Skip to main content
Find a Lawyer

Maine Revised Statutes Title 15. Court Procedure--Criminal § 815. Communication between prosecutor and unrepresented defendant in criminal prosecutions

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Requirements for communication. To ensure that all waivers of the right to counsel are made knowingly, voluntarily and intelligently, a prosecutor may not communicate with an unrepresented defendant concerning the facts, circumstances, merits or disposition of a pending criminal charge against the defendant unless:

A. The defendant has been informed by the court of the defendant's right to counsel, including court-appointed counsel if the defendant is indigent;

B. The court has provided to the defendant a statement of:

(1) The substance of the charges against the defendant;

(2) The defendant's right to retain counsel, to request the assignment of counsel and to be allowed a reasonable time and opportunity to consult counsel before entering a plea;

(3) The defendant's right to remain silent and that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant;

(4) The maximum possible sentence and any applicable mandatory minimum sentence; and

(5) The defendant's right to trial by jury; and

C. Repealed. Laws 2023, c. 340, § 1, eff. June 28, 2023.

D. Either the defendant initiates the communication or the communication takes place at a dispositional conference and is required by Rule 18(b) of the Maine Rules of Unified Criminal Procedure.

2. Exception. Notwithstanding subsection 1, a prosecutor may communicate with an unrepresented defendant at any time to:

A. Offer the defendant an opportunity to participate in a diversion program or explain steps that the defendant can take, including obtaining reinstatement of the defendant's driver's license or registration or engaging in a certain amount and type of community service, the successful completion of which would result in the prosecutor not prosecuting the charge or charges against the defendant or recommending a dismissal of or filing of the charge or charges. A defendant's failure to successfully complete a diversion program or to successfully undertake any other steps that the prosecutor informed the defendant of under this subsection may not form the basis for imposing any term of imprisonment, suspended or unsuspended, on that defendant if that defendant is later convicted of the charge or charges that were the subject of the discussion;

B. Notify the defendant that a pending criminal matter is being dismissed;

C. Notify the defendant in writing of a plea offer; or

D. Request the defendant's position on a motion to continue or a motion to correct a typographical error in a document filed with the court.

3. Application. This section does not apply to:

A. The obligation of the State to provide discovery or other information pursuant to court order, pursuant to rules adopted by the Supreme Judicial Court or as otherwise required by the Constitution of Maine or the United States Constitution; or

B. Notice by the prosecutor to a person that no charge is being filed.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maine Revised Statutes Title 15. Court Procedure--Criminal § 815. Communication between prosecutor and unrepresented defendant in criminal prosecutions - last updated January 01, 2025 | https://codes.findlaw.com/me/title-15-court-procedure-criminal/me-rev-st-tit-15-sect-815/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard