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Maine

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may also file a motion to modify the sentence.
  • Victims can receive information about post-trial motions from the local district attorney’s office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • Victims can receive updates on direct appeal from the local district attorney’s office where the crime was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • Victims can receive information on post-conviction from the local district attorney’s office where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Maine law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.

Early Release Programs

These programs include community release and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Maine, including community release and earning “credits” that reduce the length of their sentences for completion of rehabilitative, educational, or other programs.
  • For notification on early release programs, victims must file a notification with the prosecutor’s office and register with the office of the attorney for the Maine Department of Corrections (DOC) online and contact the DOC by phone at 1-800-968-6909.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Maine law. The Pardon Board helps the governor in this process. In Maine, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims can receive updates on clemency from the local district attorney’s office where the crime was prosecuted.

Victims Rights
Post-Conviction

In Maine, victims have the right to:
  • Be treated with dignity and respect
  • Be notified of all court proceedings*
  • Notification of the incarcerated person’s release, parole, furlough, work release, and end of supervision and/or probation*
  • Request restitution and apply for crime victim’s compensation.

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Maine Victims Compensation Board reimburses victims of violent crime for expenses related to the crime, such as medical costs, funeral and burial costs, and lost income.
  • For assistance with restitution recovery, victims may contact the local district attorney where the crime was prosecuted. Victims can write or call for an application to the Victims Compensation Board. Applications must be filed within 3 years of the crime, with limited exceptions.

 

Click here to learn more about the post-conviction process and victims’ rights in Maine

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