If you are a part of a civil case in Maine, the court is the Maine District Court or the Maine Superior Court. If you are accused of criminal charges in Maine, your case is heard at the Maine Unified Criminal Docket. I am a licensed Maine Lawyer who can help you in both types of cases. Regardless if you are facing civil matters or criminal charges in Maine, it is a good idea to understand how Court procedures work.
The Most Widely Used Court Procedure in Maine
If you are facing criminal charges in Maine, the Court procedure will be the Unified Criminal Docket, and I have a separate article that describes that procedure in detail.
District Court Locations
Within Maine, there are one or more District Courts within each county. Maine District Courts hear civil matters including Protection from Abuse (PFA) and Protection from Harassment (PFH) cases, family law cases including divorce and Parental Rights and Responsibilities (PR&R), Landlord/Tenant matters including eviction and Forcible Entry and Detainer (FED), Small Claims, and civil violation matters, among others. Juvenile criminal charges are also technically under the umbrella of the Maine District Court. Cases in the District Court are heard in front of a Judge.
In Maine, there are District Courts located in the following towns: Augusta, Bangor, Belfast, Biddeford, Bridgton, Calais, Caribou, Dover-Foxcroft, Ellsworth, Farmington, Fort Kent, Houlton, Lewiston, Lincoln, Machias, Madawaska, Millinocket, Newport, Portland, Presque Isle, Rockland, Rumford, Skowhegan, South Paris, Springvale, Waterville, West Bath, Wiscasset, and York.
Superior Court Locations
Each County in Maine typically has one Superior Court location. Maine Superior Courts are where larger civil action claims begin. Examples of civil causes of action in Maine include personal injury, negligence, and many others. A civil case of this type also include damages, which is compensation for the injuries incurred.
Maine Superior Courts located in the following Counties: York (Alfred), Androscoggin (Auburn), Kennebec (Augusta), Penobscot (Bangor), Sagadahoc (Bath), Waldo (Belfast), Aroostook (Caribou and Houlton), Piscataquis (Dover-Foxcroft), Hancock (Ellsworth), Franklin (Farmington), Washington (Machias), Cumberland (Portland), Knox (Rockland), Somerset (Skowhegan), Oxford (South Paris), and Lincoln (Wiscasset).
About Maine District Courts
Maine District Courts are busy places that handle a broad range of cases, and so court dates tend to be full and crowded. Attending court by yourself can be intimidating. Even if your case is being heard at the District Court, it is a smart plan to have a criminal lawyer represent you.
For criminal cases in the Unified Criminal Docket where I spend most of my court time representing clients, here is a general overview of court procedure.
Arraignment
After a person’s arrest on a misdemeanor charge, the case would be reviewed by a Bail Commissioner, who sets bail. Bail can be cash (secured) or on personal recognizance (PR). On your Summons or bail bond should be an Arraignment date, which is your first court appearance. If the defendant retains a criminal defense lawyer ahead of the Arraignment date, the attorney can submit a plea of Not Guilty in writing on the client’s behalf, and the client would not have to attend Arraignment in person.
If facing a felony criminal charge, the first court appearance must be in person and is called an Initial Appearance. A felony Arraignment cannot occur until a Maine grand jury issues an Indictment. In Maine, the State has up to three grand jury cycles, or six months, to issue an Indictment.
Dispositional Conference
Criminal cases in the Unified Criminal Docket have a Dispositional Conference, which is where the District Attorney’s Office and Defense Counsel meet to determine if the case will be resolved by a plea agreement or go to Trial. At a Dispositional Conference, there can be a meeting with the Judge or Justice to help the parties come to an agreement. If no agreement to resolve the case is reached, then the case progresses to further court dates.
Motion Hearings
Some common pretrial motions include:
Bail Modification Hearing
A Motion to Modify Bail requests that bail conditions be changed or modified so that the defendant can meet them better. A bail modification request can take place at any time, but bail modification motions tend to be heard early in the case. Often, the Court sets a specific date for Bail Motion Hearings.
Motion to Dismiss
If I feel that the State’s complaint is deficient or the State cannot meet its burden as a matter of law, then I can file a Motion to Dismiss, asking the court to drop the case against my client. Here is an example of a case that I got a criminal case dismissed from a Motion to Dismiss.
Motion to Suppress
If the police reports show that some evidence against my client might have been seized in violation of their constitutional rights, then I would submit a Motion to Suppress, asking the court to not allow the questionable evidence to be entered at the Bench Trial.
In either case, the motion hearing is held before a Judge, who hears arguments from both attorneys and then issues a determination. After the Motion Hearing has been completed, then Trial may move forward.
Docket Call
Docket Call is the last opportunity for the District Attorney and Criminal Defense Lawyer to reach a potential plea agreement. If no acceptable resolution is reached at Docket Call, then the case would progress to Jury Selection and Jury Trial.
Jury Selection
A jury is made up of 12 jurors, who are selected randomly from the community. The role of the jury is a fundamental American Constitutional right- to be judged guilty or not guilty by a jury of your peers. At Jury Selection, the Judge will discuss jury service to the group of potential jurors, and then the selection process of questioning potential jurors begins. The Justice may ask questions, and the attorneys may submit questions to the Judge to ask the potential jurors, either as a group or individually. The purpose of questioning potential jurors is to determine if there are reasons why any juror cannot be fair about the case, or if any potential juror has a personal interest in the case. If for one reason or another the attorneys do not see particular individuals as the right fit, then those potential jurors would be challenged.
At the end of the Jury Selection, 12 jurors and a few alternate jurors are selected, or “impaneled.” These jurors and alternates are given the Juror’s Solemn Oath, and the Trial can begin.
Trial
A trial is a defendant’s “day in court.” A trial is a formal court proceeding, including opening statements from both attorneys, each side presenting its case, including presenting witness testimony and physical evidence, and evidentiary objections are made and ruled on. After each side presents its case, closing arguments are presented to the jury. Before the jury is handed the case for a determination, the Judge will read what are called Jury Instructions, which outline any legal principles the jurors need to know to decide the case. Finally, the jury deliberates and comes to a final determination whether you are guilty or not guilty.
Please touch base with me about your case. I guarantee you will feel better.