Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 810 (2026)

Copy of indictment furnished; assignment of counsel

✓ current as of May 2026
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1.  Copy of indictment furnished.  The clerk shall, without charge, furnish to any person indicted for a crime a copy of the indictment unless the indictment is sealed.  
[PL 2023, c. 485, §1 (NEW).]
2.  Assignment of counsel before arraignment.  Before arraignment, competent defense counsel must be assigned by the court unless waived by the accused after being fully advised of the accused's rights by the court if the court determines that the accused is indigent and the accused is charged with murder or a Class A, B or C crime, except when the accused has not had an initial appearance on the complaint.  
[PL 2023, c. 485, §1 (NEW).]
3.  Assignment of counsel at arraignment.  Competent defense counsel must be assigned by the court unless waived by the accused after being fully advised of the accused's rights by the court if the court determines that the accused is indigent and that:  
A. There is a risk upon conviction that the accused may be sentenced to a term of imprisonment;   [PL 2023, c. 485, §1 (NEW).]
B. The accused has a physical, mental or emotional disability preventing the accused from fairly participating in the criminal proceeding without counsel; or   [PL 2023, c. 485, §1 (NEW).]
C. The accused is a noncitizen for whom the criminal proceeding poses a risk of adverse immigration consequences.   [PL 2023, c. 485, §1 (NEW).]
[PL 2023, c. 485, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 352, §§1,2 (AMD). PL 1965, c. 356, §31 (AMD). PL 1971, c. 544, §50 (AMD). P&SL 1975, c. 147, Pt. C, §14 (AMD). PL 2023, c. 485, §1 (RPR).
Notes of Decisions
Cited in 6 cases, 1986–2017 · leading case: State v. Chase, 157 A.3d 1291 (Me. 2017).
State v. Tomah, 560 A.2d 575 (Me. 1989). “See 15 M.R.S.A. § 810 (1980); M.R.Crim.P. 44.”
State v. Chase, 157 A.3d 1291 (Me. 2017). “15 M.R.S. § 810 (2016); 22 M.R.S. § 4005(2) (2016).”
Colson v. Joyce, 646 F. Supp. 102 (D. Me. 1986). “At this hearing, the court ordered Petitioner committed to the Cumberland County Jail for 35 days to serve out his $350 fine at the rate of $10 per day.”
State v. Smith, 677 A.2d 1058 (Me. 1996). “44 is not inconsistent with 15 M.R.S.A. § 810 (1980) that provides that when it appears to the court that an accused has insufficient means to employ counsel, the Superior or District Court shall appoint counsel in all criminal cases charging a felony and may appoint counsel in…”
State of Maine v. Daniel L. Chase, 2017 ME 43 (Me. 2017). “15 M.R.S. § 810 (2016); 22 M.R.S. § 4005(2) (2016).”
State v. Patten Corp., 617 A.2d 210 (Me. 1992). “On appeal Patten argues for the first time that the $40 rate is appropriate because both the statute authorizing payment to counsel for representing indigent criminal defendants, 15 M.R.S.A. § 810, and section 1522 require “reasonable” compensation or fees, and because the rate…”
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