In Maryland, a crime is any behavior that is punishable by incarceration or fine or both. The legislature determines which acts are considered criminal and then these acts are divided into two categories, namely felonies and misdemeanors. This division is based on the potential punishment. If the act is punishable only by a fine, such as a parking ticket, it is usually not considered a crime. To be charged with a crime is to be formally accused of that crime.
Police officers begin the charging process with an arrest or a citation.
The police then send copies of their reports to the State's Attorney, who then decides what charges, if any should be filed. The State's Attorney is permitted to examine all circumstances of the case, including the suspect's past criminal record, when determining whether charges should be filed. If a felony is involved, the prosecutor sometimes leaves it to the grand jury to make the charging decisions. Grand juries are made up of randomly selected individuals who listen to evidence and determine whether charges should be brought against a certain individual. The proceedings are secret, but is possible in some cases if the suspect is indicted, for the accused to obtain transcripts of the proceedings.