Rule 4-245 – Subsequent Offenders

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Definition. A subsequent offender is a defendant who, because of a prior conviction, is subject to additional or mandatory statutory punishment for the offense charged.(b) Required Notice of Additional Penalties. When the law permits but does not mandate...

Rule 4-244 – Pleas to Other Offenses

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Upon Request of Defendant. Upon acceptance of a plea of guilty or nolo contendere or after a verdict of guilty but before sentencing, a defendant may request permission to plead guilty or nolo contendere to any other pending charges within the jurisdiction of the...

Rule 4-243 – Plea Agreements

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Conditions for Agreement.(1)Terms. The defendant may enter into an agreement with the State’s Attorney for a plea of guilty or nolo contendere on any proper condition, including one or more of the following: (A) That the State’s Attorney will amend the...

Rule 4-242 – Pleas

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Permitted Pleas. A defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere. In addition to any of these pleas, the defendant may enter a plea of not criminally responsible by reason of insanity. Committee note: It has become...

Rule 4-231 – Presence of Defendant

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) When Presence Required. A defendant shall be present at all times when required by the court. A corporation may be present by counsel.(b) Right to Be Present–Exceptions. A defendant is entitled to be physically present in person at a preliminary hearing and...