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Rule 4-201 – Charging Document-Use

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Requirement. An offense shall be tried only on a charging document.
(b) In the District Court. In the District Court, an offense may be tried (1) on an information, (2) on a statement of charges filed pursuant to section (b) Rule 4-211, or (3) on a citation in the case of a petty offense or when authorized by statute.
(c) In the Circuit Court. In the circuit court, an offense may be tried

(1) on an indictment, or
(2) on an information if the offense is (A) a misdemeanor, or (B) a felony within the jurisdiction of the District Court, or (C) any other felony and lesser included offense if the defendant requests or consents in writing to be charged by information, or if the defendant has been charged with the felony and a preliminary hearing pursuant to Rule 4-221 has resulted in a finding of probable cause, or if the defendant has been charged with the felony as to which a preliminary hearing has been waived, or
(3) on a charging document filed in the District Court for an offense within its jurisdiction if the defendant is entitled to and demands a jury trial or appeals from the judgment of the District Court.
(d) Sealing a Charging Document. When a court directs that a charging document be kept secret until the defendant has been arrested or served, the clerk shall seal the charging document until arrest or service. While the charging document is sealed no person shall disclose the fact that it has been filed or its contents, except as necessary for the issuance and execution of a summons or warrant.

Committee note: When a warrant for the arrest of the defendant has been issued pursuant to Rule 4-212(d)(1) or (d)(2) and the charging document has not been sealed pursuant to this Rule, the right to inspect the charging document is governed by Rule 4-212(d)(3).

(e) Docket in Place of Citation. A court may conduct a trial of an offense charged by citation without having a copy of the citation before it if the court has a docket containing all pertinent details extracted from the citation. The docket shall be prima facie proof of the contents of the citation. If any material entry on the docket is contested by any party, the court shall obtain a copy of the citation before proceeding with the trial.

Md. Crim. Causes. 4-201

This Rule is derived as follows:

Section (a) is derived from former Rule 710 a and M.D.R. 710 a.

Section (b) is derived from former M.D.R. 710 b, c and d.

Section (c) is derived from former Rule 710 b, c and d.

Section (d) is derived from former Rule 710 e and M.D.R. 710 e.

Section (e) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended eff. June 8, 1998.