Maryland

Maryland Code — Criminal Procedure Article

600 sections, each with the official text and a plain-English explanation of what it means for you.

• § 11-817 — Acceptance of an award made under this subtitle subrogates the State, to the extent of the award, to any right or right
• § 11-818 — IN EFFECT (a) A person may not assert a false claim under this subtitle
• § 11-819 — (a) (1) There is a Criminal Injuries Compensation Fund
• § 11-901 — (a) In Part I of this subtitle the following words have the meanings indicated
• § 11-902 — There is a Victim and Witness Protection and Relocation Program.
• § 11-903 — The State’s Attorneys’ Coordinator shall carry out the Program in accordance with regulations that the State’s Attorneys
• § 11-904 — - 394 - (a) Money appropriated to the Program shall be used: (1) to protect victims and witnesses and the families of victims and witnesses; (2) to relocate victims and witnesses to protect them or to facilitate their participation in court proceedings; and (3) to pay the costs of carrying out the P
• § 11-905 — (a) There is a Victim and Witness Protection and Relocation Fund
• § 11-906 — (a) (1) The Fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article
• § 11-907 — Both the Program and the Fund are subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article
• § 11-910 — (a) In Part II of this subtitle the following words have the meanings indicated
• § 11-911 — There is a State Board of Victim Services in the Governor’s Office of Crime Prevention and Policy.
• § 11-912 — (a) The Board consists of the following 22 members: - 396 - (1) as ex officio members: (i) the Governor or the Governor’s designee; (ii) the Attorney General or the Attorney General’s designee; (iii) the chairman of the Maryland Criminal Injuries Compensation Board; (iv) the Secretary of Human Servi
• § 11-913 — (a) A majority of the members then serving on the Board is a quorum
• § 11-914 — Subject to the authority of the Executive Director, the Board shall: (1) submit to the Governor an annual written report of its activities, including its administration of the Fund; (2) monitor the service needs of victims; (3) advise the Governor on the needs of victims; (4) recommend the appointme
• § 11-915 — (a) The Executive Director shall appoint a Victim Services Coordinator
• § 11-916 — (a) There is a State Victims of Crime Fund
• § 11-917 — (a) (1) The Fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article
• § 11-918 — (a) The Fund is subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article
• § 11-919 — (a) There is a grant program
• § 11-922 — In this part, “sexual assault” means rape or a sexual offense in any degree that is specified in §§ 3–303 through 3–310,
• § 11-923 — (a) The General Assembly finds that an increasing number of sexual assault offense victims in the State: (1) lack necessary counseling and follow–up services; and (2) in some parts of the State, have only the help of extremely limited support services
• § 11-924 — - 404 - (a) The nearest facility to which a victim of sexual assault may be taken shall be designated by the Maryland Department of Health in cooperation with: (1) the Medical and Chirurgical Faculty of the State of Maryland; and (2) the State’s Attorney in the subdivision where the sexual assault o
• § 11-925 — Applicable health care services shall be given without charge to a victim of sexual abuse, as provided under § 11–1007 o
• § 11-926 — (a) (1) In this section the following words have the meanings indicated
• § 11-927 — (a) In this section, “Committee” means the Maryland Sexual Assault Evidence Kit Policy and Funding Committee
• § 11-928 — (a) The Governor’s Office of Crime Prevention and Policy shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center
• § 11-929 — (a) (1) In this section the following words have the meanings indicated
• § 11-930 — - 418 - (a) In this part the following words have the meanings indicated
• § 11-931 — (a) For purposes of filing a petition with the United States Citizenship and Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, guardian, or next friend may request a certifying official of a certifying entity to certify victim helpfulness on a Form I–918, Supplement B
• § 11-934 — (a) The purpose of this section is to provide for development, support, and continuity of victim services programs to provide trauma–informed, high–quality services for victims of crime and to stabilize funding and support for victim services programs by supplementing federal funding for victim serv
• § 12-101 — (a) In this title the following words have the meanings indicated
• § 12-102 — (a) The following are subject to forfeiture: (1) controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of the Controlled Dangerous Substances law; (2) raw materials, products, and equipment used, or intended for use, in manufacturing, compounding,
• § 12-103 — (a) Property or an interest in property described in § 12–102(a)(4), (11), and (12) of this subtitle may not be forfeited unless the State establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed with the owner’s actual knowledge
• § 12-104 — (a) At the time of seizure, the seizing authority shall provide a receipt to the person from whom the property was seized, that includes: - 442 - (1) a detailed description of the property; (2) a case number, property inventory number, or any other reference number used by the seizing authority to c
• § 12-201 — (a) A Schedule I substance listed in § 5–402 of the Criminal Law Article shall be seized and summarily forfeited to the State if the substance is: (1) possessed, transferred, sold, or offered for sale in violation of the Controlled Dangerous Substances law; or (2) possessed by the State and its owne
• § 12-202 — (a) Property subject to forfeiture under this title may be seized: (1) on a warrant issued by a court that has jurisdiction over the property; and (2) without a warrant when: (i) the seizure is incident to an arrest or a search under a search warrant; (ii) the seizure is incident to an inspection un
• § 12-203 — (a) Property seized under this title is in the custody of the seizing authority, and, unless returned to the owner as provided in subsection (c) of this section or § 12– 207 of this subtitle, is subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over
• § 12-204 — (a) In exercising the authority to seize motor vehicles under this title, a seizing authority shall apply the standards listed in subsection (b) of this section
• § 12-205 — A motor vehicle used in violation of this title may not be seized and forfeiture may not be recommended to the forfeitin
• § 12-206 — (a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of this title shall recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer: (1) determines from the records of the Motor Vehicle
• § 12-207 — (a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that: - 447 - (1) the motor vehicle falls within the purview of § 12-205 of this subtitle; or (2) the standards listed
• § 12-208 — (a) (1) Except as provided in §§ 12-209 and 12-210 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court
• § 12-209 — Seizure of real property occurs on the earlier of the filing: (1) of a complaint for forfeiture under this title; or (2)
• § 12-210 — (a) Subject to the rights of a lienholder to sell the real property, an owner or owner’s tenant may remain in possession of seized real property until forfeiture is ordered
• § 12-211 — (a) This section does not apply if: (1) an act is agreed to by a forfeiting authority or is ordered by the court; or (2) an owner posts a bond under § 12-208 of this subtitle
• § 12-212 — A seizing authority or prosecuting authority may not directly or indirectly transfer seized property to a federal law en
• § 12-301 — Except as provided in § 12–304(d) of this subtitle, if property is seized under § 12–202(a)(2)(iv) and (v) of this title
• § 12-302 — (a) To apply for the forfeiture of money, the appropriate local financial authority or the Attorney General shall file a complaint and affidavit in the District Court or the circuit court for the county in which the money was seized
• § 12-303 — - 451 - Except as provided in § 12-302 of this subtitle and § 4-401(9) of the Courts Article, the appropriate forfeiting
• § 12-304 — (a) Except as provided under subsections (b), (c), and (d) of this section, a complaint seeking forfeiture shall be filed within the earlier of: (1) 90 days after the seizure; or (2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture
• § 12-305 — (a) A complaint seeking forfeiture shall contain: (1) a description of the property seized; (2) the date and place of the seizure; - 452 - (3) the name of the owner, if known; (4) the name of the person in possession, if known; (5) the name of each lienholder, if known or reasonably subject to disco
• § 12-306 — (a) A notice shall be signed by the clerk and shall: (1) include the caption of the case; (2) describe the substance of the complaint and the relief sought; (3) state the latest date on which a response may be filed; (4) state that the property shall be forfeited if a response is not filed on time;
• § 12-307 — The answer to a complaint shall: (1) comply with the Maryland Rules; (2) state the nature and extent of the person’s rig
• § 12-308 — (a) If an answer has been filed on time, the court shall set a hearing on the forfeiture claim within 60 days after the later of: (1) posting of notice under § 12-306(b)(1) or (2) of this subtitle; or (2) final publication of notice under § 12-306(b)(3) of this subtitle
• § 12-309 — Except as provided in §§ 12-103(e) and 12-312 of this title, an owner’s interest in real property may be forfeited if th
• § 12-310 — (a) Forfeiture proceedings for real property may be brought in the jurisdiction where: (1) the criminal charges are pending; (2) the owner resides; or (3) the real property is located
• § 12-311 — If an owner of real property used as the principal family residence is convicted under §§ 5-602 through 5-609, §§ 5-612
• § 12-312 — - 455 - (a) Except as provided in subsection (b) of this section, property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that: (1) the person has violated §§ 5–602 through 5–609, §§ 5–
• § 12-313 — Except for purposes of impeachment, a statement made by a person regarding ownership of seized property during the cours
• § 12-401 — In a proceeding under this title, a court: (1) may grant requests for mitigation or remission of forfeiture or take othe
• § 12-402 — (a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released
• § 12-403 — (a) (1) Whenever property is forfeited under this title, the governing body where the property was seized may: (i) keep the property for official use; (ii) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or (iii) sell the property if: 1
• § 12-404 — A sale of property ordered under this title shall be made for cash and gives the purchaser clear and absolute title.
• § 12-405 — - 458 - Notwithstanding any other provision of law, the Governor shall include in the annual budget bill an appropriatio
• § 12-501 — (a) Before exercising the right to sell property that has been seized under this title, a lienholder shall give to the forfeiting authority: (1) written notice of the intention to sell; (2) copies of documents giving rise to the lien; (3) an affidavit under oath by the lienholder: (i) stating that t
• § 12-502 — (a) Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this title
• § 12-503 — (a) Any part of the proceeds from a sale of property that has been seized under this title that would be paid to an owner of the property under the applicable law relating to distribution of proceeds: (1) shall be paid to the seizing authority; and (2) shall be property subject to forfeiture
• § 12-504 — (a) If the interest of the owner in property that has been seized under this title is redeemed, the lienholder shall mail a notice of the redemption to the forfeiting authority within 10 days after the redemption
• § 12-505 — This title does not prohibit a lienholder from exercising rights under applicable law, including the right to sell prope
• § 12-601 — In this subtitle, “MSAC” means the Maryland Statistical Analysis Center of the Governor’s Office of Crime Prevention and
• § 12-602 — (a) On an annual basis, each seizing authority in consultation with the corresponding forfeiting authority shall report how any funds appropriated to the authority as a result of forfeiture were spent in the preceding fiscal year and the following information about each individual seizure and forfei
• § 13-101 — (a) In this subtitle the following words have the meanings indicated
• § 13-102 — (a) Money is prima facie contraband if a law enforcement officer in the State seizes the money in connection with an arrest for: (1) unlawfully playing or operating a bookmaking scheme; (2) unlawfully betting on a horse race, athletic event, lottery, or game; or (3) using an unlawful gaming table or
• § 13-103 — (a) The seizing authority that seizes money that is contraband shall immediately: - 463 - (1) photograph the money and record the quantity of each denomination of coin or currency seized; and (2) deposit the money to the account of the financial authority
• § 13-104 — Pending final disposition, the financial authority shall account for and deposit seized money in an interest–bearing ban
• § 13-105 — (a) (1) Each application for the forfeiture of contraband shall be by complaint and shall be filed in the District Court or circuit court of the county in which the contraband was seized
• § 13-106 — (a) Seized money may be returned only as provided in this section
• § 13-107 — (a) In a proceeding on a complaint for a return of money, an acquittal, dismissal, or nolle prosequi with respect to the gambling charges or indictments involved in the seizure of the money is prima facie evidence that the money is not contraband
• § 13-108 — (a) Subject to subsection (b) of this section, if a complaint is not timely and properly filed or if the action is finally decided against the claimant, the seized money not disposed of shall be forfeited to the custodian without further judicial action
• § 13-109 — This subtitle does not prohibit the trial judge, after an acquittal or dismissal, from ordering the immediate return of
• § 13-201 — The following property is subject to seizure and forfeiture: (1) a handgun worn, carried, or transported in violation of
• § 13-202 — (a) An authorized law enforcement officer may seize property listed under § 13-201 of this subtitle as an incident to an arrest or search and seizure
• § 13-203 — (a) (1) By an appropriate inquiry and investigation, the seizing authority shall attempt to identify and locate the owner of a handgun that is seized
• § 13-204 — (a) (1) On timely receipt of an application, the seizing authority shall hold an informal review to determine whether the owner knew or should have known of the use or intended use of a handgun that is seized in violation of § 4-203 or § 4- 204 of the Criminal Law Article
• § 13-205 — (a) (1) In a proceeding in a criminal cause involving a seized handgun, a court may order forfeiture or release of the seized handgun in accordance with this subsection
• § 13-206 — (a) Whenever property is forfeited under this subtitle, the law enforcement unit that sought forfeiture of the property may only: (1) order the property retained for the official use of the law enforcement unit; (2) destroy the forfeited property; or (3) sell, exchange, or transfer the forfeited pro
• § 13-301 — - 468 - (a) This section does not apply to a vehicle unless the owner authorized or allowed the vehicle to be used or employed in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article
• § 13-401 — (a) In this subtitle the following words have the meanings indicated
• § 13-402 — The following property is subject to forfeiture: (1) property used or intended for use in the course of a violation of t
• § 13-403 — (a) Property or an interest in property may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Mortgage Fraud law was committed without the owner’s actual knowledge
• § 13-404 — (a) Except as provided in subsection (b) of this section, property subject to forfeiture under this subtitle may be seized in accordance with the procedures set forth in §§ 12–202, 12–203, and 12–208 through 12–211 of this article
• § 13-405 — - 471 - (a) Except as provided in subsection (b) of this section, forfeiture of property under this subtitle shall be conducted in accordance with the procedures set forth in §§ 12–301 through 12–308 of this article
• § 13-406 — (a) Except as provided in subsections (e) and (f) of this section and § 12– 403(c) of this article, an owner’s interest in real property may be forfeited if the real property was used in connection with a violation of the Mortgage Fraud law
• § 13-407 — (a) Except as provided in this section, disposition of property after forfeiture under this subtitle shall be subject to §§ 12–401, 12–402, and 12–404 of this article
• § 13-408 — Lienholders of property seized under this subtitle shall have the rights and obligations set forth in Title 12, Subtitle
• § 13-501 — (a) In this subtitle the following words have the meanings indicated
• § 13-502 — The following are subject to forfeiture: (1) except as provided in § 13–503 of this subtitle, a motor vehicle used in co
• § 13-503 — (a) Property or an interest in property described in § 13–502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge
• § 13-504 — Personal property subject to forfeiture under this subtitle may be seized: (1) on a warrant issued by a court that has j
• § 13-505 — (a) A seizing authority that seizes money under this subtitle immediately shall: (1) photograph the money and record the quantity of each denomination of coin or currency seized; and (2) deposit the money to the account of the appropriate local financial authority
• § 13-506 — (a) Property seized under this subtitle: (1) is not repleviable; but (2) is in the custody of the seizing authority, subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over the property
• § 13-507 — (a) A seizing authority may seize a motor vehicle used in violation of § 3– 1102 or § 3–1103 of the Criminal Law Article and recommend forfeiture to the forfeiting authority if the total circumstances of the case as listed in subsection (b) of this section dictate that seizure and forfeiture are jus
• § 13-508 — (a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article may recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer: (1) determines fr
• § 13-509 — (a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that the total circumstances of the case as listed under § 13–507(b) of this subtitle do not justify forfeiture
• § 13-510 — - 480 - (a) (1) Except as provided in §§ 13–512 and 13–513 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court
• § 13-511 — Seizure of real property occurs on the earlier of the filing: - 482 - (1) of a complaint for forfeiture under this subti
• § 13-512 — (a) Subject to the rights of a lienholder to sell the real property, an owner or an owner’s tenant may remain in possession of seized real property until forfeiture is ordered
• § 13-513 — (a) This section does not apply if: (1) an act is agreed to by a forfeiting authority or is ordered by the court; or (2) an owner posts a bond under § 13–510 of this subtitle
• § 13-514 — Except as provided in § 13–517(c) of this subtitle, if property is seized under § 13–504(2)(iv) of this subtitle because there is probable cause to believe that the property is directly or indirectly dangerous to health or safety and that the property was or will be used to violate § 3–1102 or § 3–1
• § 13-515 — Except as provided in § 13–516 of this subtitle, the appropriate forfeiting authority shall file proceedings under this
• § 13-516 — (a) To apply for the forfeiture of money, the appropriate local financial authority or the Attorney General shall file a complaint and affidavit in the District Court or the circuit court for the county in which the money was seized
• § 13-517 — (a) Except as provided under subsections (b) and (c) of this section, a complaint seeking forfeiture shall be filed within the earlier of: (1) 90 days after the seizure; or (2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture
• § 13-518 — (a) A complaint seeking forfeiture shall contain: - 484 - (1) a description of the property seized; (2) the date and place of the seizure; (3) the name of the owner, if known; (4) the name of the person in possession, if known; (5) the name of each lienholder, if known or reasonably subject to disco
• § 13-519 — (a) A notice shall be signed by the clerk of the court and shall: (1) include the caption of the case; (2) describe the substance of the complaint and the relief sought; (3) state the latest date on which a response may be filed; - 485 - (4) state that the property shall be forfeited if a response i
• § 13-520 — The answer to a complaint shall: (1) comply with the Maryland Rules; (2) state the nature and extent of the person’s rig
• § 13-521 — (a) If an answer has been filed on time, the court shall set a hearing on the forfeiture claim within 60 days after the later of: (1) posting of notice under § 13–519(b)(1) or (2) of this subtitle; or - 486 - (2) final publication of notice under § 13–519(b)(3) of this subtitle
• § 13-522 — Except as provided in §§ 13–503 and 13–524 of this subtitle, an owner’s interest in real property may be forfeited if th
• § 13-523 — (a) Forfeiture proceedings for real property may be brought in the jurisdiction where: (1) the criminal charges are pending; (2) the owner resides; or (3) the real property is located
• § 13-524 — If an owner of real property used as the principal family residence is convicted under § 3–1102 or § 3–1103 of the Crimi
• § 13-525 — (a) (1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that: (i) the person was con
• § 13-526 — (a) The court may order the forfeiture of other property of the owner up to the value of any property seized under this subtitle, with the exception of real property, if as a result of an act or omission of the owner the property to be forfeited: (1) cannot be located after the exercise of due dilig
• § 13-527 — In a proceeding under this subtitle, a court: (1) may grant requests for mitigation or remission of forfeiture or take o
• § 13-528 — (a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released
• § 13-529 — If property is forfeited under this subtitle, the governing body where the property was seized may: (1) keep the propert
• § 13-530 — (a) The proceeds from a sale or the retention of property declared to be forfeited and any interest accrued shall be applied, first, to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of seizing and maintaining custody of the property and advertising
• § 13-531 — A sale of property ordered under this subtitle shall be made for cash and gives the purchaser clear and absolute title.
• § 13-532 — (a) Before exercising the right to sell property that has been seized under this subtitle, a lienholder shall give to the forfeiting authority: (1) written notice of the intention to sell; - 490 - (2) copies of documents giving rise to the lien; and (3) an affidavit under oath by the lienholder: (i)
• § 13-533 — (a) Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this subtitle
• § 13-534 — (a) Any part of the proceeds from a sale of property that has been seized under this subtitle that would be paid to an owner of the property under the applicable law relating to distribution of proceeds: (1) shall be paid to the seizing authority; and (2) shall be property subject to forfeiture
• § 13-535 — (a) If the interest of the owner in property that has been seized under this subtitle is redeemed, the lienholder shall mail a notice of the redemption to the forfeiting authority within 10 days after the redemption
• § 13-536 — This subtitle does not prohibit a lienholder from exercising rights under applicable law, including the right to sell pr
• § 14-101 — In this title, “Commission” means the State Prosecutor Selection and Disabilities Commission.
• § 14-102 — (a) (1) There is an Office of the State Prosecutor
• § 14-103 — (a) There is a State Prosecutor Selection and Disabilities Commission
• § 14-104 — (a) On notification by the Governor that a vacancy exists or is about to occur in the position of State Prosecutor, the Commission shall: (1) seek and review applications of proposed nominees; (2) notify and request recommendations from the Maryland State Bar Association; and (3) seek recommendation
• § 14-105 — (a) The Commission may reprimand or recommend to the Governor the removal of the State Prosecutor if, after a hearing, the Commission finds that the State Prosecutor is guilty of: (1) misconduct in office; (2) persistent failure to perform the duties of the office; or (3) conduct prejudicial to the
• § 14-106 — The State Prosecutor has the powers and duties established under §§ 14–107 through 14–111 of this title.
• § 14-107 — (a) (1) Except as provided in paragraph (2) of this subsection, the State Prosecutor may investigate: (i) a criminal offense under the State election laws; (ii) a criminal offense under the State Public Ethics Law; (iii) a violation of the State bribery laws in which an official or employee of the S
• § 14-108 — (a) (1) Except as provided in paragraph (2) of this subsection, if the State Prosecutor finds that an alleged violation of the criminal law set forth in § 14–107 of this title has occurred, the State Prosecutor shall make a confidential report of the findings and any recommendations for prosecution
• § 14-109 — (a) (1) The State Prosecutor may prosecute a criminal offense set forth in the State Prosecutor’s report of the findings and recommendations if, within 45 days after receipt of the report, the State’s Attorney fails to file charges and begin prosecution in accordance with the recommendations
• § 14-110 — (a) The State Prosecutor has all the powers and duties of a State’s Attorney, including the use of a grand jury in any county, when the State Prosecutor: (1) investigates a case under § 14–107 of this title; or (2) prosecutes a case under § 14–109 of this title
• § 14-111 — The trial of a case that the State Prosecutor prosecutes in accordance with § 14–109 of this title shall take place befo
• § 14-112 — (a) The budget of the State Prosecutor and the Office of the State Prosecutor shall be a part of the budget of the Office of the Attorney General
• § 14-113 — The State Prosecutor shall meet and confer regularly with the Attorney General and the State’s Attorneys.
• § 14-114 — The State Prosecutor shall submit an annual report on activities of the Office of the State Prosecutor that are not conf
• § 15-101 — (a) In this title the following words have the meanings indicated
• § 15-102 — Subject to Title 14 of this article, a State’s Attorney shall, in the county served by the State’s Attorney, prosecute a
• § 15-104 — - 501 - (a) Each State’s Attorney shall annually provide a corporate surety bond payable to the State in the amount of $5,000
• § 15-105 — A State’s Attorney shall prepare and submit to the Division of Parole and Probation and the Division of Correction a sum
• § 15-108 — (a) (1) For the limited purpose of furthering an ongoing criminal investigation, a State’s Attorney or a deputy State’s Attorney designated in writing by the State’s Attorney may issue in the county served by the State’s Attorney a subpoena to a person to produce telephone, business, governmental, o
• § 15-109 — (a) If necessary due to an absence, sickness, resignation, or death of a State’s Attorney, the circuit court for the county may appoint a competent individual to perform the duties of the State’s Attorney in conducting criminal or civil cases arising or pending in the circuit court until: (1) the St
• § 15-201 — There is a State’s Attorneys’ Coordination Council.
• § 15-202 — (a) The Council consists of: (1) the Attorney General; (2) the State’s Attorney for Anne Arundel County; - 503 - (3) the State’s Attorney for Baltimore City; (4) the State’s Attorney for Baltimore County; (5) the State’s Attorney for Montgomery County; (6) the State’s Attorney for Prince George’s Co
• § 15-203 — The Council shall designate from among its members a chair and vice chair who: (1) shall serve for a term of 2 years; an
• § 15-204 — (a) A majority of the members of the Council is a quorum
• § 15-205 — After consultation with the State Board of Victim Services, the Council shall adopt regulations for the administration o
• § 15-301 — (a) (1) There is an office of State’s Attorneys’ Coordinator
• § 15-302 — The Coordinator shall: (1) establish and implement standard and specialized training programs for and provide materials
• § 15-401 — (a) (1) The State’s Attorney for a county shall receive: (i) an annual salary for performing the duties of the office as set forth in the public general laws and the public local laws of the county; and (ii) an annual payment for office, travel, and other expenses as provided by law and the current
• § 15-402 — (a) This section applies only in Allegany County
• § 15-403 — (a) This section applies only in Anne Arundel County
• § 15-404 — (a) This section applies only in Baltimore County
• § 15-405 — (a) This section applies only in Calvert County
• § 15-406 — (a) This section applies only in Caroline County
• § 15-407 — (a) This section applies only in Carroll County
• § 15-408 — (a) This section applies only in Cecil County
• § 15-409 — (a) This section applies only in Charles County
• § 15-410 — (a) This section applies only in Dorchester County
• § 15-411 — (a) This section applies only in Frederick County
• § 15-412 — (a) This section applies only in Garrett County
• § 15-413 — (a) This section applies only in Harford County
• § 15-414 — (a) This section applies only in Howard County
• § 15-415 — (a) This section applies only in Kent County
• § 15-416 — (a) This section applies only in Montgomery County
• § 15-417 — (a) This section applies only in Prince George’s County
• § 15-418 — (a) This section applies only in Queen Anne’s County
• § 15-419 — (a) This section applies only in St
• § 15-420 — (a) This section applies only in Somerset County
• § 15-421 — (a) This section applies only in Talbot County
• § 15-422 — (a) This section applies only in Washington County
• § 15-423 — (a) This section applies only in Wicomico County
• § 15-424 — (a) This section applies only in Worcester County
• § 16-101 — (a) In this title the following words have the meanings indicated
• § 16-102 — Except as otherwise provided in § 16–206 of this title, this title applies only to representation in or with respect to
• § 16-201 — It is the policy of the State to: (1) provide for the realization of the constitutional guarantees of counsel in the rep
• § 16-202 — There is an Office of the Public Defender in the Executive Branch of State government.
• § 16-203 — (a) (1) The head of the Office is the Public Defender
• § 16-204 — ** TAKES EFFECT JULY 1, 2025 PER CHAPTERS 703 AND 704 OF 2024 ** // EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 // (a) Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public - 545 -
• § 16-205 — Representation of an indigent individual by the Office or by a panel attorney shall continue until the final disposition
• § 16-206 — (a) This title does not prohibit the Office from representing an indigent individual in federal court at federal expense if the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the State
• § 16-207 — (a) The primary duty of the Public Defender is to provide representation for indigent individuals in accordance with this title
• § 16-208 — (a) (1) Subject to the authority and supervision of the Public Defender, each district public defender shall maintain a confidential list of private attorneys - 549 - available to be appointed as attorneys for indigent individuals eligible for representation under this title
• § 16-209 — (a) Communications between an indigent individual and an individual in the Office or engaged by the Public Defender are protected by the attorney–client privilege to the same extent as though an attorney had been privately engaged
• § 16-210 — (a) An individual may apply for services of the Office as an indigent individual, if the individual states in writing under oath or affirmation that the individual, without undue financial hardship, cannot provide the full payment of an attorney and all other necessary expenses of representation in
• § 16-211 — (a) (1) If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office: (i) by a single payment or in installments; and (ii) in the amount that the indigent individual can reason
• § 16-212 — (a) The reasonable value of the services rendered to an indigent individual in accordance with this title is a lien on real or personal property in which the indigent individual has or acquires an interest, except for the residence of the indigent individual
• § 16-213 — This subtitle does not prohibit the appointment of an attorney, other than through the Office, to represent an indigent
• § 16-301 — - 556 - (a) There is a Board of Trustees of the Office of the Public Defender
• § 16-302 — The Board of Trustees shall: (1) study and observe the operation of the Office; - 558 - (2) coordinate the activities of