Aroostook County
Frequently Asked Questions for
Crime Victims and Witnesses
VICTIM/WITNESS PROGRAM
Victim/Witness Advocates are part of the Office of the District Attorney who inform victims of indictments, trials, pleas, and sentencing in the Superior Court. They provide information to victims and witnesses regarding criminal justice procedure in Aroostook County. As available and appropriate, staff will provide you: victim impact and restitution forms for you to complete, information and support before you testify, support at sentencing hearings, and information how to request notification of release of the sentenced person. For information or assistance, please contact Victim/Witness Advocates at 207 498-2557 or 207 532-4294.WHAT IS A CRIMINAL COMPLAINT?
A criminal complaint is a short statement of essential facts about an alleged crime, which, when filed in Court, formally begins the criminal process. Facts about a crime are submitted to the District Attorney's Office by a law enforcement agency. If the evidence is deemed sufficient to prosecute, a complaint is filed. The District Attorney's Office can authorize a complaint for any crime. Murder is punishable by at least 25 years to life. Class A crimes are punishable by incarceration of up to 40 years. Class D and E (sometimes called misdemeanors) are punishable by less than 1 year in jail and/or a fine less than $2,000. Misdemeanors may be prosecuted in the District Court (before a judge only); although, many are transferred to Superior Court for jury trials at the defendant's request. Almost all A, B and C crimes are prosecuted in Superior Court.WHAT IS BAIL?
The Maine and United States Constitutions provide an absolute right to bail in most criminal cases. The only non-bailable offenses in Maine are Murder, and other so-called "capital" crimes. All other crimes qualify for bail. The purpose of bail is to ensure the presence of the defendant for trial.Most first time criminal defendants are entitled to personal recognizance bail. Bail for defendants with criminal records of serious crimes is generally set higher because they face a harsher sentence, and they have greater pressure to not appear for trial.
The District Attorney's Office may request other bail conditions (such as to have no contact with certain persons) depending upon the charge and the defendant. If you think special conditions are needed in a case involving you, contact a Victim/Witness Advocate.
WHAT HAPPENS TO THE ACCUSED?
People accused of a crime are called defendants. The defendant will first appear before a judge, if not sooner bailed, within 48 hours of the arrest. At the first appearance, the judge advises the defendant of the charges and his constitutional rights. The judge may appoint a defense attorney for the defendant if he cannot afford one. A, B and C cases are scheduled for probable cause hearings in the District Court. The District Attorney's Office usually presents those charges to the Grand Jury which may return an indictment.WHAT IS A PROBABLE CAUSE HEARING?
It is a hearing in the District Court with sworn testimony where the judge, the defendant's attorney, the prosecutor from the District Attorney's Office and any victim or witness subpoenaed are present. The purpose of the hearing is to establish a) that a crime has been committed and b) that the defendant committed it.The burden of proof lies with the prosecutor to show probable cause. Usually, the defendant offers no defense. If the judge finds probable cause, the case is sent to Superior Court for presentation to the Grand Jury. The defendant may and often does waive the probable cause hearing. If the judge does not find probable cause, the court dismisses the case. The case may still be presented to the Grand Jury. The probable cause hearing is an intermediary step, but is not a finding of guilt or innocence. Probable cause hearings are open to the public.
WHAT ARE PRETRIAL MOTIONS?
Both the Office of the District Attorney and Defense Attorney may file pretrial motions, which are requests to the Court. They usually are filed within 21 days of the arraignment. After motions are filed, they are scheduled for hearing. Trials cannot be held until the Court rules on all of the pretrial motions. Victims and witnesses usually are not required to attend pre-trial motions; however, some hearings require their testimony. In most cases the defendant will appear in Court for hearings on motions. Some motions are settled between the Office of the District Attorney and the Defense Attorney without a hearing.WHAT IS THE GRAND JURY?
It is a group of 13 to 23 citizens of Aroostook County impaneled to hear evidence about criminal cases. Grand Jury proceedings are SECRET and witnesses testify under oath to questions of the State's Attorney and the Grand Jurors. Neither the defendant nor the defense counsel is present when witnesses testify before the Grand Jury. The Grand jury members vote, and if 12 or more find probable cause, that the defendant committed a crime, the defendant is indicted. The Grand Jury does not determine innocence or guilt.WHEN WILL THE TRIAL BE SCHEDULED?
The Court schedules trials after all pretrial motions are decided. Sometimes a case is scheduled for trial but is continued by the Court for reasons such as sickness, unavailability of witnesses, or delays in receiving evaluations or Court records. It can take as long as one year until a Superior Court case is scheduled for trial.WHAT IS AN ARRAIGNMENT?
After the indictment is issued, a defendant is arraigned before a Superior Court Judge. The defendant must be present at the arraignment but the victim and witnesses do not have to be present. Victims and witnesses may appear if they wish but are not required to appear. At the arraignment the defendant will enter a plea of "guilty" or "not guilty".WHAT IF THE DEFENSE ATTORNEY OR A PRIVATE INVESTIGATOR CONTACTS ME ABOUT THE CASE?
You may discuss the case with the defense attorney if you wish, but you should report the contact to the State Attorney prosecuting the case. The decision to talk to the defense attorney or the private investigator is your decision alone. The District Attorney's office does not employ private investigators, but the defendant. You may have the right to understand the role of the person contacting you before you discuss the case. You may request the presence of a police officer or prosecutor if you decide to talk to someone. If you would prefer someone to accompany you at the interview by a defense attorney or private investigator, or if you want more information on the role of a private investigator, please contact the Victim/Witness Advocates in the District Attorney's Offices. Someone will be available if you request our presence. It is wise not to talk to anyone on the telephone about the case until you verify who is calling.WHAT SHOULD I DO WHEN I RECEIVE A SUBPOENA?
If you are served a subpoena, you need do nothing until the day before the scheduled court appearance. Follow the directions on the subpoena which require you to phone the District Attorney's Offices (498-2557 Caribou; 532-4294 Houlton) to check the status of your case. This call might save you an unnecessary trip to the courthouse. When you call please refer to the case by name of defendant ("I'm calling to check on State v. John Sherman").CAN I MAKE MY FEELINGS AS VICTIM KNOWN REGARDING SENTENCING?
YES, if the defendant in your case is convicted you have the right to be heard at sentencing. If you are unable or unwilling to appear in the courtroom on the sentencing date, you may submit a written statement, which becomes part of the record. You may also contact the District Attorney's Office and we will relay your feelings to the sentencing judge. Address your comments to the Victim/Witness Advocates of the Office of the District Attorney, Aroostook County Courthouse, 144 Sweden St., Caribou, Maine 04736 or Houlton Superior Courthouse, 26 School Street, Suite 104, Houlton, Maine 04730.HOW DO I FIND OUT THE STATUS OF THE CASE?
As a victim or witness of a crime, you have the right to be provided with information regarding the criminal justice system as it affects you. The Victim/Witness Advocates of the District Attorney's Offices (Caribou: 498-2557; or Houlton: 532-4294) or your local police department will answer your questions about the criminal justice system or a particular case in the Superior Court involving you. If you are a crime victim and you wish to be kept informed of major hearings on a case, please keep the Victim/Witness Advocates updated on any changes in your mailing address or phone number.WHEN CAN I HAVE MY PROPERTY RETURNED?
Although each request is treated individually, property held as evidence generally is returned to its rightful owner at the final disposition of the criminal case. One exception is when property is needed for visual identification only. Often this property may be photographed and released prior to the final disposition directly through your local police department. Check with the police department. Check with the police department responsible for your case or contact the Victim/Witness Advocates of the District Attorney's Offices to obtain an answer to your questions.WHAT IF SOMEONE THREATENS ME TO DROP THE CHARGES?
No person may obstruct justice without committing a new and serious crime: such as tampering with a witness, Class C or B. Whether the harassment occurs before the crime is reported, or during the prosecution of the case, you are protected from this type of intimidation. If you are threatened or harassed from pursuing your case, contact the law enforcement officer in charge of the case and be sure the District Attorney's Office knows about it. Many steps may be taken to stop that activity.AM I COMPENSATED FOR MY EFFORTS AS A WITNESS?
Yes. People ordered to appear in Court as witnesses are entitled to payment for attending. Witnesses are paid $10.00 per day and mileage for travel to and from the courthouse. It may take some time to receive payment due to the large workload of the Court. Check with the District Court to ensure that the Court has record of your appearance in that Court. In Superior Court make your appearance known to the District Attorney's Office for your payment of witness fees.HOW DO I COLLECT RESTITUTION?
If you are the victim of a crime that results in compensable loss, the District Attorney's Office will seek to recover restitution on your behalf. In felony cases, the Office of the District Attorney may send you a victim impact form and a restitution form to complete. If you have suffered a loss and have not signed a restitution form, please contact the Office of the District Attorney.We cannot reimburse you for property damage or injury reimbursed by insurance coverage. That payment will be made directly to the insurer. You are entitled to any deductible in your policy. Only defendants found able to pay restitution may be ordered to pay it.
Payments for restitution often are made under a schedule either set by the Division of Probation or by the Court. Payment usually comes from the Division of Probation and Parole. If you have been notified by the District Attorney's Office of a restitution order, contact the Division of Probation at 764-2042 to determine the restitution schedule and manner of payment.