This bill establishes the Maine Speedy Trial Act. The Act establishes different time limits for the commencement of a defendant's criminal trial depending on when the complaint, indictment or information was filed and what class of crime the defendant is charged with. The Act also provides a time limit for the commencement of a new trial following a mistrial or order for a new trial. A defendant may waive the right to a speedy
41 trial under the Act after the defendant has been advised of the defendant's rights with
42 respect to the Act by the court. The Act also establishes several reasons for delay, which are excluded in computing the time limits for the commencement of trial; factors the court may consider when granting a motion to enlarge the maximum time period before commencement of trial; and remedies available to the defendant when the time limits established by the Act are not complied with. Upon motion by the defendant, the court must dismiss the case either with or without prejudice if it finds that the defendant's trial did not commence within the applicable time limit or any enlargement of that limit. Any victim of the crime for which the defendant is charged must be notified of any hearing to determine whether the defendant's rights under the Act have been violated, and that victim may object to the dismissal of charges and may be heard by the court at the time of that hearing.
Statutes affected: Bill Text LD 340, HP 240: 17-A.2102