If you're facing criminal charges in Maine, it can be a daunting experience. Understanding the court process is crucial to helping you navigate the legal system with confidence. As your defense attorney, I'm here to guide you through what to expect when you step into the courtroom.

The First Court Appearance: Arraignment

The first step in the criminal process is your initial appearance.  At the iniitial appearance, arraignment, the charges against you are formally read and in misdmeanor cases the arraignment will occur.  The arraignment is where a Defendant formally responds to a charge.   Most commonly, this will be either “guilty” or “not guilty.” In Maine, you are entitled to a trial, and your initial plea is not a decision of guilt or innocence, but simply a formal acknowledgment of the charges.  Felony charges require grand jury proceedings before a Defendant is arraigned.

During this stage, bail might be discussed, which can determine whether you are released on your own recognizance, required to post bail, or kept in custody until your next hearing.

Pretrial Hearings and Motions

After your arraignment, the court will schedule pretrial hearings. These hearings are an opportunity for both the defense and the prosecution to address procedural matters before the trial. As your attorney, I'll review evidence, file motions to suppress evidence if necessary, and ensure your constitutional rights are upheld.

Motions can be filed to challenge the prosecution's case or ask for certain pieces of evidence to be excluded. These hearings allow both sides to address the court and prepare for the trial itself.

The Trial

If your case proceeds to trial, it will be an opportunity for both the defense and prosecution to present their arguments, evidence, and witnesses. A criminal trial in Maine can take place in front of a judge or, in some cases, a jury.

During the trial, both the prosecution and the defense will make opening statements, followed by the presentation of evidence and witness testimonies. As your defense attorney, I will challenge the prosecution's evidence, cross-examine witnesses, and work to demonstrate reasonable doubt. The burden of proof lies with the prosecution, and I will make sure they meet that burden.

After all evidence is presented, closing arguments are made. The judge or jury will then deliberate and render a verdict. If convicted, we may explore options for appeal or post-conviction relief.

The Sentencing

If you are found guilty, the judge will schedule a sentencing hearing. Sentencing in Maine depends on the severity of the crime, prior criminal history, and other factors. As your defense attorney, I will advocate for leniency, aiming to reduce the penalties or explore alternatives like probation or treatment programs.

In Maine's criminal justice system, what happens in court can be unpredictable. With an experienced defense attorney by your side, you can be confident that every step will be carefully handled in pursuit of the best possible outcome.