More Categories

Rule 4-212 – Issuance, Service, and Execution of Summons or Warrant

May 13, 2021 | Criminal Prodcedure, Maryland

(a) General. When a charging document is filed or a stetted case is rescheduled pursuant to Rule 4-248, a summons or warrant shall be issued in accordance with this Rule. Title 5 of these rules does not apply to the issuance of a summons or warrant.
(b) Summons–Issuance. Unless a warrant has been issued, or the defendant is in custody, or the charging document is a citation, a summons shall be issued to the defendant (1) in the District Court, by a judicial officer or the clerk, and (2) in the circuit court, by the clerk. The summons shall advise the defendant to appear in person at the time and place specified or, in the circuit court, to appear or have counsel enter an appearance in writing at or before that time. A copy of the charging document shall be attached to the summons. A court may order the reissuance of a summons.
(c) Summons–Service. The summons and charging document shall be served on the defendant by mail or by personal service by a sheriff or other peace officer, as directed (1) by a judicial officer in the District Court, or (2) by the State’s Attorney in the circuit court.
(d) Warrant–Issuance; Inspection.

(1)In the District Court.

(A) By Judge. A judge may, and upon request of the State’s Attorney shall, issue a warrant for the arrest of the defendant, other than a corporation, upon a finding that there is probable cause to believe that the defendant committed the offense charged in the charging document and that (i) the defendant has previously failed to respond to a summons that has been personally served or a citation, or (ii) there is a substantial likelihood that the defendant will not respond to a summons, or (iii) the whereabouts of the defendant are unknown and the issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court, or (iv) the defendant is in custody for another offense, or (v) there is probable cause to believe that the defendant poses a danger to another person or to the community. A copy of the charging document shall be attached to the warrant.
(B) By Commissioner. On review of an application by an individual for a statement of charges, a commissioner may issue a warrant for the arrest of the defendant, other than a corporation, upon a finding that there is probable cause to believe that the defendant committed the offense charged in the charging document and that (i) the defendant has previously failed to respond to a summons that has been personally served or a citation, or (ii) the whereabouts of the defendant are unknown and the issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court, or (iii) the defendant is in custody for another offense, or (iv) there is probable cause to believe that the defendant poses a danger to another person or to the community. A copy of the charging document shall be attached to the warrant.

Cross reference: See Code, Courts Article, § 2-607.

(2)In the Circuit Court. Upon the request of the State’s Attorney, a judge may order, in writing or on the record, issuance of a warrant for the arrest of a defendant, other than a corporation, if an information has been filed against the defendant and the circuit court or the District Court has made a finding that there is probable cause to believe that the defendant committed the offense charged in the charging document or if an indictment has been filed against the defendant; and (A) the defendant has not been processed and released pursuant to Rule 4-216, 4-216.1, or 4-216.2, or (B) the court finds there is a substantial likelihood that the defendant will not respond to a summons. A copy of the charging document shall be attached to the warrant. Unless the court finds that there is a substantial likelihood that the defendant will not respond to a criminal summons, the court shall not order issuance of a warrant for a defendant who has been processed and released pursuant to Rule 4-216, 4-216.1, or 4-216.2 if the circuit court charging document is based on the same alleged acts or transactions. When the defendant has been processed and released pursuant to Rule 4-216, 4-216.1, or 4-216.2, the issuance of a warrant for violation of conditions of release is governed by Rule 4-217.
(3)Inspection of the Warrant and Charging Document. Unless otherwise ordered by the court, files and records of the court pertaining to a warrant issued pursuant to subsection (d)(1) or (d)(2) of this Rule and the charging document upon which the warrant was issued shall not be open to inspection until either (A) the warrant has been served and a return of service has been filed in compliance with section (g) of this Rule or (B) 90 days have elapsed since the warrant was issued. Thereafter, unless sealed pursuant to Rule 4-201(d), the files and records shall be open to inspection.

Committee note: This subsection does not preclude the release of otherwise available statistical information concerning unserved arrest warrants nor does it prohibit a State’s Attorney or peace officer from releasing information pertaining to an unserved arrest warrant and charging document.

Cross reference: See Rule 4-201 concerning charging documents. See Code, General Provisions Article, § 4-316, which governs inspection of court records pertaining to an arrest warrant.

(e) Execution of Warrant–Defendant Not in Custody. Unless the defendant is in custody, a warrant shall be executed by the arrest of the defendant. Unless the warrant and charging document are served at the time of the arrest, the officer shall inform the defendant of the nature of the offense charged and of the fact that a warrant has been issued. A copy of the warrant and charging document shall be served on the defendant promptly after the arrest. The defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest or, if the warrant so specifies, before a judicial officer of the circuit court without unnecessary delay and in no event later than the next session of court after the date of arrest. The court shall process the defendant pursuant to Rule 4-216, 4-216.1, or 4-216.2 and may make provision for the appearance or waiver of counsel pursuant to Rule 4-215.

Committee note: The amendments made in this section are not intended to supersede Code, Courts Article, § 10-912.

Cross reference: See Code, Criminal Procedure Article, § 4-109 concerning invalidation and destruction of unserved warrants, summonses, or other criminal process for misdemeanor offenses.

(f) Procedure–When Defendant in Custody.

(1)Same Offense. When a defendant is arrested without a warrant, the defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest. When a charging document is filed in the District Court for the offense for which the defendant is already in custody a warrant or summons need not issue. A copy of the charging document shall be served on the defendant promptly after it is filed, and a return shall be made as for a warrant. When a charging document is filed in the circuit court for an offense for which the defendant is already in custody, a warrant issued pursuant to subsection (d)(2) of this Rule may be lodged as a detainer for the continued detention of the defendant under the jurisdiction of the court in which the charging document is filed. Unless otherwise ordered pursuant to Rule 4-216, 4-216.1, 4-216.2, or 4-216.3, the defendant remains subject to conditions of pretrial release imposed by the District Court.
(2)Other Offense. A warrant issued pursuant to section (d) of this Rule for the arrest of a defendant in custody for another offense may be lodged as a detainer for the continued detention of the defendant for the offense charged in the charging document. When the defendant is served with a copy of the charging document and warrant, the defendant shall be taken before a judicial officer of the District Court, or of the circuit court if the warrant so specifies, without unnecessary delay. In the District Court the defendant’s appearance shall be no later than 24 hours after service of the warrant, and in the circuit court it shall be no later than the next session of court after the date of service of the warrant.
(g) Return of Service. The officer who served the defendant with the summons or warrant and the charging document shall make a prompt return of service to the court that shows the date, time, and place of service.
(h) Citation–Service. The person issuing a citation, other than for a parking violation, shall serve it upon the defendant at the time of its issuance.

Md. Crim. Causes. 4-212

This Rule is derived as follows:

Section (a) is in part derived from former Rule 720 a and M.D.R. 720 c and in part new.

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

Section (c) is derived from former Rule 720 b and M.D.R. 720 d.

Section (d) is in part derived from former Rule 720 c and M.D.R. 720 e and is in part new.

Section (e) is derived from former Rule 720 d and e, M.D.R. 720 f, and M.D.R. 723 a.

Section (f) is derived from former Rule 720 f and M.D.R. 720 h.

Section (g) is derived from former M.D.R. 720 g.

Section (h) is derived from former M.D.R. 720 i.

Adopted April 6, 1984, eff. July 1, 1984. Amended Dec. 15, 1993, eff. July 1, 1994; June 8, 1998, eff. Oct. 1, 1998; March 5, 2001, eff. July 1, 2001; Oct. 31, 2002, eff. Jan. 1, 2003; June 11, 2012, eff. June 12, 2012; Nov. 1, 2012, eff. Jan. 1, 2013; May 27, 2014, eff. July 1, 2014; March 2, 2015, eff. July 1, 2015; Feb. 17, 2017, eff. July 1, 2017; Oct. 10, 2018, eff. Jan. 1, 2019.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in subsec. (d)(1), in the first sentence, inserted “, or (E) there is probable cause to believe that the defendant poses a danger to another person or to the community; and amended the cross reference following section (d).

2002 Orders

The October 31, 2002, order, in subsec. (d)(2), in the first sentence, substituted “the court may order issuance of a warrant for “a warrant shall issue and, in the third sentence, substituted “the court shall not order issuance of a warrant for “a warrant shall not issue.

2012 Orders

The June 11, 2012, order, added a new subsection (d)(1)(A) pertaining to issuance of warrants by judges; added a new subsection (d)(1)(B) pertaining to issuance of warrants by commissioners; added a cross reference at the end of subsection (d)(1)(B); added a reference to Rule 4-216.1; and made stylistic changes.

The November 1, 2012, order added a cross reference after section (e).

2014 Orders

The May 27, 2014, order added internal references to Rule 4-216.2 in (f)(1).

2015 Orders

The March 2, 2015, order amended the Rule to conform an internal reference to revised Code.

2017 Orders

The February 16, 2017 order, revised internal references.

2018 Orders

The October 10, 2018 order removed the phrase “the court and replaced it with the phrase “a judge, and required that a judge’s order to issue an arrest warrant be made in writing or on the record.