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Rule 4-213 – Initial Appearance of Defendant

May 13, 2021 | Criminal Prodcedure, Maryland

(a) In District Court Following Arrest. When a defendant appears before a judicial officer of the District Court pursuant to an arrest, the judicial officer shall proceed as follows:

(1)Appointment, Appearance, or Waiver of Attorney for Initial Appearance. If the defendant appears without an attorney, the judicial officer shall first follow the procedure set forth in Rule 4-213.1 to assure that the defendant either is represented by an attorney or has knowingly and voluntarily waived the right to an attorney.
(2)Advice of Charges. The judicial officer shall inform the defendant of each offense with which the defendant is charged and of the allowable penalties, including any mandatory or enhanced penalties, if any, and shall provide the defendant with a copy of the charging document if the defendant does not already have one and one is then available. If one is not then available, the defendant shall be furnished with a copy as soon as possible.
(3)Advice of Right to Counsel. The judicial officer shall require the defendant to read the notice to defendant required to be printed on charging documents in accordance with Rule 4-202(a), or shall read the notice to a defendant who is unable for any reason to do so. A copy of the notice shall be furnished to a defendant who has not received a copy of the charging document. The judicial officer shall advise the defendant that if the defendant appears for trial without counsel, the court could determine that the defendant waived counsel and proceed to trial with the defendant unrepresented by counsel.

Cross reference: See Rule 4-213.1 with respect to the right to an attorney at an initial appearance before a judicial officer and Rule 4-216.2(b) with respect to the right to an attorney at a hearing to review a pretrial release decision of a commissioner.

(4)Advice of Preliminary Hearing. When a defendant has been charged with a felony that is not within the jurisdiction of the District Court and has not been indicted, the judicial officer shall advise the defendant of the right to have a preliminary hearing by a request made then or within ten days thereafter and that failure to make a timely request will result in the waiver of a preliminary hearing. If the defendant then requests a preliminary hearing, the judicial officer may either set its date and time or notify the defendant that the clerk will do so.
(5)Pretrial Release. The judicial officer shall comply with the applicable provisions of Rules 4-216, 4-216.1, and 4-216.2 governing pretrial release.
(6)Certification by Judicial Officer. The judicial officer shall certify compliance with this section in writing.
(7)Transfer of Papers by Clerk. As soon as practicable after the initial appearance by the defendant, the judicial officer shall file all papers with the clerk of the District Court or shall direct that they be forwarded to the clerk of the circuit court if the charging document is filed there.

Cross reference: Code, Courts Article, ยง 10-912. See Rule 4-231(d) concerning the appearance of a defendant by video conferencing.

(b) In District Court.

(1)Following Summons or Citation. When a defendant appears before the District Court pursuant to a summons or citation, the court shall proceed in accordance with Rule 4-301.
(2)Preliminary Inquiry. When a defendant has (A) been charged by a citation or served with a summons and charging document for an offense that carries a penalty of incarceration and (B) has not previously been advised by a judicial officer of the defendant’s rights, the defendant may be brought before a judicial officer for a preliminary inquiry advisement if no attorney has entered an appearance on behalf of the defendant. The judicial officer shall inform the defendant of each offense with which the defendant is charged and advise the defendant of the right to counsel and the matters set forth in subsection (a)(2), (3), and (4) of this Rule. The judicial officer shall certify in writing the judicial officer’s compliance with this subsection.
(c) In Circuit Court Following Arrest or Summons. The initial appearance of the defendant in circuit court occurs when the defendant (1) is brought before the court by reason of execution of a warrant pursuant to Rule 4-212(e) or (f)(2), or (2) appears in person or by written notice of counsel in response to a summons. In either case, if the defendant appears without counsel the court shall proceed in accordance with Rule 4-215. If the appearance is by reason of execution of a warrant, the court shall (1) inform the defendant of each offense with which the defendant is charged, (2) ensure that the defendant has a copy of the charging document, and (3) determine eligibility for pretrial release pursuant to Rules 4-216 and 4-216.1.

Md. Crim. Causes. 4-213

This Rule is derived as follows:

Section (a) is derived from former M.D.R. 723.

Section (b) is new.

Section (c) is derived from former Rule 723 a.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; Jan. 20, 1999, eff. July 1, 1999; Nov. 12, 2003, eff. Jan. 1, 2004; June 11, 2012, eff. June 12, 2012; Nov. 21, 2013, eff. Jan. 1, 2014; May 27, 2014, eff. July 1, 2014; December 13, 2016, eff. April 1, 2017; February 16, 2017, eff. July 1, 2017.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order deleted former subsec. (a)(3); redesignated former subsec. (a)(4) as subsec. (a)(3); added new subsec. (a)(4), related to Rule 4-216; and amended the cross reference following section (a). Prior to amendment, subsec. (a)(3) read:

“(3) Pretrial Release Determination. The judicial officer shall determine the defendant’s eligibility for pretrial release pursuant to Rule 4-216.”

2012 Orders

The June 12, 2012, order added a cross reference following subsection (a)(2) and added a reference to the applicable provisions of Rule 4-216 and 4-216.1.

2013 Orders

The November 21, 2013, order, added the language “or citation” to subsection (b)(1); added subsection (b)(2) pertaining to preliminary inquiries; and made stylistic changes.

2014 Orders

The May 27, 2014 order added a new (a)(1), and renumbered the remaining subsections under (a); amended the language in the cross reference to (a)(3); and corrected internal references.

2016 Orders

The December 13, 2016, order, added language to subsection (a)(2) referring to a certain type of penalty.

2017 Orders

The February 16, 2017, order, revised internal references.