1. Applicable Statutes

Maine Rules of Criminal Procedure 46: Certain Procedural Provisions Governing Bail

Maine Revised Statutes Title 15: Court Procedure- Criminal, Part 2: Proceedings Before Trial, Chapter 105-A: Maine Bail Code

2. Licensing Requirements

In any civil or criminal action or mesne process or other process where a bail bond, recognizance or personal sureties or other obligation is required, or whenever any person is arrested and is required or permitted to recognize with sureties for his appearance in court, the court official or other authority authorized by law to accept and approve the same shall accept and approve in lieu thereof, when offered, a good and sufficient surety bond duly executed by a surety company authorized to do business in this State. [M.R.S. 4-23 § 1054]

Maine does not have licensing requirements for bail bond agents of bail enforcement agents. The following are the statutory responsibilities of sureties as enumerated in the criminal code:

• Each surety for a defendant admitted to preconviction bail is responsible for the appearance of the defendant at all times as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal conduct, until a verdict or finding or plea of guilty or until the acceptance of a plea of guilty or nolo contendere, unless the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073. [M.R.S. 15-2-105A §1072.]

• Each surety for a defendant admitted to bail after conviction is responsible for the defendant's appearance at all times until the defendant enters into execution of any sentence of imprisonment as well as the defendant's compliance with each condition of release, including that the defendant refrain from new criminal conduct, unless the surety has sooner terminated the agreement to act as surety and has been relieved of the responsibility in accordance with section 1073. [M.R.S. 15-2-105A §1072.]

3. Notice of Forfeiture

When a defendant fails to appear as required or has violated the conditions of release, the court shall declare a forfeiture of the bail. The obligation of the defendant and any sureties may be enforced in such manner as the Supreme Judicial Court shall by rule provide and in accordance with section 224-A.

The rules adopted by the Supreme Judicial Court must provide for notice to the defendant and any sureties of the consequences of failure to comply with the conditions of bail.

[M.R.C.P. 46]

4. Forfeiture to Judgment

When no motion to set aside a forfeiture has been made within 30 days of notice of the declaration of forfeiture, the court shall enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the court and their liability may be enforced on motion without the necessity of an independent action. [M.R.C.P. 46]

5. Forfeiture Defenses

The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. When the condition of the bond has been satisfied, the court shall exonerate the obligors and release any bail. [M.R.C.P. 46]

6. Remission

After an entry of judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture.

7. Bail Agent's Arrest Authority

Any surety may surrender the principal and he shall be discharged from liability for any subsequent breach of the recognizance. [M.R.S. 15-11 § 290]

8. Other Noteworthy Provisions

There is a one-year statute of limitations for actions against sureties on bonds in criminal cases or bails in civil cases. After the expiration of one year from the default of the principal, no action may be brought. [M.R.S. 14 § 754]

9. Noteworthy Appellate Decisions

State v. Ellis, 272 A.2d 357 ( Maine , 1971)

State filed motion for judgment of default and issuance of execution against principal and surety on bail bond. The Superior Court, Penobscot County , entered judgment of default in sum of $15,000, the amount of bond and, upon subsequent motion, remitted $10,000 and sureties appealed. The Supreme Judicial Court held that where information as to whereabouts of Fugitive reached sureties more than hour before it was given to Court in forfeiture proceeding and justice who ordered remission had before him an estimate of cost to State resulting from breach of conditions of bond, remission of less than whole amount was not an abuse of his discretion. Appeal denied.

State v. Williams, 730 A.2d 677 ( Maine , 1999)

Defendant, who was charged for drug trafficking and possession, appealed from an order of the Superior Court, Androscoggin County , forfeiting his preconviction bail for violation of condition of release. The Supreme Judicial Court held that: (1) declaration of forfeiture of bail is not a final judgment for purposes of appeal, and (2) appeal was precluded absent defendant's motion to set aside enforcement and entry of default judgment. Appeal dismissed.

10. Bounty Hunter Provisions

There are no specific provisions for bounty hunters at this time.