§ 4-109. Requests to have criminal process for misdemeanor offense invalidated or destroyed
West's Annotated Code of MarylandCriminal ProcedureEffective: June 1, 2013
Effective: June 1, 2013
MD Code, Criminal Procedure, § 4-109
§ 4-109. Requests to have criminal process for misdemeanor offense invalidated or destroyed
(a) This section applies only to a warrant, summons, or other criminal process for a misdemeanor offense.
(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:
(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:
(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.
(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.
(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.
(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.
(h) Nothing in this section may be construed to:
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 through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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