State v. Leblanc-Simpson

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At issue was whether a defendant who has conditions of release set by a judicial officer can be convicted of violation of a condition of release for acts committed while in jail after not securing release on bail.Defendant was convicted of twelve counts of violating a condition of release. On appeal, Defendant argued that the conditions of release order did not apply to him because he had failed to post bail and had not been released from jail to make the conditions of release applicable. Defendant further argued that he was not provided with adequate notice of the conditions of release or of the penalties for violating conditions of release while he remained incarcerated, as required by Me. Rev. Stat. 15 1026(5). The Supreme Judicial Court vacated the judgment of the trial court, holding (1) the conditions of release order, by law, was effective when entered at the initial appearance hearing; but (2) there was insufficient evidence that Defendant was provided with notice of the conditions of release applicable to him while he was in jail. View "State v. Leblanc-Simpson" on Justia Law