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period of deferment, and the person fails to appear at that | | hearing, the person may be arrested pursuant to a bench warrant or | | an order of arrest.__If the hearing is to determine whether the | | person has inexcusably failed to comply with a court-imposed | | deferment requirement, the attorney for the State shall apply for a | | warrant of arrest in accordance with Rule 41 of the Maine Rules of | | Criminal Procedure. |
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| | | §1348-C.__Limited review by appeal |
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| | | A person is precluded from seeking to attack the legality of a | | deferred disposition, including a final disposition, except that | | a person who has been determined by a court to have inexcusably | | failed to comply with a court-imposed deferment requirement and | | thereafter has been sentenced to an alternative authorized for | | the crime may appeal to the Law Court, but not as of right.__The | | time for taking the appeal and the manner and any conditions for | | the taking of the appeal are as the Supreme Judicial Court | | provides by rule. |
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| | | §1349.__Eligibility for sentence alternative that includes |
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| | | period of administrative release |
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| | | A person who has been convicted of a Class D or Class E crime | | may be sentenced to a sentence alternative under section 1152 | | that includes a period of administrative release, unless: |
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| | | A.__The statute that the person is convicted of violating | | expressly provides that the fine and imprisonment penalties | | it authorizes may not be suspended, in which case the |
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| | | convicted person must be sentenced to the imprisonment and | | required to pay the fine authorized therein; |
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| | | B.__The court sentences the person to a sentencing | | alternative under section 1152 that includes a period of | | probation; or |
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| | | C.__The court finds that such a sentence would diminish the | | gravity of the crime for which that person was convicted. |
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| | | §1349-A.__Period of administrative release |
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| | | 1.__A person who has been convicted of a Class D or Class E | | crime may be placed on administrative release for a period not to | | exceed one year. |
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