HP1554, LD 2171, item 1, An Act Concerning Communication between Prosecutors and Unrepresented Defendants

An Act Concerning Communication between Prosecutors and Unrepresented Defendants

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA §815 is enacted to read:

§ 815. Communication between prosecutor and unrepresented defendant

To ensure that all waivers of the right to counsel are made knowingly, voluntarily and intelligently, a prosecutor may not communicate with an unrepresented defendant unless:

1. Informed of right. The defendant has been informed of the defendant's right to court-appointed counsel;

2. Statement by the court. The court has provided to the defendant a statement of:

A. The substance of the charges against the defendant;

B. The defendant's right to retain counsel, to request the assignment of counsel and to be allowed a reasonable time and opportunity to consult counsel before entering a plea;

C. The defendant's right to remain silent and that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant;

D. The maximum possible sentence and any applicable mandatory minimum sentence; and

E. The defendant's right to trial by jury; and

3. Written waiver. The defendant has executed a written waiver of the right to counsel in each case.

SUMMARY

This bill implements a recommendation of the Sixth Amendment Center. It prohibits prosecutors from communicating with an unrepresented defendant unless the defendant has been informed of the defendant's right to appointed counsel, the court has provided the required statement of rights as specified in Maine Rules of Criminal Procedure, Rule 5(b) and the defendant has executed a written waiver of the right to counsel in each case. A defendant's waiver of the right to counsel must be knowing, voluntary and intelligent. Faretta v. California, 422 US 806 (1975).

HP1554 LD 2171	Session - 129th Maine Legislature		LR 3300 Item 1
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