Maryland

Maryland Code — Criminal Procedure Article

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

• § 16-303 — (a) There are four regional advisory boards of the Office
• § 16-304 — Each regional advisory board shall: (1) study and observe the operation of district public defender offices; and - 560 -
• § 16-401 — (a) On or before September 30 of each year, the Public Defender shall submit a report to: (1) the Board of Trustees; (2) the Governor; and (3) in accordance with § 2–1257 of the State Government Article, the General Assembly
• § 16-402 — Funds for carrying out this title shall be as provided in the State budget.
• § 16-403 — (a) The provisions of this title are severable
• § 17-101 — (a) In this title the following words have the meanings indicated
• § 17-102 — (a) (1) FGGS may not be initiated without judicial authorization and without certifying before the court that the forensic sample and the criminal case satisfy the criteria set forth in this section
• § 17-103 — (a) A defendant in a criminal case charged with a crime of violence under § 14–101 of the Criminal Law Article or a defendant convicted of a crime of violence under § 14–101 of the Criminal Law Article and seeking postconviction DNA testing is entitled to seek judicial authorization for an FGGS by f
• § 17-104 — (a) The Office of Health Care Quality shall establish: (1) a licensing program for laboratories performing SNP or other sequencing–based testing on evidence in support of FGGS on or before October 1, 2022; and (2) a licensing program for individuals performing genetic genealogy on or before October
• § 17-105 — (a) On or before June 1 annually, the Governor’s Office of Crime Prevention and Policy shall submit a publicly available report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, that shall include, for the preceding calendar year: (1) the number
• § 2-101 — (a) In this title the following words have the meanings indicated
• § 2-102 — (a) This section does not apply to an employee of the Department of State Police to whom the Secretary of State Police assigns the powers contained in § 2-412 of the Public Safety Article
• § 2-103 — (a) In this section, “primary law enforcement officer” means: (1) the chief of police, if any, or the chief’s designee, in a municipal corporation; (2) the chief of police or the chief’s designee in a county with a county police department; - 26 - (3) the sheriff or the sheriff’s designee in a count
• § 2-104 — (a) In this section, “federal law enforcement officer” means an officer who may: - 27 - (1) make an arrest with or without a warrant for violations of the United States Code; and (2) carry firearms in the performance of the officer’s duties
• § 2-105 — (a) In this section, “governing body” means: - 29 - (1) the county executive and county council of a charter county with a county executive; (2) the county council of a charter county with no county executive; (3) the board of county commissioners of a county; or (4) the mayor and council, by whatev
• § 2-106 — (a) (1) A peace officer, who is appointed in the jurisdiction in which a person is arrested, may keep custody of the arrested person in another jurisdiction in which a District Court commissioner is located to bring the person before the District Court commissioner in the other jurisdiction
• § 2-107 — (a) (1) Before a law enforcement officer may charge with a crime a person who is found by the law enforcement officer in a semiconscious or unconscious condition, the law enforcement officer shall make a diligent effort to determine whether the person: (i) suffers from epilepsy, diabetes, a cardiac
• § 2-108 — (a) A law enforcement officer who charges a minor with a criminal offense shall make a reasonable attempt to provide actual notice to the parent or guardian of the minor of the charge
• § 2-109 — NOT IN EFFECT ** TAKES EFFECT JULY 1, 2022 PER CHAPTER 59 OF 2021 ** (a) At the commencement of a traffic stop or other stop, absent exigent circumstances, a police officer shall: (1) display proper identification to the stopped individual; and (2) provide the following information to the stopped in
• § 2-201 — (a) This subtitle does not impair a right of arrest otherwise existing under the Code
• § 2-202 — (a) A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer
• § 2-203 — (a) A police officer without a warrant may arrest a person if the police officer has probable cause to believe: (1) that the person has committed a crime listed in subsection (b) of this section; and - 35 - (2) that unless the person is arrested immediately, the person: (i) may not be apprehended; (
• § 2-204 — (a) A police officer without a warrant may arrest a person if: (1) the police officer has probable cause to believe that: (i) the person battered the person’s spouse or another person with whom the person resides; (ii) there is evidence of physical injury; and (iii) unless the person is arrested imm
• § 2-205 — A police officer without a warrant may arrest a person if: (1) the police officer has probable cause to believe the pers
• § 2-206 — (a) This section applies during a public emergency, as defined in § 14– 301(e)(1) or (2) of the Public Safety Article, and when public safety is imperiled, or on reasonable apprehension of immediate danger of public safety being imperiled
• § 2-207 — (a) Correctional employees assigned by the Commissioner of Correction to monitor incarcerated individuals on home detention under Title 3, Subtitle 4 of the Correctional Services Article have the same powers to arrest incarcerated individuals in the home detention program as are set forth in this ti
• § 2-208 — (a) (1) The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe: (i) a felony that is a crime listed in paragraph (2) of this subsec
• § 2-210 — (a) If a person employed as a watchman or guard believes that a person is trespassing on posted property that is used for a defense-related activity as defined in § 9-701 of the Criminal Law Article, the employee may detain the person and notify a law enforcement officer
• § 2-301 — (a) This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State
• § 2-304 — (a) In Part II of this subtitle the following words have the meanings indicated
• § 2-305 — (a) A member of a state, county, or municipal law enforcement unit of another state who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person to arrest the person on the ground that the person is believed to have committed a felony in the other state has the
• § 2-306 — (a) If an officer of another state makes an arrest in this State in accordance with § 2-305(a) of this subtitle, the officer shall, without unnecessary delay, take the person arrested before a judge of the circuit court of the county in which the arrest was made for a hearing to determine the lawful
• § 2-307 — - 50 - After this Part II of this subtitle is passed and approved by the Governor, the Secretary of State shall certify
• § 2-308 — If any provision of Part II of this subtitle is for any reason declared void, the rest of Part II of this subtitle will
• § 2-309 — Part II of this subtitle is the Maryland Uniform Act on Fresh Pursuit.
• § 2-401 — In this subtitle, “custodial interrogation” retains its judicially determined meaning.
• § 2-402 — It is the public policy of the State that: (1) a law enforcement unit that regularly utilizes one or more interrogation
• § 2-403 — An audio or audiovisual recording made by a law enforcement unit of a custodial interrogation of a criminal suspect is e
• § 2-404 — - 51 - On or before December 31, 2009, and annually thereafter, the Governor’s Office of Crime Prevention and Policy sha
• § 2-405 — A custodial interrogation of a minor shall be conducted in accordance with the requirements of § 3–8A–14.2 of the Courts
• § 2-501 — (a) In this subtitle the following words have the meanings indicated
• § 2-502 — (a) Except as otherwise provided in this section, results generated by facial recognition technology may not be introduced in a criminal proceeding or in a delinquency proceeding under Title 3, Subtitle 8A of the Courts Article
• § 2-503 — (a) (1) A police officer or other employee or agent of a law enforcement agency may not, in the furtherance of a criminal investigation: (i) use facial recognition technology to investigate a crime other than the commission of or the attempt to commit: 1
• § 2-504 — The State shall disclose, in accordance with the Maryland Rules regarding discovery, whether facial recognition technolo
• § 2-505 — (a) A law enforcement agency that uses or contracts for the use of facial recognition technology shall designate an employee of the law enforcement agency to be responsible for overseeing and administering the use of facial recognition technology in compliance with this subtitle as well as applicabl
• § 2-506 — (a) The Department of State Police, in consultation with any other relevant State agency, shall adopt and publish a model statewide policy regarding the use of facial recognition technology
• § 2-507 — This subtitle may not be construed to restrict the use of facial recognition technology for the purpose of: - 57 - (1) i
• § 2-508 — (a) A law enforcement agency that uses facial recognition technology shall adopt and maintain a use and data management policy
• § 2-509 — A person may bring a civil action against a law enforcement agency to compel compliance with this subtitle.
• § 2-510 — (a) On or before February 1 each year, a law enforcement agency using or contracting for the use of facial recognition technology shall prepare and publish an annual report that discloses information for the prior calendar year, including: (1) the name of each facial recognition system and the names
• § 3-101 — (a) In this title the following words have the meanings indicated
• § 3-102 — The Secretary of the Health Department shall adopt regulations to carry out the provisions of this title that relate to
• § 3-103 — (a) (1) The court shall appoint a qualified interpreter to help a defendant throughout any court proceedings under this title when the defendant: (i) is deaf; or (ii) cannot readily understand or communicate the English language and cannot understand a charge made against the defendant or help prese
• § 3-104 — (a) If, before or during a trial, the defendant in a criminal case or a violation of probation proceeding appears to the court to be incompetent to stand trial or the defendant alleges incompetence to stand trial, the court shall determine, on evidence presented on the record, whether the defendant
• § 3-105 — (a) (1) For good cause and after giving the defendant an opportunity to be heard, the court may order the Health Department to examine the defendant to determine whether the defendant is incompetent to stand trial
• § 3-106 — (a) (1) In this section, “designated health care facility” means: (i) a State facility as defined in § 10–101 of the Health – General Article; (ii) a State forensic residential center; or (iii) a hospital or private residential facility under contract with the Health Department to house and treat in
• § 3-107 — (a) Whether or not the defendant is confined and unless the State petitions the court for extraordinary cause to extend the time, the court shall dismiss the charge against a defendant found incompetent to stand trial under this subtitle: - 66 - (1) when charged with a felony or a crime of violence
• § 3-108 — (a) (1) In addition to any other report required under this title, the Health Department shall report to the court that has ordered commitment of a defendant under § 3–106 of this title: (i) every 6 months from the date of commitment of the defendant; and (ii) whenever the Health Department determin
• § 3-109 — (a) A defendant is not criminally responsible for criminal conduct if, at the time of that conduct, the defendant, because of a mental disorder or an intellectual disability, lacks substantial capacity to: (1) appreciate the criminality of that conduct; or (2) conform that conduct to the requirement
• § 3-110 — (a) (1) If a defendant intends to rely on a plea of not criminally responsible, the defendant or defense counsel shall file a written plea alleging, in substance, that when the alleged crime was committed, the defendant was not criminally responsible by reason of a mental disorder or an intellectual
• § 3-111 — (a) If a defendant has entered a plea of not criminally responsible, the court may order the Health Department to examine the defendant to determine whether the defendant was not criminally responsible under § 3-109 of this title and whether the defendant is competent to stand trial
• § 3-112 — (a) (1) In this section, “designated health care facility” means: (i) a State facility as defined in § 10–101 of the Health – General Article; (ii) a State forensic residential center; or (iii) a hospital or private residential facility under contract with the Health Department to house and treat in
• § 3-113 — (a) (1) Within 10 days after commitment of a person under § 3-112 of this title, the facility that receives the committed person shall send to the Health Department an admission report on the committed person
• § 3-114 — (a) A committed person may be released under the provisions of this section and §§ 3–115 through 3–122 of this title
• § 3-115 — (a) Within 50 days after commitment to the Health Department under § 3- 112 of this title, a hearing officer of the Health Department shall hold a hearing to consider any relevant information that will enable the hearing officer to make recommendations to the court as to whether the committed person
• § 3-116 — - 75 - (a) Within 10 days after the hearing ends, the Office shall prepare a report of recommendations to the court that contains: (1) a summary of the evidence presented at the hearing; (2) recommendations of the Office as to whether the committed person proved, by a preponderance of the evidence,
• § 3-117 — (a) Within 30 days after the court receives the report of recommendations from the Office: (1) the court on its own initiative may hold a hearing; or (2) if timely exceptions are filed, or if the court requires more information, the court shall hold a hearing unless the committed person and the Stat
• § 3-118 — (a) Within 15 days after a judicial hearing ends or is waived, the court shall determine whether the evidence indicates that the committed person proved by a preponderance of the evidence eligibility for release, with or without conditions, in accordance with § 3–114 of this title, and enter an appr
• § 3-119 — (a) (1) Not earlier than 1 year after the initial release hearing ends or was waived, and not more than once a year thereafter, a committed person may apply for release under either subsection (b) or (c) of this section, but not both
• § 3-120 — (a) (1) If at any time the Health Department considers that a committed person is eligible for conditional release, the Health Department may apply for the conditional release to the court that committed the person
• § 3-121 — (a) (1) If the State’s Attorney receives a report that alleges that a committed person has violated a condition of a conditional release, or if the State’s Attorney is notified by the court or Health Department under subsection (b) of this section, the State’s Attorney shall determine whether there
• § 3-122 — - 83 - (a) (1) An application to the court for a change in conditional release of a committed person may be made by: (i) the Health Department or the State’s Attorney at any time; or (ii) the committed person not earlier than 6 months after the court ordered the conditional release, unless the court
• § 3-123 — (a) (1) In this section the following terms have the meanings indicated
• § 3-124 — (a) Notwithstanding any other provision of law, the Health Department shall have access to information maintained by the Judiciary about a criminal defendant who is: - 89 - (1) subject to examination under the provisions of this title; (2) committed to the Health Department under the provisions of t
• § 4-101 — (a) (1) In this section the following words have the meanings indicated
• § 4-102 — A State’s Attorney may charge by information: - 93 - (1) in a case involving a felony that does not involve a felony wit
• § 4-103 — (a) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, at the time of the defendant’s initial appearance, as required by Maryland Rule 4-213, a court or court commissioner shall advise the defendant of the defendant’s right to request a prelimi
• § 4-104 — - 94 - If a statute makes a felony of a crime that is a misdemeanor at common law, a charging document: (1) may not merg
• § 4-105 — (a) In speaking of any partners, joint tenants, heirs, tenants in common, or trustees, a charging document may name any one of them and speak of them as the named person and another or others, as the case may be
• § 4-106 — (a) A charging document may describe an amount of money in dollars and cents without specifying the particular notes, denominations, coins, or certificates circulating as money that constitute the amount
• § 4-107 — (a) It is not necessary to set forth a copy of an ordinance or a section of an ordinance in a charging document for the violation of an ordinance of a municipal corporation, a county, or a special taxing area
• § 4-108 — (a) In making an averment as to an instrument, whether the instrument consists wholly or partly of writing, print, or figures, a charging document may describe the instrument by its usual name or designation or by its purport, without setting out a copy of the instrument or part of the instrument
• § 4-109 — (a) This section applies only to a warrant, summons, or other criminal process for a misdemeanor offense
• § 4-201 — (a) In the District Court, a prosecution for a crime shall be brought in the district that includes the county where the crime was committed, and the trial shall be held in that county unless the case is lawfully removed
• § 4-202 — (a) (1) In this section the following words have the meanings indicated
• § 4-203 — (a) (1) In this section the following words have the meanings indicated
• § 4-204 — (a) In this section, the words “accessory before the fact” and “principal” have their judicially determined meanings
• § 4-205 — (a) Before trial, a court exercising criminal jurisdiction in a case involving a child may order the child to undergo blood lead level testing
• § 4-206 — (a) (1) In this section the following words have the meanings indicated
• § 5-101 — - 109 - (a) This section shall be liberally construed to carry out the purpose of relying on criminal sanctions instead of financial loss to ensure the appearance of a defendant in a criminal case before verdict or pending a new trial
• § 5-102 — A defendant charged with a crime punishable by life imprisonment may be released on bail or other conditions of release
• § 5-103 — (a) In this section, “pretrial risk scoring instrument” means a tool, a metric, an algorithm, or software that is used to assist in determining the eligibility of a defendant for pretrial release in a pretrial proceeding based on the defendant’s flight risk and threat to community safety
• § 5-104 — (a) (1) In this section the following words have the meanings indicated
• § 5-105 — (a) This section applies only in Baltimore City
• § 5-201 — (a) (1) The court or a District Court commissioner shall consider including, as a condition of pretrial release for a defendant, reasonable protections for the safety of the alleged victim
• § 5-202 — (a) A District Court commissioner may not authorize pretrial release for a defendant charged with escaping from a correctional facility or any other place of confinement in the State
• § 5-203 — (a) (1) Subject to paragraphs (2) and (3) of this subsection, a circuit court may adopt rules setting the terms and conditions of bail bonds filed in that court and rules on the qualifications of and fees charged by bail bondsmen
• § 5-204 — (a) In a criminal case in a circuit court in which the defendant is allowed to give bail, the clerk of the court may take the bail if: (1) the court adjourns before the defendant has secured the bail; and (2) the court before adjournment, or any judge of the court after adjournment, issues an order
• § 5-205 — (a) A District Court judge may: (1) set bond or bail; (2) release a defendant on personal recognizance or on a personal or other bail bond; (3) commit a defendant to a correctional facility in default of a bail bond; (4) order a bail bond forfeited if the defendant fails to meet the conditions of th
• § 5-206 — In a criminal case, a judge may reinstate any bail, bond, or recognizance for criminal charges discharged at a prelimina
• § 5-207 — (a) If a defendant is found guilty in a circuit court and sentenced to imprisonment, a bond on which the defendant was released before the sentencing is terminated
• § 5-208 — (a) In this section, “return” means to place in the custody of a police officer, sheriff, or other commissioned law enforcement officer who is authorized to make arrests within the jurisdiction of the court
• § 5-209 — (a) In this section, “property bondsman” means a person other than a defendant who executes a bail bond secured by real estate in the State
• § 5-210 — (a) (1) In this section the following words have the meanings indicated
• § 5-211 — (a) If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person’s arrest
• § 5-212 — (a) This section does not apply to a citation: (1) for a violation of a parking ordinance or regulation adopted under Title 26, Subtitle 3 of the Transportation Article; (2) adopted by the Chief Judge of the District Court under § 1–605(d) of the Courts Article, for use in traffic offenses; or (3) i
• § 5-213 — (a) A court may issue a bench warrant for the arrest of a defendant who violates a condition of pretrial release
• § 5-214 — Notwithstanding Maryland Rule 4–217(g), after a defendant has appeared in person before the commissioner or judge in a c
• § 5-215 — - 127 - A defendant who is denied pretrial release by a District Court commissioner or who for any reason remains in cus
• § 6-101 — In a criminal case tried in a court of general jurisdiction, there is no right to a jury trial unless: (1) the crime cha
• § 6-102 — Except as provided in § 6-104 of this subtitle, in the trial of a criminal case in which there is a jury, the jury is th
• § 6-103 — (a) (1) The date for trial of a criminal matter in the circuit court shall be set within 30 days after the earlier of: (i) the appearance of counsel; or (ii) the first appearance of the defendant before the circuit court, as provided in the Maryland Rules
• § 6-104 — (a) (1) At the close of the evidence for the State, a defendant may move for judgment of acquittal on one or more counts or on one or more degrees of a crime, on the ground that the evidence is insufficient in law to sustain a conviction as to the count or degree
• § 6-105 — (a) Except as provided in subsection (b) of this section, a court in which a motion for a new trial in a criminal case is pending shall hear the motion: (1) within 10 days after the motion is filed; or (2) if an agreed statement of the evidence or a statement of the evidence certified by the trial j
• § 6-106 — - 129 - (a) Before a hearing under § 6-105 of this subtitle, the victim or victim’s representative shall be notified as provided under § 11-104 or § 11-503 of this article
• § 6-201 — In this part, “Commission” means the State Commission on Criminal Sentencing Policy.
• § 6-202 — The General Assembly intends that: (1) sentencing should be fair and proportional and that sentencing policies should re
• § 6-203 — There is a State Commission on Criminal Sentencing Policy.
• § 6-204 — (a) The Commission consists of the following 19 members: (1) a chairman, appointed by the Governor; - 130 - (2) (i) the Chief Justice of the Supreme Court of Maryland; or (ii) a justice or former justice of the Supreme Court of Maryland or the Appellate Court of Maryland designated by the Chief Just
• § 6-205 — (a) A majority of the authorized membership of the Commission is a quorum
• § 6-206 — (a) In addition to any other powers set forth elsewhere, the Commission may: (1) establish subcommittees or advisory committees composed of Commission members to accomplish the duties imposed under this section; (2) require each State unit and local government unit to give information to the Commiss
• § 6-207 — Each State unit and local governmental unit shall cooperate with the Commission.
• § 6-208 — (a) (1) The Commission shall adopt sentencing guidelines that the Commission may change
• § 6-209 — IN EFFECT (a) The Commission shall review annually sentencing policy and practice and, on or before January 31 of each year, report to the General Assembly, in - 133 - accordance with § 2–1257 of the State Government Article, on the activities of the preceding calendar year
• § 6-210 — The Commission shall: (1) collect sentencing guidelines worksheets and automate the information with the help of the Administrative Office of the Courts; and (2) monitor sentencing practice and adopt changes to the sentencing guideline matrices consistent with the intent of this part
• § 6-211 — (a) Subject to subsection (b) of this section, the Commission shall adopt as regulations sentencing guidelines and any changes to those sentencing guidelines, subject to Title 10, Subtitle 1 of the State Government Article
• § 6-212 — The Commission shall: (1) hold training and orientation programs for trial court judges, attorneys, probation officers,
• § 6-213 — (a) The Commission shall use a correctional population simulation model to help determine the State and local correctional resources that: (1) are required under current laws, policies, and practices relating to sentencing, parole, and mandatory supervision; and (2) would be required to carry out fu
• § 6-214 — The Commission shall include an entry location on a sentencing guidelines worksheet for a court, in reporting on crimes
• § 6-216 — (a) (1) A circuit court shall consider: (i) the sentencing guidelines for ordinary sentences in deciding on the proper sentence; and (ii) the sentencing guidelines for corrections options in deciding whether to sentence a defendant to a corrections options program or to impose an ordinary sentence
• § 6-217 — (a) When a sentence of confinement that is to be served is imposed for a violent crime as defined in § 7–101 of the Correctional Services Article for which a defendant will be eligible for parole under § 7–301(c) or (d) of the Correctional Services Article, the court shall state in open court the mi
• § 6-218 — (a) This section does not apply to a parolee who is returned to the custody of the Division of Correction because of a subsequent crime and is confined before being sentenced for the subsequent crime
• § 6-219 — (a) In this section, “custodial confinement” means: (1) home detention; (2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent
• § 6-220 — (a) In this section, “custodial confinement” means: - 140 - (1) home detention; (2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equ
• § 6-221 — On entering a judgment of conviction, the court may suspend the imposition or execution of sentence and place the defend
• § 6-222 — (a) A circuit court or the District Court may: (1) impose a sentence for a specified time and provide that a lesser time be served in confinement; (2) suspend the remainder of the sentence; and (3) (i) order probation for a time longer than the sentence but, subject to subsections (b) and (c) of thi
• § 6-223 — (a) A circuit court or the District Court may end the period of probation at any time
• § 6-224 — (a) This section applies to a defendant who is convicted of a crime for which the court: (1) does not impose a sentence; (2) suspends the sentence generally; (3) places the defendant on probation for a definite time; or - 148 - (4) passes another order and imposes other conditions of probation
• § 6-225 — (a) (1) In this section, “custodial confinement” means: (i) home detention; (ii) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equiva
• § 6-226 — (a) In this section, “supervisee” means a person that the court places under the supervision of the Division of Parole and Probation
• § 6-228 — Approver may not be admitted in a case.
• § 6-229 — (a) This section does not apply to a person: - 153 - (1) charged with a crime of violence as defined under § 14–101 of the Criminal Law Article or with a violation of Title 3, Subtitle 6 or Subtitle 8, or § 3– 203, § 3–204, § 5–612, § 5–613, § 5–614, § 5–621, § 5–622, or § 5–628 of the Criminal Law
• § 6-230 — (a) (1) Except as provided in subsection (d) of this section, this subsection shall apply in any case where the court agrees that, on successful completion of any treatment ordered as a condition of probation under § 6–219 of this subtitle, the court will enter an order striking the entry of judgmen
• § 6-231 — Before the revocation of any probation ordered under this title, and in addition to any other factors the court consider
• § 6-232 — (a) In a criminal case, when all of the charges against the defendant are disposed of by acquittal, dismissal, probation before judgment, nolle prosequi, or stet, the court shall advise the defendant that the defendant may be entitled to expunge the records and any DNA sample and DNA record relating
• § 6-233 — (a) In this section, “domestically related crime” means a crime committed by a defendant against a victim who is a person eligible for relief, as defined in § 4– 501 of the Family Law Article, or who had a sexual relationship with the defendant within 12 months before the commission of the crime
• § 6-234 — - 157 - (a) (1) In this section the following words have the meanings indicated
• § 6-235 — Notwithstanding any other provision of law, when sentencing a minor convicted as an adult, a court: (1) may impose a sen
• § 6-236 — NOT IN EFFECT ** TAKES EFFECT JULY 1, 2023 PER CHAPTERS 521 AND 522 OF 2022 ** // EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTERS 521 AND 522 OF 2022 // (a) There is a Jobs Court Pilot Program in the District Court sitting in Baltimore City
• § 7-101 — This title applies to a person convicted in any court in the State who is: (1) confined under sentence of imprisonment;
• § 7-102 — (a) Subject to subsection (b) of this section, §§ 7-103 and 7-104 of this subtitle and Subtitle 2 of this title, a convicted person may begin a proceeding under this title in the circuit court for the county in which the conviction took place at any time if the person claims that: (1) the sentence o
• § 7-103 — (a) For each trial or sentence, a person may file only one petition for relief under this title
• § 7-104 — The court may reopen a postconviction proceeding that was previously concluded if the court determines that the action i
• § 7-105 — (a) Before a hearing is held on a petition filed under this title, the victim or victim’s representative shall be notified of the hearing as provided under § 11-104 or § 11-503 of this article
• § 7-106 — (a) For the purposes of this title, an allegation of error is finally litigated when: (1) an appellate court of the State decides on the merits of the allegation: (i) on direct appeal; or (ii) on any consideration of an application for leave to appeal filed under § 7-109 of this subtitle; or (2) a c
• § 7-107 — (a) The remedy provided under this title is not a substitute for and does not affect any remedy that is incident to the proceedings in the trial court or any remedy of direct review of the sentence or conviction
• § 7-108 — (a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title
• § 7-109 — (a) Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State’s Attorney, may apply to the Appellate Court of Maryland for leave to appeal the order
• § 7-301 — This title is the Uniform Postconviction Procedure Act.
• § 8-101 — - 165 - (a) In this subtitle the following terms have the meanings indicated
• § 8-102 — (a) Except as provided in subsection (b) of this section, a person convicted of a crime by a circuit court and sentenced to serve a sentence that exceeds 2 years in a correctional facility is entitled to a single sentence review by a review panel
• § 8-103 — (a) A person entitled to file an application for a sentence review under this subtitle has the right to be represented by counsel: (1) to determine whether to seek a sentence review; and (2) to file an application for a sentence review
• § 8-104 — (a) The filing of an application for sentence review under this subtitle does not: (1) stay the execution of the sentence; (2) affect the time allowed to file an appeal or a motion for a new trial; or (3) affect the power of the sentencing judge to change the sentence to the extent allowed by the Ma
• § 8-105 — (a) A review panel consists of three or more circuit court judges of the judicial circuit in which the sentencing court is located
• § 8-106 — (a) A review panel may increase, modify, or reduce a sentence only after notice to each party and notice to any victim or victim’s representative as provided under § 11-104 or § 11-503 of this article
• § 8-107 — (a) Except as provided in subsection (c) of this section, a majority of the members of the review panel is necessary to make a decision
• § 8-109 — The Supreme Court of Maryland shall adopt rules to carry out this subtitle.
• § 8-110 — (a) This section applies only to an individual who: (1) was convicted as an adult for an offense committed when the individual was a minor; (2) was sentenced for the offense before October 1, 2021; and (3) has been imprisoned for at least 20 years for the offense
• § 8-201 — (a) (1) In this section the following words have the meanings indicated
• § 8-301 — (a) A person charged by indictment or criminal information with a crime triable in circuit court and convicted of that crime may, at any time, file a petition for writ of actual innocence in the circuit court for the county in which the conviction was imposed if the person claims that there is newly
• § 8-302 — (a) (1) In this section the following words have the meanings indicated
• § 8-401 — The failure to seek an appeal in a criminal case may not be construed as a waiver of the right to file a petition for wr
• § 9-101 — (a) In this subtitle the following words have the meanings indicated
• § 9-102 — Subject to the provisions of this title, the provisions of the Constitution of the United States controlling, and any an
• § 9-103 — (a) A demand for the extradition of a person charged with crime in another state may not be recognized by the Governor unless it is: (1) in writing and alleging, except in cases arising under § 9-106 of this title, that the accused was present in the demanding state at the time of the - 185 - commis
• § 9-104 — When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a
• § 9-105 — (a) When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive authority of the other state for the extraditio
• § 9-106 — (a) (1) Except as provided in subsection (b) of this section, the Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State charged in the other state in the manner provided in § 9–103 of this title with committing an act in this Sta
• § 9-107 — (a) If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest
• § 9-108 — A warrant issued under § 9-107 of this title shall authorize the law enforcement officer or other person to whom it is d
• § 9-109 — A law enforcement officer or other person empowered to make the arrest under § 9-108 of this title has the same authorit
• § 9-110 — (a) (1) A person arrested upon a warrant issued under § 9–107 of this title may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record in this State, who s
• § 9-111 — - 188 - (a) An officer may not deliver to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant in willful disobedience to § 9-110 of this title
• § 9-112 — (a) (1) The officer or person executing the Governor’s warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the correctional facility of any county or municipal corporation through which the officer, person, o
• § 9-113 — (a) This section applies whenever: (1) it is charged on the oath of a credible witness before a judge or District Court commissioner that a person in this State: (i) has committed a crime in another state and, except in cases arising under § 9-106 of this title, has fled from justice; or (ii) has be
• § 9-114 — - 190 - (a) The arrest of a person may be lawfully made also by any law enforcement officer without a warrant upon reasonable information that the accused stands charged in a court of a state with a crime punishable by death or imprisonment for a term exceeding 1 year
• § 9-115 — If, from the examination before the judge or District Court commissioner, it appears that the person held is the person
• § 9-116 — (a) Except as provided in subsection (b) of this section, and unless the crime with which the person arrested is charged is shown to be a crime punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to bail
• § 9-117 — If the accused is not arrested under warrant of the Governor within the time specified in the warrant or bond, a judge o
• § 9-118 — (a) If the accused is admitted to bail and fails to appear and surrender according to the conditions of the bond, the judge or District Court commissioner by proper order shall declare the bond forfeited and order the immediate arrest of the accused without warrant if the accused is within this Stat
• § 9-119 — If a criminal prosecution has been instituted against a person under the laws of this State and is still pending, the Go
• § 9-120 — The guilt or innocence of the accused of the crime charged may not be inquired into by the Governor or in any proceeding
• § 9-121 — The Governor may recall a warrant of arrest or may issue another warrant whenever the Governor deems proper
• § 9-122 — Whenever the Governor demands a person charged with crime or with escaping from confinement or breaking the terms of bai
• § 9-123 — (a) (1) When the return to this State of a person charged with a crime in this State is required, the State’s Attorney shall present to the Governor a written application for a requisition for the return of the person charged
• § 9-124 — (a) (1) Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance and service of the warrant provided for in §§ 9-107 and 9-108 of this title, and a
• § 9-125 — (a) Nothing in this title is a waiver by this State of its right, power, or privilege to try a demanded person for a crime committed within this State, or of its right, power, or privilege to regain custody of a person by extradition proceedings or otherwise for the purpose of trial, sentence, or pu
• § 9-126 — After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be trie
• § 9-127 — - 195 - This title shall be interpreted and construed to effectuate its general purposes to make uniform the law of thos
• § 9-128 — This title is the Uniform Criminal Extradition Act.