RULE 4-216.2. REVIEW OF COMMISSIONER'S PRETRIAL RELEASE ORDER
West's Annotated Code of MarylandMaryland Rules
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.
(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.
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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