Maine Waiver of a Preliminary Hearing

State:
Maine
Control #:
ME-SKU-0096
Format:
PDF
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Description

Waiver of a Preliminary Hearing

A Maine Waiver of a Preliminary Hearing is a legal document that is used to waive the right to a preliminary hearing in a criminal case. A defendant has the right to a preliminary hearing in order to determine if there is enough evidence to proceed to trial. The Maine Waiver of a Preliminary Hearing allows a defendant to waive this right and waive the preliminary hearing. The defendant must sign the waiver, as well as the prosecutor and the magistrate. There are two types of Maine Waiver of a Preliminary Hearing: a waiver of arraignment and a waiver of a preliminary hearing. A waiver of arraignment is when the defendant waives the right to be formally arraigned in court and agrees to the charges. A waiver of a preliminary hearing is when the defendant waives the right to have a preliminary hearing and allows the case to proceed to trial.

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FAQ

If you have been served with court papers in a divorce or parental rights and responsibilities case, you may file a written response (called an "answer") within 21 days of when you received the papers. Your answer or response may include a ?counterclaim? (a claim against the plaintiff).

Legal separations are called ?judicial separations? in the Maine courts. They are handled by the Family Division of the District Court. You can apply for judicial separation if you and your spouse have lived separately continuously for at least 60 days.

How much will it cost for me to get divorced in Maine? The cost to file a complaint for divorce in Maine is $120. If the other party does not accept service of the complaint willingly, it is likely to cost an additional $25 to $50 to have the petition served upon the party by the Sherriff.

In Maine, there is a 21-day waiting period before a party to a Maine divorce may be remarried. The 21 days allows either party to the divorce the right to appeal the judge's final decision.

What Does It Mean To ?Waive? My Preliminary Hearing? Although you must attend court on the day of your hearing, you do have the option to ?waive? your hearing, which basically means that you acknowledge that the Commonwealth could meet its burden at this stage and you agree to have your case move forward.

After you have completed and filed the forms with the court, you must arrange to serve the paperwork on the defendant. This means that you must get a copy of the forms to your spouse by official means, like having a sheriff or process server personally hand the divorce documents to your spouse.

In either case, Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing. Your case may take longer than 60 days, especially if you and your spouse do not agree on all issues.

The fee to file a Small Claim is $40 which includes the cost of postage and a mediation fee. Checks or money orders for the $40 filing fee should be made payable to ?Maine District Court?. An essential part of a Small Claims case is notifying the defendant about the case.

More info

The procedure for an accused to waive the right to a preliminary hearing is by: pleading guilty before or at the preliminary hearing, OR. expressly giving up the right to the hearing. By waiving the preliminary hearing, the defendant may prevent the testimony from coming in when the trial rolls around. Stall.Waiver of a Preliminary Hearing. Download Form (pdf, 739. Preliminary hearings are not always required, and the defendant can choose to waive it. The Gist of this Article: Waiving a preliminary hearing requires the agreement of the prosecutor. Generally, a waiver means that the case is headed for some kind of negotiated or open guilty plea or diversionary program. Waiving a preliminary hearing means you give up your right to require the state to put on evidence indicating your guilt. I am the defendant to the criminal action, and I wish to waive my statutory right to a preliminary hearing in this case. You may waive the preliminary hearing if you, your attorney, and the prosecutor reach a plea agreement.

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Maine Waiver of a Preliminary Hearing