More Categories

Rule 4-216.3 – Further Proceedings Regarding Pretrial Release

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Continuance of Previous Conditions. When conditions of pretrial release have been previously imposed in the District Court, the conditions continue in the circuit court unless amended or revoked pursuant to section (b) of this Rule.
(b) Amendment of Pretrial Release Order. After a charging document has been filed, the court, on motion of any party or on its own initiative and after notice and opportunity for hearing, may revoke an order of pretrial release or amend it to impose additional or different conditions of release, subject to the standards and requirements set forth in Rule 4-216.1. If its decision results in the detention of the defendant, the court shall state the reasons for its action in writing or on the record. A judge may alter conditions set by a commissioner or another judge.
(c) Supervision of Detention Pending Trial. In order to eliminate unnecessary detention, the court shall exercise supervision over the detention of defendants pending trial. It shall require from the sheriff, warden, or other custodial officer a weekly report listing each defendant within its jurisdiction who has been held in custody in excess of seven days pending preliminary hearing, trial, sentencing, or appeal. The report shall give the reason for the detention of each defendant.
(d) Violation of Condition of Release. A court may issue a bench warrant for the arrest of a defendant charged with a criminal offense who is alleged to have violated a condition of pretrial release. After the defendant is presented before a court, the court may (1) revoke the defendant’s pretrial release or (2) continue the defendant’s pretrial release with or without conditions.

Cross reference: See Rule 1-361, Execution of Warrants and Body Attachments. See also, Rule 4-347, Proceedings for Revocation of Probation, which preserves the authority of a judge issuing a warrant to set the conditions of release on an alleged violation of probation.

(e) Title 5 Not Applicable. Title 5 of these rules does not apply to proceedings conducted under this Rule.

Md. Crim. Causes. 4-216.3

This Rule is new but is derived, in part, from former sections (b), (c), (d), (e), and (f) of Rule 4-216.1(2012).

Adopted May 27, 2014, eff. July 1, 2014; February 16, 2017, eff. July 1, 2017.

HISTORICAL NOTES

2014 Orders

The May 27, 2014 order added this new rule.

2017 Orders

The February 16, 2017, order, renumbered this rule and added a reference to the standards and requirements set forth in proposed new Rule 4-216.1.