Address:
121 County Way
Farmington, ME 04938
Phone:
207-778-3032
After your arrival at the Correctional Facility the following process will occur:
Does Franklin County have bail?
What kind of bonds are accepted in Franklin County?
Who can set bail in Franklin County?
When is bail set in Franklin County Maine?
Yes, because Maine is a bail state, bail is accepted in Franklin County.
Franklin County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest. Bail is available in several forms including personal recognizance, unsecured bail, cash bail, surety bail or a supervision contract.
In most cases bail is set by a bail commissioner. For more serious or violent crimes bail must be set by a judge.
If the defendant qualifies for the services of a Franklin County bail commissioner bail will be set shortly after arrest. In cases where a judge is required to set bail this will take place at the initial appearance. This hearing is usually scheduled within 48 hours, not including weekends or holidays.
Bail is what the arrested in Franklin County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Franklin County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Franklin County Detention Center until the case is resolved or goes to trial. Bail can be denied if the defendant did not comply with bail conditions from a previous arrest.
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Franklin County or the district court directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them. Maine courts will process bonds, eliminating the need for a professional bond company.
There are three types of bonds recognized by the Maine courts:
1. A personal recognizance bond which is the promise and signed statement of the defendant to abide by conditions of release and return to court when ordered. There is no money or property (almost always real estate) to be put up. The bail commissioner may charge up to a $60 fee.
2. An unsecured Bond is when the defendant is released without paying bail upfront, but they must pay the full amount if they do not appear in court. The bond commissioner can charge up to a $60 fee to execute this type of bond. If the defendant fails to appear in court or violates a condition of bail, the judge may issue a warrant for arrest.
3. A secured Bond is when the defendant pays a portion of the bail up front in cash, or property. If they show to court, the cash or property (valued at least 1 ½ the amount of bail) would be returned and if they don’t show up to court, would have to pay the entire bail amount. The bail commissioner may charge up to a $60 fee.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a bond. They are not often used in Maine because the courts can execute bonds and do not charge as much as a bondsperson would. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, because Maine is a bail state, bail is accepted in Franklin County.
Franklin County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest. Bail is available in several forms including personal recognizance, unsecured bail, cash bail, surety bail or a supervision contract.
In most cases bail is set by a bail commissioner. For more serious or violent crimes bail must be set by a judge.
If the defendant qualifies for the services of a Franklin County bail commissioner bail will be set shortly after arrest. In cases where a judge is required to set bail this will take place at the initial appearance. This hearing is usually scheduled within 48 hours, not including weekends or holidays.
Yes, a judge may reduce bail set by a bail commissioner during the arraignment. If a judge set sets the initial bail your attorney may file a motion with the court for reconsideration.
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back. A surety is not responsible for court fees or paying off personal debts for the defendant.
Maine counties do not currently offer online payment for bail. Please contact the jail for specific information on how to pay bail. Go to the Franklin County Detention Center for more information about the jails in Franklin County.
Cash, credit card, money order, debit care or surety. All bail payments must be made in person at the Franklin County Detention Center where the defendant is being held.
Contact the jail for specific information on what methods of payment are accepted. Go to the Franklin County Detention Center for more information about posting bail in Franklin County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Yes, Maine offers several types of bail which will not require money down including personal recognizance, unsecured bail, and property surety.
Please remember that if a bail commissioner is assigned to the case there is a fee which must be paid in addition to the bail itself.
The Franklin County Detention Center or court in this jurisdiction can provide you with a list of approved bonds through the court or bond agent.
Bail bond procedures in Franklin County and Maine can change, so it is recommended to contact Franklin County Detention Center at 207-778-3032 or the relevant court immediately after the defendant has been arrested. This will ensure that you receive the most accurate and up-to-date information.
When contacting Franklin County Detention Center or the Franklin County Court Clerk, ask these specific questions:
If the bail amount is too high, contact a lawyer or the public defender to discuss the possibility of a bail reduction. Starting early on this process will help speed up the defendant's release.
Having a lawyer or bail agent handle this process can make it easier and more efficient for you.
Option 1 - How to Post Cash Bail at Franklin County Detention Center
A cash bond requires the full bail amount to be paid in cash, cashier’s check, or money order. Personal checks are not accepted.
The amount may range from $100 to $75,000 or more depending on the charges.
To post the bond, go directly to Franklin County Detention Center or the court where the bail hearing occurred. Going to the jail will expedite the release process, as paperwork from the court must be sent to the jail.
Cashier’s checks and money orders should be made out to Franklin County Detention Center, the Franklin County Sheriff’s Office, or the Franklin County Court.
You can purchase money orders from Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Franklin County Detention Center
If you don’t have the full bail amount, a surety bond is another option. A bail agent posts the full bail in exchange for a premium, which is usually 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will be between $500 and $750.
The bail agent may require collateral, such as property or valuables, to secure the bond. If the defendant fails to appear in court, the agent may collect this collateral.
When you sign an agreement with a bail agent, you become responsible for paying the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Franklin County Detention Center
If you own property in Franklin County, you may be able to post a property bond. All property owners must be present to sign the bond agreement.
For properties located outside of Franklin County, contact a local bail agent or defense attorney for more details.
For more information, click here to learn how to post bail at Franklin County Detention Center.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Maine state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
