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§ 4-109. Requests to have criminal process for misdemeanor offense invalidated or destroyed

West's Annotated Code of MarylandCriminal ProcedureEffective: June 1, 2013

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 4. Pretrial Procedures (Refs & Annos)
Subtitle 1. Charging Procedures and Documents (Refs & Annos)
Effective: June 1, 2013
MD Code, Criminal Procedure, § 4-109
§ 4-109. Requests to have criminal process for misdemeanor offense invalidated or destroyed
Application of section to misdemeanor offenses
(a) This section applies only to a warrant, summons, or other criminal process for a misdemeanor offense.
Written request to have criminal process for misdemeanor offense invalidated or destroyed
(b) A law enforcement agency may make a written request for the State's Attorney within the jurisdiction of the law enforcement agency to petition the administrative judge of the district to have a warrant, summons, or other criminal process in the possession of the law enforcement agency invalidated and destroyed due to the age of the unexecuted warrant, summons, or other criminal process and unavailability of the defendant, or other special circumstances, if:
(1) the warrant, summons, or other criminal process was issued for the arrest of the defendant in order that the defendant might stand for trial and has remained unexecuted for at least 5 years;
(2) the warrant, summons, or other criminal process was issued for the failure of the defendant to make a deferred payment of a fine or costs as ordered by the court and has remained unexecuted for at least 5 years;
(3) the warrant, summons, or other criminal process was issued for a violation of probation and has remained unexecuted for at least 5 years;
(4) except as provided in item (5) of this subsection, the warrant, summons, or other criminal process was issued for the arrest of the defendant for the failure of the defendant to appear as directed by the court and has remained unexecuted for at least 5 years; or
(5) the defendant was released on bail posted by a private surety, and the warrant was issued for the arrest of the defendant for the failure of the defendant to appear as directed by the court and has remained unexecuted for at least 10 years.
Action by State’s Attorney upon receipt of request
(c)(1) On receipt of a request made under subsection (b)(1), (b)(2), (b)(3), or (b)(4) of this section, the State's Attorney:
(i) if the warrant, summons, or other criminal process has remained unexecuted for more than 5 years but less than 7 years, may petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other process; and
(ii) if the warrant, summons, or other criminal process has remained unexecuted for at least 7 years, shall petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other process.
(2) On receipt of a request made under subsection (b)(5) of this section, the State's Attorney shall petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other criminal process.
Arguments against invalidation and destruction of criminal process
(d) The State's Attorney may argue against the invalidation and destruction of a warrant, summons, or other criminal process of which the State's Attorney has petitioned the court for invalidation and destruction under subsection (c)(1)(ii) or (2) of this section due to a justifiable continuing active investigation of the case.
Court orders for invalidation and destruction of unexecuted warrants
(e) Unless preservation is determined by the court to be justifiable, the court shall order the invalidation and destruction of the unexecuted warrant, summons, or other criminal process in accordance with § 1-605 of the Courts and Judicial Proceedings Article.
Arrests made under authority of invalidated criminal process prohibited
(f) An arrest may not be made under the authority of a warrant, summons, or other criminal process that has been ordered invalidated and destroyed.
Nolle prosequi or placement of case on stet docket
(g) The State's Attorney may enter a nolle prosequi or place the case on the stet docket at the time of the court order under this section.
Construction of section
(h) Nothing in this section may be construed to:
(1) prevent the reissuance of a warrant, summons, or other criminal process;
(2) affect the time within which a prosecution for a misdemeanor may be commenced;
(3) nullify or remove a failure to appear designation that has been placed on an individual's driving record by the Motor Vehicle Administration; or
(4) affect any pending criminal charge.

Credits

Added by Acts 2012, c. 525, § 1, eff. Oct. 1, 2012. Amended by Acts 2013, c. 409, § 1, eff. June 1, 2013.
MD Code, Criminal Procedure, § 4-109, MD CRIM PROC § 4-109
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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