More Categories

Rule 4-211 – Filing of Charging Document

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Citation. The original of a citation shall be filed in District Court promptly after its issuance and service.
(b) Statement of Charges.

(1)Before Any Arrest. Except as otherwise provided by statute, a judicial officer may file a statement of charges in the District Court against a defendant who has not been arrested for that offense upon written application containing an affidavit showing probable cause that the defendant committed the offense charged. If not executed by a peace officer, the affidavit shall be made and signed before a judicial officer.
(2)After Arrest. When a defendant has been arrested without a warrant, unless an information is filed in the District Court, the officer who has custody of the defendant shall (A) forthwith cause a statement of charges to be filed against the defendant in the District Court and (B) at the same time or as soon thereafter as is practicable file an affidavit containing facts showing probable cause that the defendant committed the offense charged.

Cross reference: See Code, Courts Article, ยง 2-608 for special requirements concerning an application for a statement of charges against a law enforcement officer, an educator, or a person within the definition of “emergency services personnel in that section for an offense allegedly committed in the course of executing the person’s duties.

(c) Information. A State’s Attorney may file an information as permitted by Rule 4-201.

Committee note: Nothing in section (b) of this Rule precludes the filing of an information in the District Court by a State’s Attorney at any time, whether in lieu of the filing of a statement of charges or as an additional or superseding charging document after a statement of charges has been filed.

(d) Indictment. The circuit court shall file an indictment returned by a grand jury.

Md. Crim. Causes. 4-211

This Rule is derived as follows:

Section (a) is derived from the last clause of M.D.R. 720 i.

Section (b) is derived from M.D.R. 720 a and b.

Section (c) is new.

Section (d) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 7, 1994, eff. Oct. 1, 1994; April 12, 1999; Oct. 5, 1999.

HISTORICAL NOTES

1999 Orders

The April 12, 1999, order, in subsec. (b)(2), clarified that the requirement of the filing of a statement of charges is applicable only if the state’s attorney has not filed an information in the District Court; and added a committee note following section (c).

The Court of Appeals issued two rules orders on April 12, 1999. One order, effective April 12, 1999, amended Rule 4-211. Another order, effective July 1, 1999, amended Rule 4-301.

The October 5, 1999, order amended the cross reference following section (b).