ME · rules
M.R.U. Crim. P. 18
DISPOSITIONAL CONFERENCE
(a) Appearance required. The defendant and defendant’s counsel, if
any, shall appear at the dispositional conference. The State shall be
represented at the dispositional conference by an attorney who has full
authority to make decisions regarding disposition of, and sentencing
recommendations regarding, the charges against the defendant.
(b) Participation. The court shall have broad discretion in the conduct
of the dispositional conference. Counsel and unrepresented defendants must
be prepared to engage in meaningful discussion regarding all aspects of the
case with a view toward reaching an appropriate resolution. The court may
participate in such discussions and may facilitate a plea agreement by
suggesting or addressing a specific aspect of the matters under consideration.
(c) Content of Discussions Inadmissible. Except when relevant to (1)
the resolution of an ineffective assistance of counsel claim asserted by the
participating defendant or (2) the enforcement or alleged violation of a plea
agreement, including sentencing, evidence of conduct or statements made
during the dispositional conference is not admissible for any purpose.
(d) Agreement; Plea. If the parties reach a plea agreement, the court
shall take the plea in open court or schedule the plea for a later time.
(e) No Agreement; Subsequent Proceedings. If the parties do not
reach a plea agreement, the matter shall be set for jury trial, unless the
defendant waives the defendant’s right to a trial by jury. If the defendant
waives the right to a trial by jury pursuant to Rule 23(a), the matter shall be set
for a jury-waived trial. If any criminal charge discussed in a dispositional
conference is accompanied by a civil violation triable of right by a jury, and the
civil matter is not resolved at the dispositional conference, the civil matter shall
be set for a jury-waived trial, unless the defendant files a demand for a jury trial
and pays the $300 jury fee no later than 7 days after the dispositional
conference, pursuant to M.R. Civ. P. 38.
(f) No Agreement; Inquiry Regarding Indictment. If the parties fail
to reach a plea agreement in a case involving a complaint or information that
charges at least one Class C or higher crime, the court shall call upon the
defendant to elect whether to waive the right to have the matter presented to
the grand jury and to be prosecuted by indictment, and to proceed to trial upon
the complaint or information. If indictment is not waived, the court shall
schedule the matter for arraignment upon the indictment after the next term of
the grand jury.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d8c8525cda0db235fb2440890f4a49633f2d0ecdb25c8bb513ab007e7ddb0ff0
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