Dej Agreement

The diversion coordinator checks all the defendants referred to the diversion program. The COMPAS assessment is used to measure the risks and needs of the defendants and plays a key role in defining the terms of the deviation agreement, tailored to the specific needs of each participant. The main tasks of case management are to monitor the compliance of the accused with the conditions, to report to the accused for their conduct and to ensure the performance of periods of public service. From a practical point of view, a registration agreement is, from the point of view of an accused, a very favourable means of resolving the case, since it does not require the accused to confess guilt or admit to conduct. In addition, the terms of a registration agreement are generally less onerous for a defendant and, in the event that the defendant is unable to comply with the terms of the registration agreement, the State must induce the court to return the case to the dock, which, if granted, gives the defendant the opportunity to return to the prosecution. The deferred injunction decision is governed by 17-A M.R.S.A. § 1348-B, which requires the court to hold a judgment hearing in which the defendant bears the burden by demonstrating, as an overweight of the evidence, that he has complied with the terms of the deferred disposition contract. If the defendant can make such a presentation, the Tribunal will follow the solution contained in the agreement, which generally consists in allowing the defendant to withdraw its plea and dismiss the case. However, dismissal is not guaranteed, since the agreement may require the State to introduce a new lesser charge, to which the defendant makes a plea and is sentenced in accordance with the terms of the deferred order agreement.

If the defendant is unable to prove, by weight of evidence, that he complied with the deferred disposition agreement, the court will sentence the defendant to the original charge, in accordance with the terms of the agreement. If, during the course of the agreement, the prosecutor likely has reason to believe that the accused is not complying with the deferred injunction agreement or that he or she has engaged in new criminal conduct, the prosecutor may ask the court to terminate the deferred injunction and convict the original charge. The court will request a hearing at the request of the prosecutor, who must prove, by an overweight of the evidence, that the accused did not comply. [11] (b) Unnecessary judicial authorization. the Tribunal`s agreement to the filing of a written notice agreement by the parties is not required; however, a notification agreement is subject to review by the General Court. If the agreement provides for the payment of prosecution costs by the defendant, these agreed costs may reach a maximum amount of fines for the criminal offence depending on their criminal class and must not reflect the actual cost of the prosecution. The second type of deferred decision in Maine is what is called a “deferred provision.” Unlike a notification contract, there is legal jurisdiction under 17-A M.R.S.A. § 1348 et seq.

for a deferred disposition. In addition, a deferred order requires that, unlike a notification agreement, the defendant confess guilt on the merits before the sentence is postponed during the deferral agreement. . . .