Rule 5B. Transfer From District Court to Superior Court If a Class C or Higher Crime is Added by Attorney for the State [Abrogated. See M.R.U. Crim. P. 1(e) for the effective date.]

Committee Notes

Advisory Committee Note—1994 [M.R. Crim. P. 5B.] See Advisory Committee Note to 1994 amendment to Rule 5.

Advisory Committee Note—1998 [M.R. Crim. P. 5B(1).] This amendment is necessitated by the changes being made to current Rules 5 and 5A. See Advisory Committee Notes to M.R. Crim. P. 4A, 5 and 5A.

Advisory Committee Note—2004 [M.R. Crim. P. 5B.] Rule 5B authorizing experimental use of audiovisual devices for arraignments was adopted to govern a specific project that has not been operational for some time. Appearance by audiovisual device at first appearances in District Court is now separately authorized in Rule 5(a). Thus, Rule 5B is no longer necessary.

Advisory Committee Note –March 2005 [M.R. Crim. P. 5B.] This amendment replaces a Rule abrogated August 1, 2004. It addresses the circumstance in which a criminal proceeding is initiated in District Court because the charges initially are Class D or Class E crimes, but the attorney for the state determines that a Class C or higher related crime should also be initiated. In that event, this new Rule allows for the complaint to be amended to include the felony. Upon appearance by the accused, the District Court, as presently occurs with felony charges, would advise the accused of his or her rights and the substance of the original and added charges, provide a copy of the pending charges to the accused, and address any bail issues. The accused would not be called upon to plead unless the accused elected to plead guilty pursuant to Rule 11(f). Following the appearance by the accused, the matter would be transferred to the appropriate Superior Court for all further proceedings. The transfer should occur promptly after the initial appearance.

Advisory Committee Note – June 2005 [M.R. Crim. P. 5B.] This amendment clarifies that if a Class C or higher crime is added by the attorney for the state in District Court, the proceeding to be conducted by the judge prior to transfer to the Superior Court may necessitate a Rule 4A determination of probable cause and, in addition to the current requirements specified in the Rule, must include both an initial statement and a further statement mirroring that provided to an accused by a Superior Court justice pursuant to Rule 5C(b) and (c).

Advisory Note—July 2010 [M.R. Crim. P. 5B.] The amendment to M.R. Crim. P. 5B eliminates the reference to any specific court in the second sentence, as the appearance and statements addressed in Rule 5C(b) and (c) may be before either a District Court judge or a Superior Court justice. [Rule 5C was in effect until the effective date for the Maine Rules of Unified Criminal Procedure. See M.R.U. Crim. P. 1(e) for the effective date.]