QUESTION

I've been declined bail. What can I do?

Asked on Jan 29th, 2017 on Criminal Law - Maine
More details to this question:
Its not me its my brother, he is in for assault and they won't give him bail as he has had other assaults in the past.
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1 ANSWER

Criminal Defense Attorney serving Portland, ME
Partner at Boyd Wentworth
2 Awards
Your brother can go back to court to argue bail to a different judge. If one judge (or a bail commissioner) set his bail so high that he cannot afford it, then he has the right to go back to court and argue to a different judge for a lower bail. He would have to file a petition for redetermination of bail. If that doesn't result in a bail he can afford, then he could appeal the decision, but that is a complicated and difficult process. In the event that he is being held without bail, then the time to make his bail argument is during the hearing on the state's motion to revoke bail, if it has not already happened.
Answered on Jan 30th, 2017 at 5:34 AM

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