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§ 3-107. Dismissal of charges

West's Annotated Code of MarylandCriminal ProcedureEffective: April 14, 2015

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 3. Incompetency and Criminal Responsibility in Criminal Cases (Refs & Annos)
Effective: April 14, 2015
MD Code, Criminal Procedure, § 3-107
§ 3-107. Dismissal of charges
Grounds for dismissal
(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:
(1) when charged with a felony or a crime of violence as defined under § 14-101 of the Criminal Law Article, after the lesser of the expiration of 5 years or the maximum sentence for the most serious offense charged; or
(2) when charged with an offense not covered under item (1) of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for the most serious offense charged.
Notice and opportunity to be heard
(b) Whether or not the defendant is confined, if the court considers that resuming the criminal proceeding would be unjust because so much time has passed since the defendant was found incompetent to stand trial, the court shall dismiss the charge without prejudice. However, the court may not dismiss a charge without providing the State's Attorney and a victim or victim's representative who has requested notification under § 3-123(c) of this title advance notice and an opportunity to be heard.
Notice to victim, victim’s representative, and Criminal Justice Information System Central Repository
(c) If charges are dismissed under this section, the court shall notify:
(1) the victim of the crime charged or the victim's representative who has requested notification under § 3-123(c) of this title; and
(2) the Criminal Justice Information System Central Repository.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2006, c. 353, § 1, eff. Oct. 1, 2006; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2015, c. 22, § 1, eff. April 14, 2015.
MD Code, Criminal Procedure, § 3-107, MD CRIM PROC § 3-107
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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