Laws Lawyers Find Laws Legal Forms State Laws

MARYLAND STATUTES AND CODES

Section 4-103 - Preliminary hearing.

Listen
§ 4-103. Preliminary hearing.(a)Defendant to be advised of right.- 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 preliminary hearing.(b)Time for waiver requests.- (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the defendant may request a preliminary hearing at the defendant's initial appearance or at any time within 10 days after the initial appearance.(2) If the defendant does not request a preliminary hearing within 10 days after the initial appearance, the right to a preliminary hearing is waived.(c)When right is absolute.- (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the right of a defendant to a preliminary hearing is absolute if:(i) the defendant is charged by criminal information; and(ii) the defendant requests a preliminary hearing in accordance with subsection (b) of this section.(2) If the defendant is charged by grand jury indictment, the right of a defendant to a preliminary hearing is not absolute but the court may allow the defendant to have a preliminary hearing.(3) In any other case, the right of a defendant to a preliminary hearing is not absolute, but on motion of the State's Attorney or the defendant, and subject to the Maryland Rules, the court may allow the defendant to have a preliminary hearing. [An. Code 1957, art. 27, § 592(b); 2001, ch. 10, § 2; ch. 35; 2003, ch. 21, § 1.]
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • § 4-103. Preliminary hearing.
     

    (a)  Defendant to be advised of right.- 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 preliminary hearing. 

    (b)  Time for waiver requests.-  

    (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the defendant may request a preliminary hearing at the defendant's initial appearance or at any time within 10 days after the initial appearance. 

    (2) If the defendant does not request a preliminary hearing within 10 days after the initial appearance, the right to a preliminary hearing is waived. 

    (c)  When right is absolute.-  

    (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the right of a defendant to a preliminary hearing is absolute if: 

    (i) the defendant is charged by criminal information; and 

    (ii) the defendant requests a preliminary hearing in accordance with subsection (b) of this section. 

    (2) If the defendant is charged by grand jury indictment, the right of a defendant to a preliminary hearing is not absolute but the court may allow the defendant to have a preliminary hearing. 

    (3) In any other case, the right of a defendant to a preliminary hearing is not absolute, but on motion of the State's Attorney or the defendant, and subject to the Maryland Rules, the court may allow the defendant to have a preliminary hearing. 
     

    [An. Code 1957, art. 27, § 592(b); 2001, ch. 10, § 2; ch. 35; 2003, ch. 21, § 1.] 

     

    Maryland Forms by Issue

    Maryland Abortion Forms
    Maryland Administration/Filing Fees Forms
    Maryland Business Forms
    Maryland Court Forms
    > Criminal
    > DUI
    > Probate
    > Civil (District)
    > Mediation
    > Small Claims
    >
    Maryland Divorce Forms
    Maryland Expungement Forms
    Maryland Family Forms
    Maryland Guardianship Forms
    Maryland Gun Forms
    Maryland Name Change Forms
    Maryland Other Forms
    Maryland Tax Forms

    Maryland Law

    Maryland State Laws
        > Maryland Child Support
        > Maryland Gun Law
        > Maryland Statutes
    Maryland Court
        > District Court of Maryland
        > Maryland Court Cases
        > Maryland Court Records
        > Maryland Judiciary
        > Maryland Judiciary Case Search
        > Mcculloch v. Maryland
    Maryland Tax
        > Maryland State Tax
    Maryland Labor Laws
        > Maryland Unemployment
    Maryland Agencies
        > Maryland Department of Assessments and Taxation
        > Maryland Department of Motor Vehicles
        > Maryland State Police

    Maryland Court Map

    Operation Confirm
    Are you sure you want to delete it?
      
    Tips