ME · rules
M.R.U. Crim. P. 75A
STAY OF EXECUTION
(a) Bail Pending Final Disposition. If the court orders the release of
the petitioner on bail pending final disposition of the petition pursuant to Rule
74(b) and the petitioner is admitted to bail, the sentence is automatically
stayed. If the final judgment is adverse to the petitioner, the stay
automatically terminates when the judgment making final disposition is
entered in the Unified Criminal Docket. When a stay of sentence of
imprisonment is so terminated, the clerk of the Unified Criminal Docket shall
forthwith mail a date-stamped copy of the judgment making final disposition to
the parties and to the sheriff named in the underlying commitment order.
Within 3 days after that mailing, excluding Saturdays, Sundays and legal
holidays, the petitioner’s counsel or, if not represented by counsel, the
petitioner shall contact the office of the sheriff named in the underlying
commitment order and make arrangements satisfactory to the sheriff for
surrendering into that sheriff’s custody that day or, at the direction of the
sheriff, the next regular business day. If such arrangements are not timely
made, or if the arrangements are not complied with, upon the request of the
named sheriff or the attorney for the respondent, or by direction of the court,
the clerk of the Unified Criminal Docket shall issue a warrant for the petitioner’s
arrest. Upon issuance of that warrant and necessary notice by the clerk to the
court of that fact, the court, in conformity with Rule 46(g)(1), shall declare a
forfeiture of the Rule 74 bail because of the breach of condition.
(b) Bail Pending Appeal. If the court orders the release of the
petitioner on bail pending appeal pursuant to Rule 75(b) and the petitioner is
admitted to bail, execution of the sentence shall be stayed as provided in Rule
38(a) and (b). The procedure for the petitioner’s surrender following automatic
termination of a stay of sentence of imprisonment is as provided in subdivision
(a).
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f2976a8d07c24f4e41274350be0654ac49b6415c5dbe09b2e2082c4d5a6dcc87
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