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§ 14-109. Prosecution of criminal offenses

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2008

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 14. Office of the State Prosecutor (Refs & Annos)
Effective: October 1, 2008
MD Code, Criminal Procedure, § 14-109
§ 14-109. Prosecution of criminal offenses
In general
(a)(1) The State Prosecutor may prosecute a criminal offense set forth in the State Prosecutor's report of the findings and recommendations if, within 45 days after receipt of the report, the State's Attorney fails to file charges and begin prosecution in accordance with the recommendations.
(2) Notwithstanding paragraph (1) of this subsection, the State Prosecutor may immediately prosecute a criminal offense that is set forth in the State Prosecutor's report and that is alleged to have been committed by the State's Attorney.
Appeals and postconviction proceedings
(b)(1) The State Prosecutor shall represent the State in each appeal and postconviction proceeding that arises from a prosecution that the State Prosecutor conducts.
(2) Notwithstanding paragraph (1) of this subsection, the Attorney General may represent the State or assist the State Prosecutor:
(i) on the request of the State Prosecutor; or
(ii) as required by law in an appeal or collateral proceeding described in paragraph (1) of this subsection.

Credits

Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008.
MD Code, Criminal Procedure, § 14-109, MD CRIM PROC § 14-109
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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