Drug Trafficking Laws in Maine

Unlawful trafficking (selling or furnishing for value, or possessing with intent to do so) in a scheduled drug is graded by the drug's schedule: Class B (up to 10 years) for schedule W drugs (such as heroin, fentanyl, cocaine and methamphetamine), Class C for schedule X drugs, and Class D for schedule Y and Z drugs; possessing set amounts (for example 14 grams or more of cocaine or methamphetamine, 4 grams or more of heroin or fentanyl powder, or 90 or more narcotic pills) allows an inference of trafficking. Aggravated trafficking is a Class A crime (up to 30 years) for schedule W drugs when it involves a minor, a prior drug felony, a firearm, a school zone, or large quantities such as 112 grams or more of cocaine, 6 grams or more of heroin or fentanyl powder, 100 grams or more of methamphetamine, or 300 or more narcotic pills, or when the drug contributes to a death. Section 1125 sets mandatory minimum prison terms for certain of these offenses, and the court may suspend the driver's license for up to 5 years if a vehicle was used.

Maine's rule on court-appointed lawyers: Indigent legal services are provided under the Maine Commission on Public Defense Services (4 M.R.S. chapter 37). The court with jurisdiction over the proceeding determines whether a defendant is financially able to obtain private counsel, using information supplied by the commission's executive director for guidance (§ 1805-A(2)). If the court finds a defendant unable to pay private counsel but able to contribute, it shall order installment payments up to the full cost of representation or a fixed contribution, and no one may be required to pay more than the expenses actually incurred (§ 1805-A(3)). The executive director may verify eligibility at random or when circumstances change and may ask the court to reassess indigency (§ 1805-A(1)). 4 M.R.S. §§ 1802, 1805-A

Lawyers set their own fees, and Maine has rules on how they may charge. See hiring a criminal defense lawyer in Maine for fee rules, how to check a lawyer's license and free help.

How release before trial works in Maine: Under the Maine Bail Code, a judicial officer 'shall' order pretrial release on personal recognizance or an unsecured appearance bond unless the officer finds that release would not reasonably ensure the defendant's appearance, that the defendant will refrain from new criminal conduct, the integrity of the judicial process, or the safety of others; if so, the officer must impose the least restrictive condition or combination of conditions that will reasonably ensure those goals (§ 1026(2-A), (3)(A)). A financial condition may not exceed what is reasonably necessary for those purposes (§ 1026(3)(B)), and the defendant's financial resources, including ability to afford a financial condition, are a factor (§ 1026(4)(C)(4)). A financial condition may not be imposed when the highest charged crime is Class E, with listed exceptions (including domestic-violence-related crimes, certain sexual offenses under 17-A chapter 11, failure to appear, and release-condition violations) (§ 1026(3)(B-1)). Bail may be set by judicial officers or by bail commissioners appointed by the Chief Judge of the District Court; bail commissioners may not set bail for a defendant charged with murder, may not change bail set by a court, may not set bail for listed domestic-violence offenses, may charge a fee of up to $60, but may not charge it to a defendant unable to pay or refuse to set bail because of inability to pay (§ 1023). 15 M.R.S. §§ 1023, 1026 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Maine expungement and record sealing rules.