Maine’s bail commissioners set preconviction bail for almost all defendants. The exceptions are:
• A judge will set bail in cases where a defendant is charged with murder.
• A judge will set bail in cases in which the attorney for the state requests a Harnish bail proceeding, which is held when the defendant is accused of crimes other than murder, such as rape, that previously warranted capital punishment in the state.
• Bail is not set in cases where a defendant is “confined in jail or held under arrest by virtue of any order issued by a court in which bail has not been authorized.”
Source: Maine statutes