LD 1903
pg. 12
Page 11 of 47 PUBLIC Law Chapter 711 Page 13 of 47
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LR 2718
Item 1

 
alternative authorized for the crime to which the person pled
guilty.

 
2.__If during the period of deferment the attorney for the
State has probable cause to believe that a person who was granted
deferred disposition pursuant to section 1348-A has violated a
court-imposed deferment requirement, the attorney for the State
may move the court to terminate the remainder of the period of
deferment and impose sentence.__Following notice and hearing, if
the court finds by a preponderance of the evidence that the
person has inexcusably failed to comply with a court-imposed
deferment requirement, the court may continue the running of the
period of deferment with the requirements unchanged, modify the
requirements, add further requirements or terminate the running
of the period of deferment and impose a sentencing alternative
authorized for the crime to which the person pled guilty.__If the
court finds that the person has not inexcusably failed to comply
with a court-imposed deferment requirement, the court may order
that the running of the period of deferment continue or, after
notice and hearing, take any other action permitted under this
chapter.

 
3.__A hearing under this section or section 1348-A must be
held in the court that ordered the deferred disposition.__The
hearing need not be conducted by the justice or judge who
originally ordered the deferred disposition.

 
4.__The person at a hearing under this section or section
1348-A must be afforded the opportunity to confront and cross-
examine witnesses against the person, to present evidence on that
person's own behalf and to be represented by counsel.__If the
person who was granted deferred disposition pursuant to section
1348-A can not afford counsel, the court shall appoint counsel
for the person.__Assignment of counsel and withdrawal of counsel
must be in accordance with the Maine Rules of Criminal Procedure.

 
5.__A summons must be used to order a person who was granted
deferred disposition pursuant to section 1348-A to appear for a
hearing under this section.__If the person can be located and
served with a summons, the attorney for the State may not
commence a hearing under this section by having the person
arrested, except that a person who fails to appear as required
may be arrested pursuant to a bench warrant or an order of
arrest.

 
6. If a person who was granted deferred disposition pursuant
to section 1348-A can not, with due diligence, be located, the
attorney for the State shall file a written notice of this fact
with the court that ordered the deferred disposition.__If the
hearing is for a final disposition at the conclusion of the


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