In Maryland, after a preliminary hearing, the timeline for the state to indict a defendant is influenced by several factors, but there is no specific statute dictating an exact deadline. However, there are important procedural and constitutional considerations:
- Prosecution’s Obligation to Proceed Promptly:
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- The state must act within the speedy trial requirements established under Maryland law and the U.S. Constitution. This means that the state cannot delay unreasonably in pursuing an indictment.
- Effect of Preliminary Hearing:
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- At a preliminary hearing, the court determines whether there is probable cause to proceed with felony charges. If probable cause is found, the case is forwarded to the circuit court for prosecution, often via a grand jury indictment or an information (formal charging document).
- Speedy Trial Rule:
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- Under Maryland Rule 4-271, the trial date must be set within 180 days of the earlier of:
- The defendant’s initial appearance in circuit court (after indictment or information), or
- The entry of counsel’s appearance in circuit court.
- Statute of Limitations:
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- For most felonies, Maryland does not impose a statute of limitations, meaning the state could technically indict a defendant at any time. However, undue delay could lead to a violation of the defendant’s due process rights or a claim of prejudice.
- Practical Considerations:
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- While there is no strict deadline, the state generally seeks to indict promptly after the preliminary hearing to avoid procedural delays, preserve evidence, and comply with constitutional rights to a timely prosecution.
There is no explicit statutory deadline for indictment after a preliminary hearing in Maryland, but the state must proceed without unnecessary delay to comply with constitutional speedy trial requirements and ensure the case progresses within the broader 180-day rule for trial. If there is a significant delay, the defense may file a motion challenging the delay as a violation of the defendant’s rights.
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