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RULE 4-216.2. REVIEW OF COMMISSIONER'S PRETRIAL RELEASE ORDER

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 200. Pretrial Procedures (Refs & Annos)
MD Rules, Rule 4-216.2
RULE 4-216.2. REVIEW OF COMMISSIONER'S PRETRIAL RELEASE ORDER
(a) Generally. A defendant who is denied pretrial release by a commissioner or who for any reason remains in custody after a commissioner has determined conditions of release pursuant to Rule 4-216 shall be presented immediately to the District Court if the court is then in session, or if not, at the next session of the court.
Cross reference: See Rule 4-231(d) concerning the presence of a defendant by video conferencing.
(b) Attorney for Defendant.
(1) Duty of Public Defender. Unless another attorney has entered an appearance or the defendant has waived the right to an attorney for purposes of the review hearing in accordance with this section, the Public Defender shall provide representation to an eligible defendant at the review hearing.
(2) Waiver.
(A) Unless an attorney has entered an appearance, the court shall advise the defendant that:
(i) the defendant has a right to an attorney at the review hearing;
(ii) an attorney can be helpful in advocating that the defendant should be released on recognizance or on bail with minimal conditions and restrictions; and
(iii) if the defendant is eligible, the Public Defender will represent the defendant at this proceeding.
Cross reference: For the requirement that the court also advise the defendant of the right to counsel generally, see Rule 4-215(a).
(B) If, after the giving of this advice, the defendant indicates a desire to waive an attorney for purposes of the review hearing and the court finds that the waiver is knowing and voluntary, the court shall announce on the record that finding and proceed pursuant to this Rule.
(C) Any waiver found under this Rule is applicable only to the proceeding under this Rule.
(3) Waiver of Attorney for Future Proceedings. For proceedings after the review hearing, waiver of an attorney is governed by Rule 4-215.
(c) Determination by Court. The District Court shall review the commissioner's pretrial release determination and take appropriate action in accordance with the standards and requirements set forth in Rule 4-216.1. If the court determines that the defendant will continue to be held in custody after the review, the court shall set forth in writing or on the record the reasons for the continued detention.
(d) Juvenile Defendant. If the defendant is a child whose case is eligible for transfer to the juvenile court pursuant to Code, Criminal Procedure Article, ยง 4-202(b), the District Court, regardless of whether it has jurisdiction over the offense charged, may order that a study be made of the child, the child's family, or other appropriate matters.
Cross reference: See Rule 4-223 for the procedure for detaining a juvenile defendant pending a determination of transfer of the case to the juvenile court.
(e) Title 5 Not Applicable. Title 5 of these Rules does not apply to proceedings conducted under this Rule.
Source: This Rule is derived from former section (a) of Rule 4-216.1 (2012).

Credits

[Adopted June 11, 2012, eff. June 12, 2012. Amended May 27, 2014, eff. July 1, 2014; Dec. 7, 2015, eff. Jan. 1, 2016; Feb. 16, 2017, eff. July 1, 2017.]
MD Rules, Rule 4-216.2, MD R CR Rule 4-216.2
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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