Procedural Process for Criminal Cases in Maryland
Types of Courts
District Court: Handles less serious offenses (misdemeanors) and preliminary hearings for felonies.
Circuit Court: Handles more serious offenses (felonies) and appeals from District Court.
Key Court Dates and Their Purposes
- Commissioner Hearing (while in jail right after being arrested):
Purpose: Conducted shortly after arrest to determine whether there is probable cause for the charges.
Outcome:The commissioner may set bail, release the defendant on personal recognizance, or hold them for a bail review.
- Bail Review Hearing:
Purpose: Reviews the conditions of bail set by the commissioner. In Maryland, a judge can set several types of bail, each with different conditions and purposes:
- Cash Bail: The defendant must pay the full amount in cash to be released.
- Surety Bond: A bail bondsman guarantees the bail amount for a fee (usually a percentage), allowing the defendant to be released without paying the full amount upfront.
- Property Bond: The defendant can use property as collateral for the bail amount, which must be evaluated and approved by the court.
- Personal Recognizance (PR): The defendant is released without having to pay bail, based on a promise to return for future court appearances.
- Conditional Bail: The defendant is released with specific conditions, such as attending counseling or not contacting certain individuals.
- Pretrial Release Program: In some cases, defendants may be placed in a program that includes monitoring and compliance with certain conditions instead of traditional bail.
Each type of bail has its own implications for the defendant’s release and responsibilities.
- Initial Appearance:
Purpose: The defendant is formally informed of the charges.
Outcome: Defendant may enter a plea, and bail status is confirmed.
- Preliminary Inquiry:
Purpose: A hearing to determine if there is sufficient evidence to proceed to trial (more common in Circuit Court).
Outcome: Charges may be dismissed or moved forward.
- Status Hearing:
Purpose: Updates the court on the case’s progress.
Outcome: Set timelines for upcoming proceedings or identify issues needing resolution.
- Motions Hearing:
Purpose: Address pre-trial motions, such as motions to suppress evidence.
Outcome: The court rules on various motions filed by the defense or prosecution.
- Pretrial Conference:
Purpose: Final discussions before trial to resolve issues and potentially reach a plea agreement.
Outcome: May lead to a plea or set a trial date.
- Bench Trial:
Definition: A trial where a judge hears the case without a jury.
Outcome: The judge determines guilt or innocence.
- Jury Trial:
Definition: A trial where a jury of peers hears the case and renders a verdict.
Outcome: The jury determines guilt or innocence.
Disposition in a Criminal Case
If there is no trial, a hearing may be held to accept a plea.
Types of Pleas in Criminal Cases
- Guilty: Admission of guilt for the charges.
- Alford Plea: The defendant maintains their innocence but acknowledges that the evidence would likely lead to a conviction.
- No Contest (Nolo Contendere)**: The defendant does not contest the charges but does not admit guilt.
- Not Guilty: The defendant denies the charges.
Global Plea Agreement
If multiple cases are involved, a **global plea** allows the defendant to resolve all cases simultaneously, often with negotiated terms that may include concurrent sentencing.
Sentencing Hearing
If found guilty, a sentencing hearing may occur immediately or on a later date. During this hearing, the court determines the appropriate punishment based on guidelines, victim impact statements, and other factors.
Restitution Hearing
Sometimes, a separate hearing is held to decide restitution, which is compensation to victims for losses caused by the crime.
This structured overview outlines the criminal procedure in Maryland, detailing the court processes, types of pleas, and potential outcomes at each stage. If you have any specific questions or need further details, feel free to ask!