reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-118 - Court Action on Report of Office

(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 appropriate order containing a concise statement of the findings of the court, the reasons for those findings, and ordering:
(1)    continued commitment;
(2)    conditional release; or
(3)    discharge from commitment.
(b)    (1)    If timely exceptions are not filed, and, on review of the report of recommendations from the Office, the court determines that the recommendations are supported by the evidence and a judicial hearing is not necessary, the court shall enter an order in accordance with the recommendations within 30 days after receiving the report from the Office.
(2)    A court may not enter an order that is not in accordance with the recommendations from the Office unless the court holds a hearing or the hearing is waived.
(c)    Unless the conditional release is extended under § 3-122 of this title, the court may not continue the conditions of a conditional release for more than 5 years.
(d)    The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person.
(e)    (1)    An appeal from a District Court order shall be on the record in the circuit court.
(2)    An appeal from a circuit court order shall be by application for leave to appeal to the Court of Special Appeals.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-119 - Application for Release

(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.
(2)    Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may file an application for release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person since the last hearing.
(b)    (1)    To apply for release under this subsection, the committed person shall file an application for release with the Health Department and notify the court and State’s Attorney, in writing, of this request.
(2)    The provisions of this title governing administrative hearing and judicial determination of eligibility for release apply to any application for release under this subsection.
(c)    (1)    To apply for release under this subsection, the committed person shall file a petition for release with the court that ordered commitment.
(2)    The committed person shall send a copy of the petition for release to the Health Department and the State’s Attorney.
(3)    If the committed person requests a trial by jury, the trial shall be held in a circuit court with a jury as in a civil action at law.
(4)    The trier of fact shall:
(i)    determine whether the committed person has proved eligibility for release by a preponderance of the evidence; and
(ii)    render a verdict for:
1.    continued commitment;
2.    conditional release; or
3.    discharge from commitment.
(5)    If the trier of fact renders a verdict for conditional release, within 30 days after the verdict, the court shall release the committed person under conditions it imposes in accordance with specific recommendations for conditions under § 3-116(b) of this title.
(d)    (1)    An appeal from a District Court order shall be on the record in the circuit court.
(2)    An appeal from a circuit court order shall be by application for leave to appeal to the Court of Special Appeals.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-120 - Conditional Release Request by Health Department

(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.
(2)    The Health Department shall send a copy of the application for conditional release:
(i)    to the committed person;
(ii)    to counsel for the committed person; and
(iii)    to the State’s Attorney, by certified mail, return receipt requested.
(b)    Within 30 days after receipt of the application from the Health Department, the court shall issue an order that is in accordance with § 3-114 of this title for:
(1)    continued commitment; or
(2)    conditional release under the conditions it imposes after giving consideration to the recommendations of specific conditions from the Health Department.
(c)    If the court orders a conditional release of the committed person under this section, the committed person, the State’s Attorney, or the Health Department may apply for a revocation, change, or extension under § 3-122 of this title.
(d)    (1)    An appeal from a District Court order shall be on the record in circuit court.
(2)    An appeal from a circuit court order shall be by application for leave to appeal to the Court of Special Appeals.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-122 - Application for Change in Conditional Release

(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 for good cause permits an earlier application.
(2)    The applicant for a change in conditional release shall notify the court and other parties, in writing, of the application and the reasons for the requested change.
(b)    The burden of proof of any issue raised by the application for change in conditional release rests with the applicant.
(c)    After the court considers the application for change in conditional release and the evidence, in accordance with § 3-114 of this title, the court shall:
(1)    change the conditions;
(2)    impose appropriate additional conditions;
(3)    revoke the conditional release;
(4)    continue the present conditions of release; or
(5)    extend the conditional release by an additional term of 5 years.
(d)    (1)    Not earlier than 1 year after the court action on the application for change filed by the committed person, and not more than once a year thereafter, a committed person may reapply for a change in conditional release.
(2)    Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may apply for a change in conditional release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person.
2023 Maryland Statutes › Criminal Procedure › Title 3 - Incompetency and Criminal Responsibility in Criminal Cases › Section 3-124 - Examination of Defendant's Information by Health Department -- Access to Judicial Records

(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:
(1)    subject to examination under the provisions of this title;
(2)    committed to the Health Department under the provisions of this title; or
(3)    on conditional release under the provisions of this title.
(b)    Before exchanging any information in accordance with this section, the Health Department and the Judiciary shall enter into an agreement regarding:
(1)    the individuals who may have access to information under this section;
(2)    what information is accessible to the individuals in item (1) of this subsection; and
(3)    the ways in which the information accessed may be used.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-102 - Charge by Criminal Information

A State’s Attorney may charge by information:
(1)    in a case involving a felony that does not involve a felony within the jurisdiction of the District Court, if the defendant is entitled to a preliminary hearing but does not request a hearing within 10 days after a court or court commissioner informs the defendant about the availability of a preliminary hearing; or
(2)    in any other case, if a court in a preliminary hearing finds that there is probable cause to hold the defendant.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-103 - Preliminary Hearing

(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 preliminary hearing.
(b)    (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)    (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.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-104 - Merger of Common Law Misdemeanor in Statutory Felony Prohibited

If a statute makes a felony of a crime that is a misdemeanor at common law, a charging document:
(1)    may not merge the misdemeanor in the felony; but
(2)    may contain counts for the felony and for the misdemeanor.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-105 - Naming of Two or More Persons With Like Interests in Charging Document

(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.
(b)    In stating the ownership or possession of real or personal property owned or possessed by two or more persons, a charging document may name one of the persons and lay the ownership or possession in the named person and another or others, as the case may be.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-106 - Description of Money in Charging Document

(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.
(b)    A description of an amount of money in dollars and cents under subsection (a) of this section is sustained by proof of any number of notes, denominations, coins, or certificates circulating as money without proof of the particular species of notes, denominations, coins, or certificates that constitute the amount.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-107 - Charging Document for Violation of Ordinance

(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.
(b)    A charging document specified in subsection (a) of this section is sufficient if it:
(1)    cites the ordinance alleged to have been violated by date of passage or, if codified, by article and section number;
(2)    conforms to the law governing the framing of charging documents for a violation of an act of the General Assembly; and
(3)    concludes with the words “against the peace, government, and dignity of the State.”.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 1 - Charging Procedures and Documents › Section 4-108 - Charging Document for Crimes Involving Instruments

(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.
(b)    (1)    This subsection applies to a charging document for:
(i)    counterfeiting, issuing, disposing of, altering, stealing, embezzling, destroying, or passing any kind of instrument; or
(ii)    theft by the obtaining of property by false pretenses.
(2)    A charging document is sufficient if the charging document alleges that the defendant acted with the intent to defraud, without alleging the intent of the defendant to defraud any particular person.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 2 - Venue and Other Procedural Matters › Section 4-202.1 - Transfer of Case Involving Detained Child

(a)    In this section, “child” means a defendant who is under the age of 18 years and whose case is eligible for transfer under the provisions of § 4-202(b)(1) and (2) and (c) of this subtitle.
(b)    If a child remains in custody for any reason after a bail review hearing:
(1)    in the case of a child charged with a felony that is not within the jurisdiction of the District Court, the District Court shall:
(i)    clearly indicate on the case file and in computer records that the case involves a detained child; and
(ii)    set a preliminary hearing to be held within 15 days after the bail review hearing; or
(2)    in the case of a child charged with a crime in the District Court, the District Court:
(i)    shall clearly indicate on the case file and in computer records that the case involves a detained child;
(ii)    shall set a transfer hearing under § 4-202 of this subtitle to be held within 30 days after the filing of the charging document;
(iii)    may order that a study be made under § 4-202 of this subtitle; and
(iv)    shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.
(c)    On receipt of a District Court case file that indicates that the case involves a child who was detained after a bail review hearing under subsection (b) of this section, a circuit court:
(1)    unless previously set by the District Court under subsection (b)(2) of this section, shall set a transfer hearing under § 4-202 of this subtitle to be held within 30 days after the filing of the charging document in the circuit court;
(2)    unless previously ordered by the District Court under subsection (b)(2) of this section, may order that a study be made under § 4-202 of this subtitle; and
(3)    shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 2 - Venue and Other Procedural Matters › Section 4-202.2 - Transfer of Case Involving Detained Child -- at Sentencing

(a)    At sentencing, a court exercising criminal jurisdiction in a case involving a child shall determine whether to transfer jurisdiction to the juvenile court if:
(1)    as a result of trial or a plea entered under Maryland Rule 4–242, all charges that excluded jurisdiction from the juvenile court under § 3–8A–03(e)(1) or (4) of the Courts Article do not result in a finding of guilty; and
(2)    (i)    pretrial transfer was prohibited under § 4–202(c)(2) of this subtitle; or
(ii)    the court did not transfer jurisdiction after a hearing under § 4–202(b) of this subtitle.
(b)    In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider:
(1)    the age of the child;
(2)    the mental and physical condition of the child;
(3)    the amenability of the child to treatment in an institution, facility, or program available to delinquent children;
(4)    the nature of the child’s acts as proven in the trial or admitted to in a plea entered under Maryland Rule 4–242; and
(5)    public safety.
(c)    The court may not consider transferring jurisdiction to the juvenile court under this section if:
(1)    under the terms of a plea agreement entered under Maryland Rule 4–243, the child agrees that jurisdiction is not to be transferred; or
(2)    pretrial transfer was prohibited under § 4–202(c)(1) of this subtitle.
(d)    (1)    A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article.
(2)    (i)    A victim or victim’s representative may submit a victim impact statement to the court as provided in § 11–402 of this article.
(ii)    This paragraph does not preclude a victim or victim’s representative who has not filed a notification request form under § 11–104 of this article from submitting a victim impact statement to the court.
(iii)    The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.
(e)    (1)    If the court transfers its jurisdiction to the juvenile court, the court shall conduct a disposition under the regular procedures of the juvenile court.
(2)    The record of the hearing and of the disposition shall be transferred to the juvenile court, subject to § 3–8A–27 of the Courts Article.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 2 - Venue and Other Procedural Matters › Section 4-203 - Process Against Corporations

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Corporation” includes a joint-stock company and an association.
(3)    “Limited liability company” includes a limited liability partnership and a limited liability limited partnership.
(b)    If a charging document is filed against a corporation or limited liability company, the clerk of court may issue a summons to the corporation or limited liability company in its corporate or company name to appear at the court to answer the charging document.
(c)    A summons served under subsection (b) of this section may be served in the same manner as provided for service of process in a civil suit under the Maryland Rules.
(d)    (1)    If a sheriff or other officer returns a summons served under this section as “summoned” or “served”:
(i)    the corporation or limited liability company to whom the summons was issued shall be considered as in court and as appearing to the charging document; and
(ii)    the court shall order the clerk to enter an appearance for the corporation or limited liability company and to endorse a plea of not guilty on the charging document.
(2)    After the clerk makes the entry and endorsement specified in paragraph (1)(ii) of this subsection, further proceedings may occur concerning the charging document in the same manner as if the corporation or limited liability company had appeared and pleaded not guilty.
(e)    (1)    If a corporation or limited liability company is served a summons under this section and is convicted on the charging document, a court may:
(i)    pass a judgment concerning the charging document; and
(ii)    issue process of execution to the sheriff of the county against the property of the corporation or limited liability company for the amount of the fine and costs that may be awarded against the corporation or limited liability company in the same manner as on a judgment in a civil action.
(2)    A sheriff shall sell the property of the corporation or limited liability company on an execution under paragraph (1) of this subsection in the same manner as on an execution issued in a civil suit.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 2 - Venue and Other Procedural Matters › Section 4-204 - Accessory Before the Fact

(a)    In this section, the words “accessory before the fact” and “principal” have their judicially determined meanings.
(b)    Except for a sentencing proceeding under § 2–304 of the Criminal Law Article:
(1)    the distinction between an accessory before the fact and a principal is abrogated; and
(2)    an accessory before the fact may be charged, tried, convicted, and sentenced as a principal.
(c)    An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been:
(1)    charged with the crime;
(2)    acquitted of the crime; or
(3)    convicted of a lesser or different crime.
(d)    If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where:
(1)    an act of accessoryship was committed; or
(2)    a principal in the crime may be charged, tried and convicted, and sentenced.
2023 Maryland Statutes › Criminal Procedure › Title 4 - Pretrial Procedures › Subtitle 2 - Venue and Other Procedural Matters › Section 4-205 - Blood Lead Level Testing

(a)    Before trial, a court exercising criminal jurisdiction in a case involving a child may order the child to undergo blood lead level testing.
(b)    A copy of the results of a test performed under subsection (a) of this section shall be provided to:
(1)    the child;
(2)    the child’s parent or guardian;
(3)    the child’s counsel; and
(4)    the State’s Attorney.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 1 - In General › Section 5-101 - Release on Personal Recognizance

(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.
(b)    (1)    Except as provided in subsection (c) of this section, if, from all the circumstances, the court believes that a minor or adult defendant in a criminal case will appear as required for trial before verdict or pending trial, the defendant may be released on personal recognizance.
(2)    A failure to appear as required by personal recognizance is subject to the penalties provided in § 5-211 of this title.
(c)    A defendant may not be released on personal recognizance if the defendant is charged with:
(1)    a crime listed in § 5–202(d) of this title after having been convicted of a crime listed in § 5–202(d) of this title; or
(2)    a crime punishable by life imprisonment without parole.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 1 - In General › Section 5-103 - Pretrial Risk Scoring Instrument

(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.
(b)    A jurisdiction that uses a pretrial risk scoring instrument to determine the eligibility of a defendant for pretrial release shall have an independent validation study of the pretrial risk scoring instrument conducted at least once every 5 years.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 1 - In General › Section 5-104 - Restrictions on Actions by Law Enforcement Agents While Performing Regular Police Functions

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Civil immigration violation” means a violation of federal civil immigration law.
(3)    “Family member” means a relative by blood, adoption, or marriage.
(4)    “Household member” means a person who lives with another or is a regular presence in the home of another.
(5)    (i)    “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article.
(ii)    “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.
(6)    “Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
(7)    “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
(b)    (1)    In this subsection, “arrest” does not include a routine booking procedure.
(2)    Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:
(i)    inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;
(ii)    detain, or prolong the detention of, an individual:
1.    for the purpose of investigating the individual’s citizenship or immigration status; or
2.    based on the suspicion that the individual has committed a civil immigration violation;
(iii)    transfer an individual to federal immigration authorities unless required by federal law; or
(iv)    coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:
1.    the individual’s family member;
2.    the individual’s household member;
3.    the individual’s legal guardian; or
4.    another individual for whom the individual is a legal guardian.
(3)    Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.
(4)    If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:
(i)    notify the individual of the protection or requirement; and
(ii)    provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 1 - In General › Section 5-105 - Notice of Pretrial Release of Defendant in Baltimore City

(a)    This section applies only in Baltimore City.
(b)    If a defendant is released before trial, the Department of Public Safety and Correctional Services shall provide notice within 24 hours of the release to the Baltimore Police Department.
(c)    Notice provided under this section shall be provided in a manner that allows the sorting and filtering of the information provided by the Department of Public Safety and Correctional Services.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-201 - Conditions of Pretrial Release

(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.
(2)    If a victim has requested reasonable protections for safety, the court or a District Court commissioner shall consider including, as a condition of pretrial release, provisions regarding no contact with the alleged victim or the alleged victim’s premises or place of employment.
(b)    (1)    In accordance with eligibility criteria, conditions, and procedures required under the Maryland Rules, the court may require, as a condition of a defendant’s pretrial release, that the defendant be monitored by a private home detention monitoring agency licensed under Title 20 of the Business Occupations and Professions Article.
(2)    Except as provided under paragraph (3) of this subsection, a defendant placed in private home detention under paragraph (1) of this subsection shall pay directly to the private home detention monitoring agency the agency’s monitoring fee.
(3)    Subject to the availability of federal funding under paragraph (4) of this subsection, a defendant may not be required to pay a private home detention monitoring agency’s monitoring fee or pay for a home detention monitoring device if:
(i)    the defendant qualifies as an indigent individual under § 16–210 of this article; or
(ii)    a home detention monitoring device or global positioning system device is provided by the State or a local jurisdiction.
(4)    The State shall use available federal funds to provide payment to a private home detention monitoring agency for any costs or fees incurred that are not required to be paid by a defendant under paragraph (3) of this subsection.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-203 - Bail Bonds in Circuit Courts

(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.
(2)    Notwithstanding any other law or rule to the contrary, if expressly authorized by the court, a defendant or a private surety acting for the defendant may post a bail bond by executing it in the full penalty amount and depositing with the clerk of court the greater of 10% of the penalty amount or $25.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State.
(ii)    Unless otherwise ordered by the court, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only.
(4)    A bail bond commissioner may be appointed to carry out rules adopted under this section.
(5)    A violation of a rule adopted under this section is contempt of court and shall be punished in accordance with Title 15, Chapter 200 of the Maryland Rules.
(6)    A person may not engage in the business of becoming a surety for compensation on bail bonds in criminal cases unless the person is:
(i)    approved in accordance with any rules adopted under this section; and
(ii)    if required under the Insurance Article, licensed in accordance with the Insurance Article.
(b)    (1)    In the circuit courts in the Seventh Judicial Circuit, a bail bondsman approved under subsection (a) of this section shall pay a license fee of 1% of the gross value of all bail bonds written in all courts of the circuit, if the fee is approved by the court of the county in which it applies.
(2)    The fee shall be paid to the court as required by the rules of court and shall be used to pay the expenses of carrying out this section.
(3)    Any absolute bail bond forfeitures collected may be used to pay the expenses of carrying out this section.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-204 - Bail After Adjournment or During Recess of Circuit Court

(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 that sets the amount of the bail and directs the clerk to take the bail.
(b)    If a defendant is arrested on indictment in a bailable case in a circuit court and is confined during the recess of the court, any judge of the court, by written order, may set the amount of the bail and direct the clerk to take the bail with security.
(c)    The clerk may not accept security for bail unless:
(1)    the person offering the security states under oath that the person owns real or personal property worth the amount of the bail, exclusive of the person’s right to exemption from execution; and
(2)    the clerk is satisfied that the statement is true.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-205 - Bail in District Court

(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 the bond; and
(5)    exercise all of the powers of a justice of the peace under the Constitution of 1867.
(b)    (1)    Except as provided in paragraph (2) of this subsection, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State.
(2)    Unless otherwise expressly ordered by the court or District Court commissioner, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only.
(c)    (1)    This subsection does not apply to a defendant who has been arrested for failure to appear in court or for contempt of court.
(2)    (i)    Notwithstanding any other law or rule to the contrary, in a criminal or traffic case in the District Court in which a bail bond has been set and if expressly authorized by the court or District Court commissioner, the defendant or a private surety acting for the defendant may post the bail bond by:
1.    executing it in the full penalty amount; and
2.    depositing with the clerk of the court or a commissioner the greater of 10% of the penalty amount or $25.
(ii)    A judicial officer may increase the percentage of cash surety required in a particular case but may not authorize a cash deposit of less than $25.
(3)    On depositing the amount required under paragraph (2) of this subsection and executing the recognizance, the defendant shall be released from custody subject to the conditions of the bail bond.
(d)    (1)    When all conditions of the bail bond have been performed without default and the defendant has been discharged from all obligations in the cause for which the recognizance was posted, the clerk of the court shall return the deposit to the person or private surety who deposited it.
(2)    (i)    If the defendant fails to perform any condition of the bail bond, the bail bond shall be forfeited.
(ii)    If the bail bond is forfeited, the liability of the bail bond shall extend to the full amount of the bail bond set and the amount posted as a deposit shall be applied to reduce the liability incurred by the forfeiture.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-206 - Reinstatement of Bail After Discharge at Preliminary Hearing

In a criminal case, a judge may reinstate any bail, bond, or recognizance for criminal charges discharged at a preliminary hearing in the District Court, if a new charging document arises out of the substantially same set of facts.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-207 - Termination of Bond on Sentencing

(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.
(b)    If the defendant files a notice of appeal and the sentencing court requires a bond to be posted, the defendant shall post a new bond.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-209 - Property Bondsmen

(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.
(b)    This section does not apply in the seventh judicial circuit.
(c)    A property bondsman may authorize an agent in writing to execute on behalf of the property bondsman:
(1)    a bail bond; and
(2)    a declaration of trust or deed of trust to secure a bail bond by real estate.
(d)    If all other requirements of law are met, a person authorized by law to take a bail bond shall take a bail bond secured by declaration of trust or deed of trust on real estate properly executed by an authorized agent of a property bondsman.
(e)    (1)    A person who acts as a property bondsman for compensation shall provide to the court documentation of ownership, tax status, and liens against the property posted.
(2)    A person described under paragraph (1) of this subsection who willfully provides false documentation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-210 - Soliciting Business

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Agent” means a person that acts or is authorized to act as the representative of a bail bondsman.
(3)    (i)    “Bail bondsman” means a licensed limited surety agent or a licensed professional bail bondsman.
(ii)    “Bail bondsman” does not include a person that contracts with a public agency to provide bail bonds to persons detained in a correctional facility.
(b)    On the grounds of a courthouse or correctional facility, a bail bondsman, an agent of a bail bondsman, an employee of the courthouse, or an employee of a correctional facility may not:
(1)    approach, entice, or invite a person to use the services of a specific bail bondsman;
(2)    distribute, display, or wear an item that advertises the services of a bail bondsman; or
(3)    otherwise solicit business as a bail bondsman.
(c)    A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to:
(1)    a fine not exceeding $2,500, and if licensed in accordance with the Insurance Article, a 30–day license suspension for a first offense; and
(2)    a fine not exceeding $5,000, and if licensed in accordance with the Insurance Article, a 90–day license suspension for a subsequent offense.
(d)    A person convicted of a violation of subsection (b) of this section shall be referred to the Insurance Commissioner for appropriate action.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-211 - Failure to Surrender After Forfeiture of Bail or Recognizance

(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.
(b)    (1)    On issuing a bench warrant under subsection (a) of this section, a judge may also set a bond in the case.
(2)    If a person against whom a bench warrant has been issued posts a bond that has been set by a judge under paragraph (1) of this subsection:
(i)    a judicial officer shall mark the bench warrant satisfied; and
(ii)    the court shall reschedule the hearing or trial.
(c)    A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to:
(1)    a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or
(2)    a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness.
(d)    This section does not diminish the power of a court to punish for contempt.
(e)    A person who is prosecuted under subsection (c)(1) of this section is subject to § 5–106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-212 - Failure to Appear in Response to Citation

(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)    issued by a Natural Resources police officer under § 1–205 of the Natural Resources Article.
(b)    A bench warrant may be issued for the arrest of a defendant who fails to appear in court in response to a citation.
(c)    A person who fails to appear in court in response to a citation is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-213 - Violation of Conditions of Pretrial Release

(a)    A court may issue a bench warrant for the arrest of a defendant who violates a condition of pretrial release.
(b)    After a defendant is presented before a court, the court may:
(1)    revoke the defendant’s pretrial release; or
(2)    continue the defendant’s pretrial release with or without conditions.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-213.1 - Violation of Conditions of Pretrial Release -- Charges of Abuse or Stalking

(a)    A person may not violate a condition of pretrial or posttrial release prohibiting the person from contacting, harassing, or abusing an alleged victim or going in or near an alleged victim’s residence or place of employment if the person is charged with committing:
(1)    a violation of Title 3, Subtitle 3 of the Criminal Law Article against a victim who is a minor;
(2)    a crime of violence as defined in § 5–101 of the Public Safety Article;
(3)    a crime against a victim who is a person eligible for relief as defined in § 4–501 of the Family Law Article; or
(4)    a violation of § 3–802 of the Criminal Law Article.
(b)    A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-214 - Posting Bond Without Appearance of Defendant

Notwithstanding Maryland Rule 4–217(g), after a defendant has appeared in person before the commissioner or judge in a case, the defendant may post bond by means of electronic transmission or hand delivery of the relevant documentation without appearing before the commissioner or judge, if authorized by:
(1)    in the circuit court, the County Administrative Judge; and
(2)    in the District Court, the Chief Judge of the District Court.
2023 Maryland Statutes › Criminal Procedure › Title 5 - Release › Subtitle 2 - Pretrial Release › Section 5-215 - Presentation of Defendant Denied Pretrial Release or Who Remains in Custody

A defendant who is denied pretrial release by a District Court commissioner or who for any reason remains in custody after a District Court commissioner has determined conditions of release under Maryland Rule 4–216 shall be presented to a District Court judge immediately if the Court is in session, or if the Court is not in session, at the next session of the Court.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 1 - Trial › Section 6-101 - Right to Trial by Jury

In a criminal case tried in a court of general jurisdiction, there is no right to a jury trial unless:
(1)    the crime charged is subject to a penalty of imprisonment; or
(2)    there is a constitutional right to a jury trial for the crime.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 1 - Trial › Section 6-103 - Trial Date

(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.
(2)    The trial date may not be later than 180 days after the earlier of those events.
(b)    (1)    For good cause shown, the county administrative judge or a designee of the judge may grant a change of the trial date in a circuit court:
(i)    on motion of a party; or
(ii)    on the initiative of the circuit court.
(2)    If a circuit court trial date is changed under paragraph (1) of this subsection, any subsequent changes of the trial date may only be made by the county administrative judge or that judge’s designee for good cause shown.
(c)    The Court of Appeals may adopt additional rules to carry out this section.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 1 - Trial › Section 6-104 - Motion for Judgment of Acquittal on Ground of Insufficient Evidence

(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.
(2)    Subject to paragraph (3) of this subsection, if the court denies the motion for judgment of acquittal, the defendant may offer evidence on the defendant’s behalf without having reserved the right to do so.
(3)    If the defendant offers evidence after making a motion for judgment of acquittal, the motion is deemed withdrawn.
(b)    (1)    The defendant may move for judgment of acquittal at the close of all the evidence whether or not a motion for judgment of acquittal was made at the close of the evidence for the State.
(2)    If the court denies the motion for judgment of acquittal, the defendant may have review of the ruling on appeal.
2023 Maryland Statutes › Criminal Procedure › Title 6 - Trial and Sentencing › Subtitle 1 - Trial › Section 6-105 - Motion for New Trial

(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 judge is filed, within 10 days after the statement is filed.
(b)    The time for the hearing of a motion for a new trial may be extended by:
(1)    a written agreement, signed by the State’s Attorney of the county in which the motion is pending and the defendant or the defendant’s counsel; or
(2)    an order signed by the trial judge.