§ 3-107. Dismissal of charges
West's Annotated Code of MarylandCriminal ProcedureEffective: April 14, 2015
Effective: April 14, 2015
MD Code, Criminal Procedure, § 3-107
§ 3-107. Dismissal of charges
(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:
(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.
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 with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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