Maine Arrest Records
Maine Arrest Records play a crucial role in documenting individuals accused of violating criminal laws therein. The Maine Bureau of Investigation, a division of the State Police, is responsible for managing and organizing arrest and criminal records, ensuring their accessibility and proper distribution.
Although arrest records can offer insightful details regarding an individual's past criminal activities, it is important to recognize that they should not be the sole basis for forming judgments or presumptions. They serve as past arrests and charges records and may appear in background checks.
A Maine arrest record contains various pieces of information that aid in identifying the individual suspected of criminal involvement. This includes their physical description, distinguishing features, name, aliases, age, contact information, occupation (if available), residence, and birth year.
A Maine arrest search allows eligible and interested individuals to obtain access to these records from custodian agencies. The arrest search will furnish the requester with pertinent information regarding the grounds for the arrest and the whereabouts of the arrested individual.
The Freedom of Access Act governs the accessibility of Maine arrest records. According to these statutes, certain criminal information is public records. Some records though may not be accessible to the public as they are considered sealed or confidential documents including juvenile data, abuse, victim identities, or in the event the accused person was acquitted. Records falling under statutory exemptions of Maine laws may also be considered confidential.
What Laws Govern Arrests in Maine?
In Maine, arrests are governed by various laws and regulations that establish the procedures and guidelines law enforcement officers must adhere to when making arrests.
Title 17-A, §15 of the Maine statutes addresses warrantless arrests by law enforcement officers. The statute outlines how a law enforcement agency can arrest without a warrant. These conditions primarily encompass serious offenses such as murder, Class A, Class B, or Class C crimes, assault during hunting activities, and similar transgressions.
Title 17-A, §16 pertains to warrantless arrests by private individuals. It outlines the situations in which a private person may arrest without a warrant. Private individuals have the authority to make such arrests when they witness the commission of a felony offense.
Additionally, Title 14, §3135 deals with civil orders of arrest. This statute outlines the conditions under which a civil arrest order may be issued. Civil orders of arrest are typically issued in specific civil cases, and they direct the sheriff to apprehend the individual named in the order.
Lastly, Title 15, §207 addresses the circumstances under which the Governor may issue a warrant of arrest. This provision grants the Governor the authority to authorize an arrest warrant for individuals suspected of residing in Maine who have been charged with a crime in a different state.
Maine upholds the legal tenets embodied in Miranda rights, ensuring that individuals are informed of their constitutional rights after the arrest. These rights encompass the privilege to withhold statements, the right to legal representation, and the cautionary advice that any statements made may be used as evidence in a court of law.
What Is the Arrest Booking Process in Maine?
The arrest booking process is an essential part of the criminal justice system in Maine. It involves several steps necessary to identify and document an arrested person properly. Here's a general outline of the arrest booking process in Maine:
Arrest
When a law enforcement officer has reasonable cause to believe that a person has committed a crime, they place the individual under arrest. The officer informs the person of the reasons for their arrest and their rights, commonly known as Miranda rights.
Transportation to the Police Station
Upon apprehension, it is customary for the individual to be accompanied to the nearby police station or county jail. This precautionary measure, aimed at maintaining the security of all parties involved, may involve the application of handcuffs or other restraints during the transfer process.
Recording Personal Information
Upon arrival at the police station, the arrested person's personal information is collected. This includes their full name, date of birth, address, and other relevant details. The officer may request identification documents, such as a driver's passport or license, to verify the person's identity.
Fingerprinting
An authorized officer will proceed to capture an impression of the suspect's fingerprints, meticulously covering all ten fingers (the suspect will gently roll their fingers to ensure all prints are recorded).
In cases where the crime involves fingerprint evidence, a thorough examination will be conducted to compare the obtained prints with those of the suspect. This analysis aims to determine whether a match exists or rule out the suspect's involvement.
These fingerprint records are securely stored in a database for an indefinite duration. Additionally, the suspect may be asked to provide a DNA sample to supplement the investigation.
Inventory of Personal Belongings
The arrested person's personal belongings are collected and documented. This includes items in their possession at the time of the arrest, such as jewelry, money, wallets, keys, and other objects. These items are often sealed in a bag and stored securely until the person's release.
Body Search
This type of search goes beyond a typical search and thoroughly examines an individual's entire body. It can be an intrusive procedure involving the removal of all garments. The objective behind such a search is to ensure that no weapons or illicit substances are brought into a detainment area. Law enforcement officers conduct comprehensive body searches, regardless of whether the alleged offense is relatively minor and unrelated to violence or drugs.
Health Assessment
A basic health assessment may be conducted to ensure the arrested person's well-being. It may involve questions about medical conditions, allergies, or the need for medication.
Criminal History Check
Law enforcement officers perform a criminal history check to determine if the person has any prior arrests, outstanding warrants, or other relevant records.
Detention and Holding Cell
After the initial processing, the arrested person is typically placed in a holding cell until further arrangements are made. This may include waiting for bail, transfer to a county jail, or a court appearance.
Bail Determination
During this pivotal moment, a discerning judge meticulously evaluates various aspects surrounding the arrest, the charges against the person, the criminal record, and other pertinent factors. Through this comprehensive assessment, the judge ultimately determines whether to grant the individual release on bail and, if so, determines an appropriate bail amount.
Detention or Release
Depending on the judge's decision, the person may be released on bail, required to stay in custody until trial, or granted other conditional release options (e.g., house arrest, electronic monitoring). Individuals apprehended for minor offenses can be released upon signing a citation, wherein they commit to appearing in court on a designated future date.
Legal Proceedings
Following the initial court appearance, a series of legal procedures ensue, including the exchange of evidence (discovery), pretrial motions, and negotiations between the prosecution and defense. In the absence of a plea agreement, the case proceeds to trial.
Trial
During the trial, both the prosecution and defense present their evidence, summon witnesses, and make arguments before a judge or jury. The individual's guilt or innocence is determined by the trier of fact, who assesses the evidence in light of relevant laws.
Sentencing
A separate hearing may be held to determine an appropriate punishment if the individual is found guilty or pleads guilty. Factors such as the gravity of the offense, the person's criminal record, and any mitigating circumstances are considered.
What are Maine Mugshot Records
Maine mugshot records refer to the photographic records taken when an individual is arrested and booked into a correctional facility in Maine. These records typically include the person's photograph, personal details (such as name, date of birth, and address), and information about the arrest, including the charges against them.
In Maine, mugshot records are considered public information. However, the disclosure of these documents could be subject to specific limitations and protocols aimed at safeguarding individuals' privacy rights. Although mugshots are typically accessible, disclosing personal information might be subject to redaction or withholding.
There are three main ways to access mugshot records in Maine. Requesters can inquire about inmate records by contacting the Maine Department of Corrections via phone or mail. This method allows parties to request information about specific individuals or general records related to inmates.
Secondly, each county in Maine has a Jail Administrator who handles inmate records. Interested parties can contact the respective Jail Administrator by phone or mail or visit them to inquire about mugshot records. Lastly, the Maine State Police offers an online searchable database for sex offenders. This database is available to all parties and allows one to search for individuals using a city, zip code, or name.
How Long Does an Arrest Record Stay in Maine
Arrest records in Maine can remain on an individual's record indefinitely, except in certain circumstances. However, there are opportunities for record expungement or sealing that vary depending on the type of offense and the offender's age.
For adult criminal records, expungement or sealing is possible if specific criteria are met. The individual must have completed their sentence at least four years ago, not have any other convictions during that period, and committed the offense between 18 and 27.
Young offender records may be sealed after a designated period, typically 5 to 10 years. Additionally, individuals who are 21 years and older and have a criminal conviction for a Class D or Class E crime may be eligible for expungement.
Confidentiality is maintained for juvenile adjudications categorized as class E misdemeanors, while all other adjudications are publicly accessible. Nevertheless, the possibility of sealing a juvenile record exists under specific circumstances. Eligibility for record sealing requires a minimum of three years since discharge, absence of subsequent adjudications or convictions, and no involvement in ongoing juvenile or criminal cases.
Recognizing that the court possesses discretionary power in determining whether to seal the record is crucial. In situations where the public's access to information substantially outweighs the individual's privacy concerns, the court may opt not to seal the record.
How to Expunge an Arrest Record in Maine
In Maine, destroying or erasing the arrest or criminal records is impossible. Nevertheless, Maine does offer avenues to seal or mitigate the consequences of a criminal record.
Minors' arrest records and criminal activities can be sealed under specific conditions (above) to protect their privacy. The process begins with the individual submitting a written motion to the court, requesting the sealing of their record. If approved, the court issues an order to seal the record, ensuring the individual's privacy.
Apart from convictions, non-conviction records can also be sealed in the state of Maine. These records include scenarios such as arrests that occurred over 12 months ago, charges that were not filed, dismissals due to mental disorders, and charges resulting in acquittal.
While a pardon does not grant permission to eradicate arrest records, it reclassifies them as "non-conviction," eliminating public accessibility. Nonetheless, the disclosure of this data remains contingent upon the terms specified in Title 16, sections 611-622 of the Maine Revised Statutes Annotated.
How to Search Maine Arrest Records
Maine citizens can access up-to-date arrest information by referring to the arrest logs maintained by law enforcement agencies at the state and county levels. These logs are regularly updated, ensuring that the information remains current. To obtain details of an arrest, interested individuals should identify the responsible agency and visit their designated website to access the corresponding arrest log. These logs or rosters can be searched using the arrestee's name or by applying filters based on the date and jurisdiction of the arrest.
The Maine Bureau of Information, the centralized repository for all criminal history records, allows individuals to conduct searches by providing basic personal details such as their name, date of birth, and location. Alternatively, requesters may opt for the convenience of an online public criminal history record search. By entering the person's name and date of birth into the search tool; the system will generate potential matches, allowing the requester to select the desired result.
Counties in Maine
- Androscoggin
- Aroostook
- Cumberland
- Franklin
- Hancock
- Kennebec
- Knox
- Lincoln
- Oxford
- Penobscot
- Piscataquis
- Sagadahoc
- Somerset
- Waldo
- Washington
- York