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RULE 4-102. DEFINITIONS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 100. General
MD Rules, Rule 4-102
RULE 4-102. DEFINITIONS
The following definitions apply in this Title:
(a) Charging Document. “Charging document” means a written accusation alleging that a defendant has committed an offense. It includes a citation, an indictment, an information, and a statement of charges.
(b) Citation. “Citation” means a charging document, other than an indictment, information, or statement of charges, issued to a defendant by a peace officer.
(c) Defendant. “Defendant” means a person who has been arrested for an offense or charged with an offense in a charging document.
(d) Indictment. “Indictment” means a charging document returned by a grand jury and filed in a circuit court.
(e) Information. “Information” means a charging document filed in a court by a State's Attorney.
(f) Judicial Officer. “Judicial Officer” means a judge or District Court commissioner.
(g) Offense. “Offense” means a violation of the criminal laws of this State or political subdivision thereof.
(h) Peace Officer. “Peace officer” means (1) a “law enforcement officer” as defined in Code, Public Safety Article, § 3-101 (e), (2) a “police officer” as defined in Code, Criminal Procedure Article, § 2-101 (c), and (3) any other person authorized by State or local law to issue citations.
(i) Petty Offense. “Petty offense” means an offense for which the penalty may not exceed imprisonment for a period of three months or a fine of five hundred dollars.
(j) Preliminary Inquiry. “Preliminary inquiry” means a pretrial proceeding conducted by a judicial officer when a defendant, who has been served with a citation or summons, appears as directed before the judicial officer for advise of rights in accordance with Rules 4-213 and 4-215.
(k) Statement of Charges. “Statement of charges” means a charging document, other than a citation, filed in District Court by a peace officer or by a judicial officer.
(l) State's Attorney. “State's Attorney” means a person authorized to prosecute an offense.
Committee note: The definition of “State's Attorney” in Rule 4-102 (l) includes the elected or appointed State's Attorney for a county, the State Prosecutor, the Attorney General when conducting a criminal investigation or prosecution pursuant to Article V, § 3 of the Maryland Constitution or other law, and assistants in those offices authorized to conduct a criminal prosecution. See State v. Romulus, 315 Md. 526 (1989).
(m) Verdict. “Verdict” means the finding of the jury or the decision of the court pertaining to the merits of the offense charged.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 702 a and M.D.R. 702 a.
Section (b) is derived from former M.D.R. 702 c.
Section (c) is derived from former Rule 702 b and M.D.R. 702 d.
Section (d) is derived from former Rule 702 c.
Section (e) is derived from former Rule 702 d and M.D.R. 702 e.
Section (f) is derived from former M.D.R. 702 f.
Section (g) is derived from former Rule 702 e and M.D.R. 702 g.
Section (h) is new.
Section (i) is derived from former M.D.R. 702 h.
Section (j) is new.
Section (k) is derived from former M.D.R. 702 i.
Section (l) is derived from former Rule 702 f and M.D.R. 702 j.
Section (m) is derived from former Rule 702 g and M.D.R. 702 l.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 21, 2013, eff. Jan. 1, 2014; Oct. 10, 2018, eff. Jan. 1, 2019.]
MD Rules, Rule 4-102, MD R CR Rule 4-102
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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