What To Do When On Trial For a Crime in Maryland?

Any individual charged with a misdemeanor or felony offense in the State of Maryland is prosecuted under the criminal laws of the state. The accused is required to make a court appearance on a specific date and must note that certain rights are granted to criminal defendants in Maryland. These rights include the right to an attorney and the right to a speedy trial in a Maryland Criminal Court. Typically, arrested individuals are taken before a District Court Commissioner. The commissioner is responsible for explaining criminal charges and resulting penalties, determining bail, and informing defendants of their legal rights. If a defendant cannot afford an attorney, the District Court commissioner may assign a Public Defender to represent the charged individual. A criminal defendant may be required to attend different hearings before a trial.

What Percentage of Criminal Cases go to Trial in Maryland?

The District and Circuit Courts are the criminal courts in Maryland. Both courts serve as the state’s trial courts, but no jury trials are held in the District Court. According to the annual FY2020 statistical report, there were 110,212 criminal filings and 120,644 dispositions in the District Court. 31,739 cases (26.3%) were disposed of by trial. Comparing data from the years 2019, 2018, 2017, and 2016, trial dispositions in the court were 26.2%, 23.3%, 22.3%, and 26.8%, respectively. On average, 24.9% of criminal cases go to trial in the Maryland District Court.

In the Circuit Courts, there were 58,552 criminal filings and 57,912 dispositions in 2019. Jury trials made up 38.2% of these dispositions. From 2015 to 2018, dispositions of jury trials in the courts were 43.6%, 44%, 42.8%, 39.4%, accordingly. Therefore, 41.6% of cases disposed of in the Circuit Courts are jury trials.

When Does a Criminal Defendant Have the Right to a Trial?

All criminal defendants have the right to a trial in Maryland. However, not everyone has the right to a jury trial in the circuit courts, as stated in § 6–101 of Maryland statutes. Defendants may legally request a jury trial when the sentence faced for a criminal charge exceeds 90 days imprisonment. A written request for a jury trial may be filed 15 days before a scheduled trial date or requested anytime before the start of a trial.

What Are the Stages of a Criminal Trial in Maryland?

The stages of a criminal trial in Maryland are as follows:

• Jury selection
• Opening statements
• Presentation of evidence (defense and prosecution)
• Jury instructions
• Closing arguments
• Jury deliberations and verdict

How Long Does it Take For a Case to Go to Trial in Maryland?

Under § 6–103 of Maryland statutes, a criminal case, regardless of the severity of the offense, proceeds to trial within 180 days of the entry of the defense counsel’s appearance or the defendant’s first appearance. This law is Maryland’s speedy trial law and is referred to as the “Hicks rule.”

What Happens When a Court Case Goes to Trial in Maryland?

Trials in the Maryland Circuit Courts begin with a jury selection. The prosecution and defense question prospective jurors. Typically, a trial jury consists of 12 people. However, one or two alternate jurors may be selected in case any juror is excused or removed before the trial ends. After the jury’s selection process and swearing-in, the defense and prosecution make their opening statements to the jury, stating what they seek to prove about the case with evidence. The prosecutor seeks to confirm the defendant’s guilt, and the defense, the defendant’s innocence. The defense may or may not make an opening statement.

Once opening statements are concluded, the prosecution and defense present their cases and evidence. Both parties examine witnesses directly and provide credible evidence to support their claims. Usually, the plaintiff (prosecution) goes first. After a party is done questioning a witness by direct-examination, the other side is allowed to cross-examine the party’s witness(es) to find gaps and irregularities in the witness’ testimony. The initial party who called a witness may question the witness again after the other side has completed cross-examination.

When both attorneys rest and all evidence is presented, the judge instructs the jury on the law and procedures to be followed in reaching a verdict. Then, closing arguments are made. The prosecution provides reasons why the jury should issue a guilty verdict based on the evidence presented. At the same time, the defendant’s attorney tries to convince the jury of the defendant’s innocence based on a lack of sufficient evidence on the prosecutor’s part.

After arguments have been made, the jury deliberates in the jury room. In Maryland, a jury’s verdict must be unanimous for a sentence to be imposed. When a verdict is reached, the jury foreperson informs the bailiff, who then notifies the judge, and the foreperson proclaims the verdict to the court.

If the jury cannot vote unanimously on a verdict, the judge declares a mistrial, and the case will be retried on a later date by a different jury. It is also possible that the state may decide not to retry the case.

Can you be Put on Trial Twice for the Same Crime in Maryland?

No, a person cannot be put on trial twice for the same crime in Maryland. The Fifth Amendment (Double Jeopardy Clause) of the United States Constitution prohibits a criminal defendant’s prosecution for the same criminal offense within the State of Maryland.

How Do I Lookup a Criminal Court Case in Maryland?

Members of the public may use the Maryland Judiciary Case Search to lookup criminal court cases in Maryland. By entering a person’s name (first, last), case type, the court where the case was tried, county, and filing date, anyone can obtain details on recent and disposed cases. The information available on this platform includes a defendant’s name, city, and state, case number, birth date, date of trial, criminal charges, and case disposition. Furthermore, parties involved in a case (defendants and lawyers) can lookup or view documents in their court case using the Maryland Electronic Courts (MDEC). CourtRecords.us, a third-party site, may also be used to find information on these cases.

How to Access Electronic Court Records in Maryland

Criminal court records may be accessed electronically using the Case Search site. However, only certain records are available to the public. Excluded records are defined under Maryland Rules 16–909 et seq., including certain identifying information and a criminal/juvenile delinquency action. Also, public kiosks located in Maryland courthouses may be used to inspect case records electronically.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How Do I Remove Public Court Records in Maryland?

In Maryland, public criminal court records can be removed in three ways:

• Shielding certain information in a record
• Sealing a record
• Expunging a record

• Shielding a Record

Shielding a criminal record means restricting access from public view. Shielded case files are not available on the Case Search platform. However, certain parties (agencies, individuals, and law enforcement) may still have access. Parties may petition the District Court or Circuit Court, where the case was concluded to shield their records. Filing this petition costs $30 and may be done by an individual or attorney. Maryland statutes grant only one shielding petition per lifetime. The waiting period to file a petition for shielding is three years after completion of a sentence. Eligible convictions include:

• Prostitution
• Driving offenses including driving while uninsured, suspended, or revoked and driving without a license
• Disorderly conduct
• Disturbing the peace
• Failure to obey a lawful order
• Malicious destruction of property in the lesser degree
• Trespass on posted property
• Use of or possession of drug paraphernalia
• Possessing or administering a controlled dangerous substance
• Possessing or administering a non-controlled dangerous substance

A shielding petition will be denied if the defendant’s crime involves a:

• Domestic-related offense
• Pending criminal matter
• Crime that is ineligible for shielding
• Petitioner convicted of a new crime during the 3-year waiting period

After a petition is filed, the court serves the petition to the State’s Attorney’s Office and informs all named victim(s) in the case. By law, the State’s Attorney’s Office has 30 days from the date of service to file an objection. If any party files an objection, the court will hold a hearing. When no party objects, the judge grants or denies the petition. Upon approval of a petition, the court issues an Order for Shielding. More information on the shielding process may be obtained from the Guide for Shielding Of Maryland Second Chance Act Records.

• Sealing a record

Witnesses and victims of a criminal case may file a request to seal a record or limit public inspection of certain information in a criminal record, including a name, address, or phone number. This request may be filed with Form CC-DC–052 in the clerk office or commissioner’s office in the court where the case was heard. No hearings are held for requests. Once a request is granted, the information will be inaccessible to the public. Parties whose requests are denied may file a motion to limit public access to a criminal case record in the District or Circuit Court that heard the case. While requests to limit access may be granted by clerks or commissioners, motions are decided by judges. A judge may deny or grant a motion, or schedule a hearing date when additional consideration is required for the motion.

• Expunging a record

An expungement order removes criminal case information from court and police records. Section 10–105 and 10–110 of the Criminal Procedure Article outlines all adult crimes that can be expunged in Maryland, as well as the expungement waiting periods. Two types of petitions may be filed:

• Form CC-DC-CR–072A: for not-guilty dispositions, including an acquittal, dismissal, probation before judgment, nolle prosequi, stet, or not criminally responsible disposition
• Form CC-DC-CR–072B: for guilty dispositions

No charge is assessed when filing petitions for not-guilty dispositions, but there is a non-refundable fee of $30 charged to petitioners filing expungement petitions for guilty dispositions. Parties who cannot pay the fee may request a waiver from the applicable court.

To file for an expungement of an adult criminal record, a petitioner may complete and file the relevant form with the clerk in the court where the case was disposed, and pay the filing fee, if applicable. It takes approximately 90 days from the date of filing to complete an expungement process in Maryland. (§§ 10–101 to 10–110, Md. Code, Criminal Procedure). Parties whose petitions are denied may file for an appeal within 30 days of the denial. Frequently asked questions on the expungement process may be found in the Maryland Judiciary Expungement Guide.

Md. Code, Courts and Judicial Proceedings § 3–8A–27.1(b)(1) and Md. Rule 11–601 cover expungements of juvenile records. Any person who wants to file for an expungement of a juvenile record may file a petition in the court where the case was heard. Petition forms are available on the Maryland Courts website.