Embezzlement Laws in Maine

Embezzlement-type conduct is charged as theft by misapplication of property: obtaining property under an agreement or known legal obligation to pay or deliver it to someone else, then intentionally or recklessly failing to do so and treating it as one's own. The base offense is a Class E crime; it is Class D when the value is more than $500 up to $1,000, Class C (up to 5 years) when more than $1,000 up to $10,000, and Class B (up to 10 years) when more than $10,000. Special lower thresholds apply to payroll processors (Class B over $2,000), and 2 or more prior theft-type convictions make it a Class C crime. A government or financial-institution employee who fails to account on demand or whose accounts show a shortage may be inferred to have dealt with the property as his own.

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.