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Rule 4-222 – Procedure upon Waiver of Jurisdiction by Juvenile Court

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Pretrial Release Hearing. A minor or an adult defendant who is detained after entry of an order waiving jurisdiction by a juvenile court shall be taken before a judicial officer of the District Court for a pretrial release hearing pursuant to Rule 4-216 without unnecessary delay and in no event later than 24 hours after the waiver order is entered. The petition alleging delinquency shall serve as the charging document for the purpose of detaining the minor or adult defendant pending the filing of a charging document pursuant to section (d) of this Rule.

Cross reference: Code (1957, 1989 Repl. Vol.), Courts Art., ยง 10-912.

(b) Probable Cause Determination. A minor or adult defendant shall be released on personal recognizance, with no other conditions of release, unless the judicial officer determines that there is probable cause to believe that the minor or adult defendant committed the offense described in the juvenile petition.
(c) Review by Court. A defendant who is denied pretrial release by a commissioner or who for any reason remains in custody for 24 hours after a commissioner has determined conditions of release pursuant to this Rule shall be presented immediately to the District Court if the court is then in session or, if not, at the next session of the court. The District Court shall review the commissioner’s pretrial release determination and shall take appropriate action thereon. If the minor or adult defendant will remain in custody after the review, the District Court shall set forth in writing or on the record the reasons for the continued detention.
(d) Filing of Charging Document. Within ten days after the entry of the waiver order, a charging document shall be filed in the District Court or in the circuit court charging the minor or adult defendant with the offense described in the juvenile petition. If not so filed, the minor or adult defendant shall be released without prejudice from all conditions of pretrial release.

Md. Crim. Causes. 4-222

This Rule is derived from former M.D.R. 728.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in section (b), substituted “, with no other conditions of release,” for “under terms and conditions that do not significantly restrain the defendant’s liberty”.