The Rights of the Accused After Criminal Charges Are Filed in Maine

Once criminal charges are filed in Maine, the case enters a formal legal process with defined rules and protections. At that point, your rights are no longer theoretical—they are active, enforceable, and critically important. As a Maine defense attorney, much of my work involves ensuring that these post-charge rights are respected and fully exercised.

The Right to an Attorney

After charges are filed, you have an absolute right to be represented by an attorney at every critical stage of the case. This includes arraignment, bail hearings, motion practice, hearings, trial, and sentencing. If you cannot afford an attorney, the court must appoint one. This right exists because navigating the criminal justice system without legal training places an accused person at a severe disadvantage. Once represented, your attorney becomes the gatekeeper for communication with the State and ensures that decisions are made strategically—not under pressure or fear.

The Right to Remain Silent

Your right to remain silent does not disappear once charges are filed—it becomes even more important. You are not required to explain yourself to police, prosecutors, probation officers, or the court. You are not required to testify at hearings or at trial. Silence cannot legally be used as evidence of guilt. Many cases are won not by what a defendant says, but by what they wisely choose not to say.

The Right to a Trial

Every accused person has the right to a trial. In Maine, this may be a jury trial or a judge (bench) trial, it is the defendant's choice. A jury trial places the decision in the hands of citizens who must unanimously agree that the State has proven its case beyond a reasonable doubt. A bench trial places that decision with a judge. Choosing between the two is a strategic decision that should be made carefully with counsel.

The Presumption of Innocence and Burden of Proof

At trial, you are presumed innocent. The burden is entirely on the State to prove every element of the charge beyond a reasonable doubt. You are not required to prove anything. You are not required to present evidence. If the State fails to meet its burden, the law requires an acquittal.

The Right to Confront and Cross-Examine Witnesses

You have the right to confront the witnesses against you. This means the prosecution's witnesses must testify in court, under oath, and be subject to cross-examination. Cross-examination is one of the most powerful tools in criminal defense, allowing credibility, bias, inconsistencies, and faulty assumptions to be exposed.

The Right to Call Witnesses and Present a Defense

You also have the right to present your own evidence and call witnesses on your behalf. This may include fact witnesses, expert witnesses, or other evidence that supports your defense. The State cannot prevent you from presenting a lawful defense simply because it is inconvenient or uncomfortable for the prosecution.

The Right to Testify—or Not Testify

You alone decide whether to testify at trial. No one can force you to take the stand, and choosing not to testify cannot be used against you. At the same time, if you decide that testifying is in your best interest, you have the right to do so. This is one of the most personal and consequential decisions in a criminal case and should always be made with careful legal guidance.

Why Post-Charge Rights Matter

These rights exist to ensure fairness, accuracy, and balance in a system where the State holds enormous power. But rights do not enforce themselves. They must be asserted, protected, and strategically used. Missteps after charges are filed can permanently affect the outcome of a case.

Charged With a Crime in Maine?

If you are facing criminal charges, understanding your post-charge rights is essential—but enforcing them is where real defense work happens. William H. Ashe represents clients across Maine and provides experienced, strategic advocacy from arraignment through trial.

📞 Call Attorney William H. Ashe today to protect your rights and take control of your defense.