State Codes and Statutes

Statutes > Maine > Title15 > Title15ch105sec0 > Title15sec806

Title 15: COURT PROCEDURE -- CRIMINAL

Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)

Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE

Subchapter 1: GENERAL PROVISIONS

§806. Complaint adjudged frivolous or malicious; appeal

If following an examination, it appears that no offense has been committed or that there is not probable cause to charge the accused, on motion of the defendant the judge shall render judgment whether or not the complaint is frivolous or malicious. If the judge judges the complaint to be frivolous or malicious, he shall order the complainant to pay the costs of prosecution and shall issue execution in favor of the county and against the complainant for such sum, and may receive and pay over said costs to the county treasurer for the use of the county, and if the same are not paid, the judge shall return said execution to the county commissioners, for the use of the county. The complainant has the same right of appeal as in civil cases. [1965, c. 356, §28 (AMD).]

SECTION HISTORY

1965, c. 356, §28 (AMD).

State Codes and Statutes

Statutes > Maine > Title15 > Title15ch105sec0 > Title15sec806

Title 15: COURT PROCEDURE -- CRIMINAL

Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)

Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE

Subchapter 1: GENERAL PROVISIONS

§806. Complaint adjudged frivolous or malicious; appeal

If following an examination, it appears that no offense has been committed or that there is not probable cause to charge the accused, on motion of the defendant the judge shall render judgment whether or not the complaint is frivolous or malicious. If the judge judges the complaint to be frivolous or malicious, he shall order the complainant to pay the costs of prosecution and shall issue execution in favor of the county and against the complainant for such sum, and may receive and pay over said costs to the county treasurer for the use of the county, and if the same are not paid, the judge shall return said execution to the county commissioners, for the use of the county. The complainant has the same right of appeal as in civil cases. [1965, c. 356, §28 (AMD).]

SECTION HISTORY

1965, c. 356, §28 (AMD).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title15 > Title15ch105sec0 > Title15sec806

Title 15: COURT PROCEDURE -- CRIMINAL

Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)

Chapter 105: EXAMINATION, ARRAIGNMENT AND RECOGNIZANCE

Subchapter 1: GENERAL PROVISIONS

§806. Complaint adjudged frivolous or malicious; appeal

If following an examination, it appears that no offense has been committed or that there is not probable cause to charge the accused, on motion of the defendant the judge shall render judgment whether or not the complaint is frivolous or malicious. If the judge judges the complaint to be frivolous or malicious, he shall order the complainant to pay the costs of prosecution and shall issue execution in favor of the county and against the complainant for such sum, and may receive and pay over said costs to the county treasurer for the use of the county, and if the same are not paid, the judge shall return said execution to the county commissioners, for the use of the county. The complainant has the same right of appeal as in civil cases. [1965, c. 356, §28 (AMD).]

SECTION HISTORY

1965, c. 356, §28 (AMD).