RULE 4-221. PRELIMINARY HEARING IN DISTRICT COURT
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 4-221
RULE 4-221. PRELIMINARY HEARING IN DISTRICT COURT
(a) Request and Waiver. A defendant charged with a felony that is not within the jurisdiction of the District Court may request a preliminary hearing at or within ten days after an initial appearance pursuant to Rule 4-213(a). The preliminary hearing shall be held in the District Court. Failure to make a timely request is a waiver of a preliminary hearing, unless the court orders otherwise. Within three days after a defendant waives a preliminary hearing expressly or by not making a timely request, the clerk shall forward to the State's Attorney a written notice of the waiver or a copy of the docket entries showing the waiver. Within ten days after a defendant waives a preliminary hearing, the State may request a preliminary hearing.
(d) Conduct of Preliminary Hearing. Before proceeding with a preliminary hearing, the District Court shall make certain that the defendant has received a copy of the charging document and shall read or state to the defendant the substance of each offense. Title 5 of these rules does not apply to preliminary hearings. The court shall receive relevant evidence presented by the State, and evidence may not be excluded on the ground that it was acquired by unlawful means. The defendant is entitled to cross-examine witnesses but not to present evidence.
(e) Determination by Court. If the District Court finds after the preliminary hearing that there is probable cause to believe that the defendant committed an offense, the conditions of pretrial release previously established shall continue unless changed by the court. Promptly after the finding of probable cause by the court, the clerk shall forward to the State's Attorney a written notice of the finding or a copy of the docket entries showing the finding. If the District Court does not find that there is probable cause to believe that the defendant committed an offense, it shall dismiss the charging document and release the defendant. A dismissal pursuant to this section is without prejudice.
After hearing on the record in the presence of the defendant and for good cause shown, the court may extend the time within which the State's Attorney shall take such action.
(h) State's Attorney's Notification--Transfer of Papers. Upon the filing of a charging document in the circuit court pursuant to section (c) or (f) of this Rule, the State's Attorney shall promptly give notice of the filing to the clerk of the District Court, the defendant, and all witnesses subpoenaed for a preliminary hearing. When so notified, the clerk shall immediately forward all papers to the clerk of the circuit court in which the charging document is filed.
Cross reference: Code, Criminal Procedure Article, ยง 4-103.
Source: This Rule is derived from former M.D.R. 727.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended Dec. 15, 1993, eff. July 1, 1994; Jan. 8, 2002, eff. Feb. 1, 2002.]
MD Rules, Rule 4-221, MD R CR Rule 4-221
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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