Maryland Criminal Law & Court
Procedures
What
Happens in a Criminal Case in Maryland Courts?
1) Initial Arrest
& Bail
In a situation in which someone is arrested and
not immediately released, the person is brought
to jail. Once in jail, a Magistrate sets the initial
bail. If bail is set and the individual cannot
afford to post it, then the individual is held in
custody until the arraignment, which, in most cases,
cannot be longer than 72 hours. If the individual
can afford the amount set then he/she will be
released following payment and required to show up
at the arraignment on his/her own accord.
2) The Arraignment &
Entering a Plea
After criminal charges are filed against an
individual in Maryland, he or she appears in court
for an arraignment. During the arraignment,
the judge will formally charge the accused with the
crime(s) for which he/she is accused of committing.
Bail may be raised or lowered as well (see “Bail”
below for different types of bail.) In addition,
the individual will be asked to enter a plea
(guilty, not guilty, or nolo contendere) to the
crime with which he/she has been charged.
Guilty Plea
A “Guilty” plea means that the individual admits
to everything with which he/she is charged and is
willing to face whatever penalty the court imposes.
It is not wise to plead guilty at arraignment; at
the very least, one ought to speak with an attorney
first.
Not Guilty Plea
A “Not
Guilty” plea means that the individual does not
admit to anything with which he/she is charged.
Although it is not necessarily a denial of the
charges, essentially, it means that the defendant
intends to hold the State of Maryland to its burden
of proof. In almost every case, a defendant should
enter a not guilty plea.
Nolo Contendere (no contest)
A “Nolo Contendere” plea means that the
individual, while not admitting guilt, does not
dispute the charge(s). This is preferable to a
guilty plea because guilty pleas can be used against
individuals in later civil lawsuits. A nolo
contendere should not be entered except pursuant to
the advice of an attorney.
3) Bail
At Arraignment
In many cases the individual is released on
recognizance or “O.R.” (own recognizance) (or supervised OR).
Essentially, he/she does not have to pay bail
because the court judges that the individual will
show up for court appearances on his/her own accord.
Bail is money paid to the court to ensure that
individual’s return to court on all future dates. An
individual may post bail or him/herself, have
someone over 18 years old post it on the
individual’s behalf, or use a bondsman. The person
posting bail assumes full responsibility for the
individual’s appearance in court. If the defendant
fail to appear as required, a warrant will be issued
for his/her immediate arrest and the bail will be
forfeited.
4)
Types Of Bail
There are several ways in which to post bail, as
follows:
Cash
A percentage of the
total amount may be posted.
Property
Property, such as a
home or land, may be used to post bail, provided
that the amount of equity in the property meets or
exceeds the amount of bail.
Intangible
Property
Intangible assets,
such as the following, are acceptable: Bankbooks,
certificates of deposit, letters of credit, and
stock certificates.
A commissioner of the
court may not accept intangible assets, only a clerk
may do so.
Credit / Debit Cards
Both clerks and
commissioners may accept credit as a form of bond.
The card is charged in the amount of the bail as
well as a service fee. The card must be presented
along with some form of identification.
Bail Bondsman
A bail bondsman is a
licensed professional who charges a non-refundable
fee to post bail. In addition to the fee, bondsmen
usually require collateral security or property.
5)
Preliminary Hearing
After the arraignment,
the individual appears before a District Court
commissioner (similar to a magistrate) for a preliminary hearing.
If you are
charged with a minor offense (misdemeanor level), the preliminary hearing
serves as an inquiry to determine if you have an attorney and understand the charges. This hearing is often waived if an
your attorney enters his or her appearance.
In addition, at the preliminary hearing, the
commissioner does the following:
- ensures that you understand the charges against
you
and the possible penalties;
- advises you
of your right to an attorney;
- advises you of your responsibility in obtaining an
attorney;
- decides whether you should be
held or released before trial; and,
- determines
whether bail should be set, and, if so, the amount.
If you are
charged with a felony, then the hearing commissioner
at the preliminary hearing will determine if probable cause exists to charge
you with the particular crime you are alleged to have committed.
You, as the accused do not
have a right to testify at this hearing, nor are you
allowed to put forth evidence. You are not on trial,
it is the state that must establish the legal
standard of probable cause to continue with
the case against you. However, you and your attorney may confront the evidence against
you, i.e. by cross-examination.
If the court finds no
probable cause, charges may be dismissed. However,
the state’s attorney may re-file charges later, but
that is unlikely.
6)
Right To An Attorney
In Maryland, every
person accused of a crime, the penalty of which is
incarceration (jail), has the right to be represented by
counsel. If you want a lawyer but cannot
afford one, the state will appoint the individual a
lawyer free of charge, so long as you are
eligible. The Maryland
Office of the Public Defender
(877-430-5187) handles all indigent cases.
7)
Jury Trial / Bench Trial
In District Court a person may request a jury trial in the
appropriate Circuit Court if the crime with which
you have been charged carries penalties of 90 days or more
in jail. Otherwise, a judge will hear the case; this
is often referred to as a “Bench Trial.”
Deciding on a bench trial vs. a jury trial depends
on a wide variety of factors in your case, which you
can discuss with your attorney.
If you have a District Court case with a right to a jury
trial and wish do to so, you and your defense
attorney must file a request
for a jury trial at least 15 days before the
scheduled trial date.
What is the
Difference Between a Felony And a Misdemeanor?
In Maryland there is
no clear line for determining whether a crime is a
felony or a misdemeanor. Unless the statute says
otherwise, the classification of a crime as a felony
or a misdemeanor comes down to what is was
considered at common law. Unless the offense was
considered a felony at common law, or is specified
as such in the statute, the crime will be considered
a misdemeanor.
However, there is a
rule-of-thumb used to distinguish a misdemeanor from
a felony: Unless a statute says otherwise, crimes
that have a penalty of more than 1 year in jail are
considered felonies, while crimes that have a
penalty of 1 year or less in jail are considered
misdemeanors. More on
felony v. misdemeanor.
The Criminal
Appeals Process
If you decide to go to trial in
District Court and don't agree with the decision
or the sentence by the judge, you can
appeal that decision. Appellate law is a specialized
area of criminal defense. If your lawyer finds
grounds for appeal, you will be given a new
trial in the Circuit Court. If you are
convicted after trial in the Circuit Court, then
you may appeal to the Court of Special Appeals.
Maryland Criminal Court Structure
In the state of Maryland there are two trial
courts; the District Court and the Circuit Court.
Both courts hear criminal cases. The District Court
hears the less serious criminal matters, while the
Circuit Courts hear the more serious matters, (see
“difference between a felony and a misdemeanor”
below.)
Maryland District Courts
There are 34 courts in 12 districts statewide.
The District Court operates as a unified system. At
least one judge presides in each county and
Baltimore City. There is no right to a jury trial in
the District Courts; all trials are heard by a
judge. (see above, “Jury Trial / Bench Trial).
In certain circumstances, a case may be removed to
the Circuit Court upon a request for a jury trial.
The District Court has jurisdiction over traffic
violations, misdemeanor level charges, and some felonies. The
Circuit Court shares jurisdiction with the District
Court in cases in which the crime charged carries a
penalty of three years or more in prison and/or a
fine of $2,500 or more.
Maryland Circuit Courts
There is a Circuit Court in each county
and Baltimore City. The circuit courts of Maryland
are the trial courts of general jurisdiction. The
Circuit Courts are funded by each county or city.
They are not unified, like the District Court.
Circuit Court hears more serious, felony level criminal matters,
appeals from the District Court (see “appeals”
above,) and cases from the District Court in
which a party requested a jury trial.
Call Me For a Free Consultation on any
Maryland Criminal Charge
I will consult with you on any criminal charges
in Maryland in my free legal consultation. If you've been
arrested and charged with a crime in the state of
Maryland, you need help as soon as possible. The
first step is to talk to an attorney who handles
criminal defense cases every day. I will help you
figure out your options and what to do next to
protect your right, your freedom, and keep your
record clean. Call me at
(866) 382-8646
for a no obligation, criminal defense
consultation.
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