Home Table of Contents

§ 15-108. Subpoena powers in criminal investigations

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2008

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 15. Office of the State's Attorney (Refs & Annos)
Subtitle 1. Definitions; General Duties and Powers (Refs & Annos)
Effective: October 1, 2008
MD Code, Criminal Procedure, § 15-108
§ 15-108. Subpoena powers in criminal investigations
Telephone, business, governmental, or corporate records or documents
(a)(1) For the limited purpose of furthering an ongoing criminal investigation, a State's Attorney or a deputy State's Attorney designated in writing by the State's Attorney may issue in the county served by the State's Attorney a subpoena to a person to produce telephone, business, governmental, or corporate records or documents.
(2) The subpoena may be served in the same manner as one issued by a circuit court.
Right to attorney
(b)(1) A person may have an attorney present during any contact made under subsection (a) of this section with a State's Attorney or an agent of the State's Attorney.
(2) The State's Attorney shall advise a person of the right to counsel when the subpoena is served.
Failure of person to obey subpoena
(c)(1)(i) The State's Attorney immediately may report the failure of a person to obey a lawfully served subpoena under subsection (a) of this section to the circuit court of the county served by the State's Attorney.
(ii) The State's Attorney shall provide a copy of the subpoena and proof of service to the circuit court.
(2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (a) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
Privileges or rights recognized by law
(d) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.

Credits

Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008.
MD Code, Criminal Procedure, § 15-108, MD CRIM PROC § 15-108
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document