Warrant repository

The district attorney of each court district shall designate, with the approval of the Chief Judge of the District Court, at least one law enforcement agency that is responsible for the maintenance, administration and retention of attested copies of arrest warrants issued by the courts. If a court district encompasses more than one prosecutorial district, the respective district attorneys shall attempt to agree on the designation of an arrest warrant repository. If the district attorney of a court district fails to designate an arrest warrant repository or the district attorneys are unable to agree to the designation of an arrest warrant repository for a court district, the Attorney General shall make the designation for that court district. The district attorney or attorneys shall notify the District Court and the Superior Court of the location of the arrest warrant repository for arrest warrants in the jurisdiction covered by those courts. All attested copies of arrest warrants issued by the District Court and the Superior Court must be directed to the arrest warrant repository designated for those courts except as otherwise provided by this chapter or by the standards adopted by rule of the Attorney General pursuant to this chapter. The district attorney of each court district shall designate, with the approval of the resident District Court Judge, at least one law enforcement agency that is responsible for the maintenance, administration and retention of attested copies of arrest warrants issued by the courts. If a court district encompasses more than one prosecutorial district, the respective district attorneys shall attempt to agree on the designation of an arrest warrant repository. If the district attorney of a court district fails to designate an arrest warrant repository or the district attorneys are unable to agree to the designation of an arrest warrant repository for a court district, the Attorney General shall make the designation for that court district. The district attorney or attorneys shall notify the District Court and the Superior Court of the location of the arrest warrant repository for arrest warrants in the jurisdiction covered by those courts. All attested copies of arrest warrants issued by the District Court and the Superior Court must be directed to the arrest warrant repository designated for those courts except as otherwise provided by this chapter or by the standards adopted by rule of the Attorney General pursuant to this chapter. [1993, c. 675, Pt. B, §11 (amd).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
PL 1993,
Ch. 675,
§B11 (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 - §604. Criteria for selection of arrest warrant repository

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§604. Criteria for selection of arrest warrant repository

A district attorney shall select an agency that meets the following minimum characteristics to act as an arrest warrant repository. [1991, c. 402, §2 (new).]

1. Communications capability. The agency must have a 24-hour dispatch and communication capability and must connect to the Maine Telecommunications and Radio Operations System by means of certified terminal operators. [1991, c. 402, §2 (new).]

2. Verification. The agency must have the capability and willingness to verify records as requested and perform the mandated verification of National Crime Information Center warrants. [1991, c. 402, §2 (new).]

3. Monitor management. The agency must have the capability and willingness to properly monitor the management of warrants, including:

A. Immediately notifying the originating agency of an arrest on a warrant that the originating agency obtained; [1991, c. 402, §2 (new).]

B. Cooperating with any investigative agency that may hold a warrant for up to 5 days after its issuance; and [1991, c. 402, §2 (new).]

C. Immediately and properly entering and deleting warrant information in the pertinent data base as required. [1991, c. 402, §2 (new).]

[1991, c. 402, §2 (new).]

4. Warrant management. The agency must have the capability and willingness to accept the burden and responsibility of warrant management as a full and equal element of its sworn public duty. [1991, c. 402, §2 (new).]

5. Review by district attorney. The agency must have the capability and willingness to accept regular monitoring and review of its warrant files and procedures by the district attorney or the district attorney's designee and by the court or the court's designee, pursuant to standards adopted by the Attorney General. The district attorney shall regularly review the arrest warrant repository's record of performance with a representative of the court. [1991, c. 402, §2 (new).]

6. Structured plan. The agency must develop a structured warrants management plan designed to maximize the execution of outstanding arrest warrants. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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 - §605. Standards by Attorney General

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§605. Standards by Attorney General

The Attorney General, in accordance with the Maine Administrative Procedure Act, shall adopt standards for the operation of arrest warrant repositories. These standards must include or provide for, but are not limited to, the following. [1991, c. 402, §2 (new).]

1. Copies forwarded to repository. Except as otherwise provided, all attested copies of arrest warrants must be forwarded to the appropriate arrest warrant repository. [1991, c. 402, §2 (new).]

2. Limited physical possession by investigating agency. The investigating law enforcement agency must have the opportunity to physically possess the attested copy of an investigative arrest warrant for the express purpose of execution of the warrant for a period of 72 hours, after which time the attested copy of the warrant must be forwarded to the appropriate arrest warrant repository. For purposes of this subsection and subsection 3, an "investigative arrest warrant" means a warrant for the arrest of a person charged with a criminal offense as distinguished from a bench warrant for failure to appear or pay a fine. [1991, c. 402, §2 (new).]

3. Extended possession by agency. The Attorney General, a district attorney or their designees may permit a law enforcement agency to possess the attested copy of an investigative arrest warrant for a period not to exceed 5 days for the express purpose of execution of the warrant if the Attorney General or the district attorney determines that the likelihood of warrant execution will be substantially increased by permitting a law enforcement agency to possess the warrant prior to forwarding it to the appropriate arrest warrant repository. The investigating agency may seek, and the Attorney General or district attorney or their designees may grant to the investigating agency, permission to possess the warrant for a further period of up to 5 days if the likelihood of warrant execution will be further increased. [1991, c. 402, §2 (new).]

4. Content of warrant. A warrant must contain available information concerning the identity and location of the subject, including, but not limited to, photographs of the subject, the subject's name and last known address identified by town, county and geographic codes, the subject's date of birth and any distinguishing physical characteristics that will aid in the location of the subject and the execution of the warrant. [1991, c. 402, §2 (new).]

5. Computer entry. Upon receipt by the arrest warrant repository, an arrest warrant must be promptly entered in the State's wanted and missing persons computer data base. [1991, c. 402, §2 (new).]

6. National Crime Information Center. A warrant may not be entered in the National Crime Information Center data base without authorization from the Attorney General, a district attorney or their designees, except that the Department of Corrections may enter warrants for violations of parole or probation or for escape. [1991, c. 402, §2 (new).]

7. Storage. Except as otherwise permitted under this chapter, an original warrant must be stored at the issuing court and an attested copy must be stored at the appropriate arrest warrant repository. [1991, c. 402, §2 (new).]

8. Validation by court. A procedure must be established whereby the courts shall validate arrest warrants. [1991, c. 402, §2 (new).]

9. Removal from data base. When arrest warrants are executed, cancelled or recalled, they must be immediately removed from the computer data base by the appropriate arrest warrant repository and the issuing court. [1991, c. 402, §2 (new).]

10. State Police data base. The State Police are responsible for maintaining a computerized data base, including computer entry standards, and administering the warrants data base, including printing and mailing geographical code lists to police agencies and printing and mailing repository validation lists. [1991, c. 402, §2 (new).]

11. Periodic listing of warrants. Each arrest warrant repository must periodically generate lists of all warrants stored at that location, including warrants entered on the State's wanted and missing persons data base, and provide them to the originating agencies and the issuing courts. [1991, c. 402, §2 (new).]

12. Telecommunications system. A procedure governing the entry of warrants through the State Police telecommunications system must be established to require entry when the established criteria are met. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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 - §606. Responsibility of court

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§606. Responsibility of court

The court is responsible for: [1991, c. 402, §2 (new).]

1. Complete information. Issuing warrants with information that is as complete as possible and that maximizes the likelihood that the warrants will be successfully executed; [1991, c. 402, §2 (new).]

2. Copy and original. Issuing only one attested copy of a warrant and maintaining the original; [1991, c. 402, §2 (new).]

3. Directing to repository. Directing all warrants to the appropriate arrest warrant repository; [1991, c. 402, §2 (new).]

4. Notice to repository. Notifying the appropriate arrest warrant repository when arrest warrants have been directed to other agencies in accordance with instructions from the Attorney General or a district attorney in accordance with the standards adopted pursuant to section 605; [1991, c. 402, §2 (new).]

5. Recall notice. Immediately sending recall notices to the appropriate arrest warrant repository or the law enforcement agency holding an attested copy of an arrest warrant; and [1991, c. 402, §2 (new).]

6. Outstanding warrant list. Maintaining an outstanding warrant list. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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 - §607. Rulemaking

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§607. Rulemaking

The Supreme Judicial Court may adopt rules to provide that a person who is the subject of a warrant for the commission of a Class D or Class E crime, the failure to appear for a Class D or Class E crime, a civil violation, or the failure to pay a fine for any offense or for a civil violation who is arrested in a county or district other than the county or district whose court issued the warrant may waive the right to a trial and any objections to venue and return to the court that issued the warrant and plead guilty and be sentenced, pay a fine or otherwise have the matter disposed of by the appropriate court in the arresting district. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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 - §608. Bail commissioners in indigent cases

Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL (HEADING: PL 1991, c. 402, @2 (rpr))
Chapter 99: ARREST WARRANTS (HEADING: PL 1991, c. 402, @2 (rpr))

§608. Bail commissioners in indigent cases

The Chief Judge of the District Court may adopt procedures requiring a bail commissioner to appear and set bail regardless of whether the defendant is indigent and unable to pay the bail commissioner's fee. The Chief Judge of the District Court may also adopt procedures governing the manner in which a bail commissioner is paid in the event an indigent person is released on bail and is unable to pay the bail commissioner's fee. [1991, c. 402, §2 (new).]

Section History:
PL 1991,
Ch. 402,
§2 (NEW).
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

Usa-maine Law Firm / Lawyers Services Provided in Usa-maine :

Usa-maine Divorce Laws, custody, Usa-maine Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-maine Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-maine Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-maine, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-maine, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-maine Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-maine

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.