In Maryland, the felony dismissal date refers to the deadline by which the State must indict or file formal charges (by grand jury indictment or criminal information) following a preliminary hearing where probable cause was found. If the State does not take formal action by this date, the charges may be dismissed. The specifics of this timeline are governed by Maryland court procedures and constitutional protections.
Key Points:
- After the Preliminary Hearing:
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- If the court finds probable cause during the preliminary hearing, the case is typically forwarded to the circuit court.
- At this point, the State has a limited time to secure a grand jury indictment or file a criminal information to formally charge the defendant in circuit court.
- Felony Dismissal Date:
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- Maryland law does not explicitly define a fixed period (e.g., 30 or 60 days) for the felony dismissal date. Instead, the speedy trial requirement (both constitutional and procedural) governs how long the State has to move forward.
- Practically, most jurisdictions set a felony dismissal date administratively, often within 30 to 60 days after the preliminary hearing, to ensure the State acts promptly.
- Dismissal Without Prejudice:
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- If the State fails to indict or file charges by the felony dismissal date, the case is typically dismissed without prejudice, meaning the State can refile charges later, provided it complies with any applicable statute of limitations and constitutional protections.
- Speedy Trial Rules:
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- Even if the case is dismissed and refiled, the defendant has a right to a speedy trial under Maryland Rule 4-271 and the Sixth Amendment.
- Impact on the Case:
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- If the case is dismissed due to the State’s failure to indict, the defendant may be released from pre-trial conditions. However, the dismissal does not preclude the State from re-indicting at a later date if the evidence and circumstances permit.
The felony dismissal date is the deadline by which the State must formalize charges following a preliminary hearing with probable cause. While Maryland does not have a rigid statutory timeline, most courts administratively enforce a 30–60 day timeframe. If charges are not filed by this date, the case is dismissed, but the State may refile charges later unless barred by law.
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