How Maine handles a case
What happens after an arrest anywhere in Maine: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.
From arrest to court
- Who decides release first
A bail commissioner sets most first bail, especially after hours. Commissioners are residents the Chief Judge of the District Court appoints, and they need not be lawyers. They may not set bail for murder, Class A to C domestic violence crimes, or violations of a protection order; a judge decides those.
15 M.R.S. 1023- Time to see a judge
A person arrested and not released must see a judge within 48 hours, not counting weekends and holidays, or the jail must release them. A judge or justice of the peace must also find probable cause within 48 hours of a warrantless arrest, counting weekends.
M.R.U. Crim. P. 5(a)M.R.U. Crim. P. 4A(a)- Money bail
Money bail is allowed. Since 2021, a judge or bail commissioner may not set money bail when the top charge is a Class E crime, the lowest class, except for domestic violence, sex crimes, bail violations, and failures to appear.
15 M.R.S. 1026(3)(B-1)- Pretrial risk assessment
Maine has no statewide risk tool for all arrests. Maine Pretrial Services, a nonprofit, screens jail populations and runs risk assessments under contract in 11 counties. Bail commissioners must try to get a domestic violence risk assessment before setting bail in those cases.
Maine Pretrial Services, report to the Criminal Justice and Public Safety Committee, January 202115 M.R.S. 1023- Courts
Maine has two trial courts, the Superior Court and the District Court, and both hear criminal cases on one combined docket, the Unified Criminal Docket. Only the Superior Court holds jury trials; the District Court sits without a jury.
Maine Judicial Branch, Superior CourtMaine Judicial Branch, District Court- Judges and magistrates
The governor appoints Superior Court and District Court judges, and the state Senate confirms them. Judges serve seven-year terms.
Maine Judicial Branch, About- Prosecutors
Elected district attorneys prosecute crimes, one for each prosecutorial district. Voters elect them to four-year terms, and they must be lawyers.
30-A M.R.S. 251- Public defense
The Maine Commission on Public Defense Services provides lawyers for people who can't afford one. Most cases go to private lawyers on its roster or under contract, and it also runs a growing set of public defender offices.
Maine Commission on Public Defense Services- Jails
Each county sheriff runs the county jail.
30-A M.R.S. 1501
Read from the statutes and court rules cited, 2026-09-30. Whether District Court judges must be lawyers was not confirmed. The pretrial services county list is from a January 2021 report.