Maine Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment) is a legal procedure in which the accused waives their right to a preliminary hearing to determine whether they should be bound over for trial. In a Maine Waiver of Rule 5 & 5.1 Hearing, an accused person may waive their right to a preliminary hearing and instead have their case heard directly by a grand jury. This waiver is often made in exchange for a reduction in charges or a favorable plea bargain. There are two types of Maine Waiver of Rule 5 & 5.1 Hearings: Complaint Waivers and Indictment Waivers. In a Complaint Waiver, the accused waives their right to a preliminary hearing and instead has their case heard directly by the prosecutor. The prosecutor then decides whether to press charges or make a plea offer. In an Indictment Waiver, the accused waives their right to a preliminary hearing and instead has their case heard directly by a grand jury. The grand jury then decides whether to indict or dismiss the case.
Maine Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment)
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Rule 6 - The Grand Jury (a) Number of Grand Jurors. The grand jury shall consist of not fewer than 13 nor more than 23 jurors and a sufficient number of legally qualified persons shall be summoned to meet this requirement.
A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made for the purpose of diagnosing or treating the patient's physical, mental, or emotional condition, including alcohol or drug addiction, between or among the patient and: (1) The patient's
Rule 41 - Search and Seizure (a) Scope. This Rule does not modify any special statutory provision regulating search, seizure, or the issuance and execution of search warrants. (b) Authority to Issue a Search Warrant. A search warrant may be issued by the court or a justice of the peace as authorized by law.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
If service is made by a person other than a sheriff or the sheriff's deputy or another person authorized by law, that person shall make proof thereof by affidavit. The officer or other person serving the process shall endorse the date of service upon the copy left with the defendant or other person.
(1)In General. A defendant may plead not guilty, not criminally responsible by reason of insanity, guilty, or nolo contendere. A defendant may plead both not guilty and not criminally responsible by reason of insanity to the same charge. The court may refuse to accept a plea of guilty or nolo contendere.
RULE 5. INITIAL PROCEEDINGS IN THE UNIFIED CRIMINAL DOCKET (a) Initial Appearance Before the Court. (b) Initial Statement of Rights by the Court. (c) Further Statement of Rights by the Court With Respect to Class C or Higher Crimes in the Absence of an Indictment or Information.
(1) If there is unnecessary delay in bringing a defendant to trial, the court may upon motion of the defendant or on the court's own motion dismiss the indictment, information, or complaint. The court shall direct whether the dismissal is with or without prejudice.