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§ 14-110. Powers and duties relating to investigations and prosecutions

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, § 14-110
§ 14-110. Powers and duties relating to investigations and prosecutions
Powers and duties of State Prosecutor
(a) The State Prosecutor has all the powers and duties of a State's Attorney, including the use of a grand jury in any county, when the State Prosecutor:
(1) investigates a case under § 14-107 of this title; or
(2) prosecutes a case under § 14-109 of this title.
Subpoenas
(b)(1) For the limited purpose of furthering an ongoing criminal investigation under § 14-107 of this title, the State Prosecutor may issue a subpoena to a person to produce telephone, business, governmental, or corporate records or documents.
(2) The subpoena may be served in the same manner as one issued by a circuit court.
Right to attorney
(c)(1) A person may have an attorney present during any contact with the State Prosecutor made under subsection (b) of this section.
(2) The State Prosecutor shall advise a person of the right to counsel when the subpoena is served.
Failure of person to obey subpoena
(d)(1)(i) The State Prosecutor immediately may report the failure of a person to obey a lawfully served subpoena under subsection (b) of this section to the circuit court of the county having jurisdiction.
(ii) The State Prosecutor shall provide a copy of the subpoena and proof of service to the circuit court.
(2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (b) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
Privileges or rights recognized by law
(e) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.

Credits

Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008. Amended by Acts 2008, c. 500, § 1, eff. Oct. 1, 2008.
MD Code, Criminal Procedure, § 14-110, MD CRIM PROC § 14-110
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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