The Importance of Bail in Maine

The operation of bail bondsmen is not allowed within the state of Maine, but the right to bail is still a constitutionally recognized right of the defendant. The particulars of the laws of bail in Maine are located in Title 15, Chapter 105-A, or the Maine Bail Code.

Even though bail bondsmen or private bail bonds agents are prohibited within the state, the state government in Maine still recognizes how crucial the ability to make bail is for defendants involved in criminal proceedings. In many ways, the defendant’s capacity to adhere to the conditions and stipulations of his bail can determine, to a large extent, the eventual outcome of his case.

The following are recognized reasons why bail is considered important in Maine:

  • The defendant can better prepare for his trial

A defendant who is stuck in jail will simply not be able to prepare as much as he or she could for his upcoming trial. Aside from going through the stress and possible trauma of being in jail, the defendant lacks any form of social support from his family and friends, which can place severe strain upon his judgment and his capacity to mentally and physically prepare for the rigors and stress of his trial. Whenever possible, courts do prefer granting temporary release on bail to a defendant in order to give him a better chance of preparing his defense.

  • The defendant can meet more often, and in conditions of privacy, with his counsel

Similarly, as the defendant cannot have the moral support of family and friends while in prison, neither can he expect the same kind of planning and preparation with his counsel if all their meetings take place within the confines of jail. And because the stress of being confined can impact his judgment and decision-making capacity, even lawyers need to deal carefully with their clients while they are in prison. Ideas or strategies, witnesses, the defendant’s recollection of the alleged crime, all can be done in cooperation with their lawyer, and without the restriction of having access to his lawyer only through phone calls, or when the defendant’s lawyer visits him.


  • You are giving a very real demonstration to the court that you are able to follow court-imposed conditions and restrictions

Sometimes bail is imposed with certain restrictions or conditions, for instance, that you are supposed to attend training or classes designed to help deal with personal difficulties that may have led to the alleged crime, for instance, sobriety groups, anger management classes, etc. If you respond favorably to these conditions, and also appear religiously during your scheduled court hearings, then the courts can be expected to be more sympathetic to your side, and even when found guilty, might also be more lenient in terms of sentencing.


  • Your behavior during your temporary release on bail will also be considered by the court during your trial

Sometimes bail can be denied if, based on the bail commissioner’s or the judge’s discretion, they consider the defendant to be a danger to the public or the community. Of course, a person released on bail is expected not to break any law, and should they exhibit exemplary behavior after being released from jail, courts are more likely to look favorably upon the defendant’s continued freedom in the community.