Md. Code, Criminal Procedure, Title 4

in effect

Md. Code, Criminal Procedure § 4-101

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Citation” means a written charging document that a police officer or fire marshal issues to a defendant, alleging the defendant has committed a crime. (ii) “Citation” does not include an indictment, information, or statement of charges. (3) “Fire marshal” means: (i) the State Fire Marshal; (ii) a deputy State fire marshal; or (iii) as designated under § 6–304 of the Public Safety Article: 1. an assistant State fire marshal; or 2. a special assistant State fire marshal. (4) “Police officer” has the meaning stated in § 2–101 of this article. (b) Within areas of the National Park System, a United States Park Police officer may exercise the authority of a police officer to issue a citation under this section. (c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer shall charge by citation for: 1. any misdemeanor or local ordinance violation that does not carry a penalty of imprisonment; 2. any other misdemeanor or local ordinance violation not involving serious injury or an immediate health risk for which the maximum penalty of imprisonment is 90 days or less, except: A. failure to comply with a peace order under § 3–1508 of the Courts Article; B. failure to comply with a protective order under § 4–509 of the Family Law Article; C. violation of a condition of pretrial or posttrial release under § 5–213.1 of this article; D. possession of an electronic control device after conviction of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article; E. violation of an out–of–state domestic violence order under § 4–508.1 of the Family Law Article; or F. abuse or neglect of an animal under § 10–604 of the Criminal Law Article; or 3. possession of cannabis under § 5–601 of the Criminal Law Article. (ii) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer may charge by citation for: 1. sale of an alcoholic beverage to an underage drinker or intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages and Cannabis Article; 2. malicious destruction of property under § 6–301 of the Criminal Law Article, if the amount of damage to the property is less than $500; 3. misdemeanor theft under § 7–104(g)(2) of the Criminal Law Article; 4. possession of a controlled dangerous substance other than cannabis under § 5–601 of the Criminal Law Article; 5. possession with intent to distribute cannabis under § 5–602(b)(1) of the Criminal Law Article; or 6. growing or manufacturing cannabis or a cannabis product under § 5–603(b) of the Criminal Law Article. (2) A police officer may charge a defendant by citation only if: (i) the officer is satisfied with the defendant’s evidence of identity; (ii) the officer reasonably believes that the defendant will comply with the citation; (iii) the officer reasonably believes that the failure to charge on a statement of charges will not pose a threat to public safety; (iv) the defendant is not subject to arrest: 1. for an alleged misdemeanor involving serious injury or immediate health risk or an alleged felony arising out of the same incident; or 2. based on an outstanding arrest warrant; and (v) the defendant complies with all lawful orders by the officer. (3) A police officer who has grounds to make a warrantless arrest for an offense that may be charged by citation under this subsection may: (i) issue a citation in lieu of making the arrest; or (ii) make the arrest and subsequently issue a citation in lieu of continued custody. (d) (1) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a fire marshal may issue a citation for: (i) discharging fireworks without a permit under § 10–104 or § 10–110 of the Public Safety Article; (ii) possessing with intent to discharge or allowing the discharge of fireworks under § 10–104 or § 10–110 of the Public Safety Article; or (iii) maintaining a fire hazard under § 6–317 of the Public Safety Article. (2) A fire marshal may issue a citation if the fire marshal is satisfied with the defendant’s evidence of identity and reasonably believes that the defendant will comply with the citation. (e) (1) This section does not apply to a citation that is: (i) authorized for a violation of a parking ordinance or a regulation adopted by a State unit or political subdivision of the State under Title 26, Subtitle 3 of the Transportation Article; (ii) authorized by the Department of Natural Resources under § 1–205 of the Natural Resources Article; or (iii) authorized by Baltimore City under § 16–16A (special enforcement officers) of the Code of Public Local Laws of Baltimore City for violation of a code, ordinance, or public local law of Baltimore City concerning building, housing, health, fire, safety, zoning, or sanitation. (2) Except as otherwise expressly provided by law, the Chief Judge of the District Court shall prescribe a uniform, statewide form of a citation. (3) Except for the uniform motor vehicle citation form, the law enforcement agencies of the State, the United States Park Police, and the Office of the State Fire Marshal shall reimburse the District Court for printing the citation forms that law enforcement officers and the State Fire Marshal require.

Md. Code, Criminal Procedure § 4-102

A State’s Attorney may charge by information: (1) in a case involving a felony that does not involve a felony within the jurisdiction of the District Court, if the defendant is entitled to a preliminary hearing but does not request a hearing within 10 days after a court or court commissioner informs the defendant about the availability of a preliminary hearing; or (2) in any other case, if a court in a preliminary hearing finds that there is probable cause to hold the defendant.

Md. Code, Criminal Procedure § 4-103

(a) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, at the time of the defendant’s initial appearance, as required by Maryland Rule 4-213, a court or court commissioner shall advise the defendant of the defendant’s right to request a preliminary hearing. (b) (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the defendant may request a preliminary hearing at the defendant’s initial appearance or at any time within 10 days after the initial appearance. (2) If the defendant does not request a preliminary hearing within 10 days after the initial appearance, the right to a preliminary hearing is waived. (c) (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the right of a defendant to a preliminary hearing is absolute if: (i) the defendant is charged by criminal information; and (ii) the defendant requests a preliminary hearing in accordance with subsection (b) of this section. (2) If the defendant is charged by grand jury indictment, the right of a defendant to a preliminary hearing is not absolute but the court may allow the defendant to have a preliminary hearing. (3) In any other case, the right of a defendant to a preliminary hearing is not absolute, but on motion of the State’s Attorney or the defendant, and subject to the Maryland Rules, the court may allow the defendant to have a preliminary hearing.

Md. Code, Criminal Procedure § 4-104

If a statute makes a felony of a crime that is a misdemeanor at common law, a charging document: (1) may not merge the misdemeanor in the felony; but (2) may contain counts for the felony and for the misdemeanor.

Md. Code, Criminal Procedure § 4-105

(a) In speaking of any partners, joint tenants, heirs, tenants in common, or trustees, a charging document may name any one of them and speak of them as the named person and another or others, as the case may be. (b) In stating the ownership or possession of real or personal property owned or possessed by two or more persons, a charging document may name one of the persons and lay the ownership or possession in the named person and another or others, as the case may be.

Md. Code, Criminal Procedure § 4-106

(a) A charging document may describe an amount of money in dollars and cents without specifying the particular notes, denominations, coins, or certificates circulating as money that constitute the amount. (b) A description of an amount of money in dollars and cents under subsection (a) of this section is sustained by proof of any number of notes, denominations, coins, or certificates circulating as money without proof of the particular species of notes, denominations, coins, or certificates that constitute the amount.

Md. Code, Criminal Procedure § 4-107

(a) It is not necessary to set forth a copy of an ordinance or a section of an ordinance in a charging document for the violation of an ordinance of a municipal corporation, a county, or a special taxing area. (b) A charging document specified in subsection (a) of this section is sufficient if it: (1) cites the ordinance alleged to have been violated by date of passage or, if codified, by article and section number; (2) conforms to the law governing the framing of charging documents for a violation of an act of the General Assembly; and (3) concludes with the words “against the peace, government, and dignity of the State.”.

Md. Code, Criminal Procedure § 4-108

(a) In making an averment as to an instrument, whether the instrument consists wholly or partly of writing, print, or figures, a charging document may describe the instrument by its usual name or designation or by its purport, without setting out a copy of the instrument or part of the instrument. (b) (1) This subsection applies to a charging document for: (i) counterfeiting, issuing, disposing of, altering, stealing, embezzling, destroying, or passing any kind of instrument; or (ii) theft by the obtaining of property by false pretenses. (2) A charging document is sufficient if the charging document alleges that the defendant acted with the intent to defraud, without alleging the intent of the defendant to defraud any particular person.

Md. Code, Criminal Procedure § 4-109

(a) This section applies only to a warrant, summons, or other criminal process for a misdemeanor offense. (b) A law enforcement agency may make a written request for the State’s Attorney within the jurisdiction of the law enforcement agency to petition the administrative judge of the district to have a warrant, summons, or other criminal process in the possession of the law enforcement agency invalidated and destroyed due to the age of the unexecuted warrant, summons, or other criminal process and unavailability of the defendant, or other special circumstances, if: (1) the warrant, summons, or other criminal process was issued for the arrest of the defendant in order that the defendant might stand for trial and has remained unexecuted for at least 5 years; (2) the warrant, summons, or other criminal process was issued for the failure of the defendant to make a deferred payment of a fine or costs as ordered by the court and has remained unexecuted for at least 5 years; (3) the warrant, summons, or other criminal process was issued for a violation of probation and has remained unexecuted for at least 5 years; (4) except as provided in item (5) of this subsection, the warrant, summons, or other criminal process was issued for the arrest of the defendant for the failure of the defendant to appear as directed by the court and has remained unexecuted for at least 5 years; or (5) the defendant was released on bail posted by a private surety, and the warrant was issued for the arrest of the defendant for the failure of the defendant to appear as directed by the court and has remained unexecuted for at least 10 years. (c) (1) On receipt of a request made under subsection (b)(1), (b)(2), (b)(3), or (b)(4) of this section, the State’s Attorney: (i) if the warrant, summons, or other criminal process has remained unexecuted for more than 5 years but less than 7 years, may petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other process; and (ii) if the warrant, summons, or other criminal process has remained unexecuted for at least 7 years, shall petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other process. (2) On receipt of a request made under subsection (b)(5) of this section, the State’s Attorney shall petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other criminal process. (d) The State’s Attorney may argue against the invalidation and destruction of a warrant, summons, or other criminal process of which the State’s Attorney has petitioned the court for invalidation and destruction under subsection (c)(1)(ii) or (2) of this section due to a justifiable continuing active investigation of the case. (e) Unless preservation is determined by the court to be justifiable, the court shall order the invalidation and destruction of the unexecuted warrant, summons, or other criminal process in accordance with § 1–605 of the Courts and Judicial Proceedings Article. (f) An arrest may not be made under the authority of a warrant, summons, or other criminal process that has been ordered invalidated and destroyed. (g) The State’s Attorney may enter a nolle prosequi or place the case on the stet docket at the time of the court order under this section. (h) Nothing in this section may be construed to: (1) prevent the reissuance of a warrant, summons, or other criminal process; (2) affect the time within which a prosecution for a misdemeanor may be commenced; (3) nullify or remove a failure to appear designation that has been placed on an individual’s driving record by the Motor Vehicle Administration; or (4) affect any pending criminal charge.

Md. Code, Criminal Procedure § 4-201

(a) In the District Court, a prosecution for a crime shall be brought in the district that includes the county where the crime was committed, and the trial shall be held in that county unless the case is lawfully removed. (b) If a person is feloniously stricken or poisoned in a county and dies in another county of the same stroke or poison, a prosecution for the felony shall be brought in the county where the stroke or poison was given. (c) A prosecution may be brought in the county in which the defendant is arrested or first brought if the prosecution is for: (1) a crime committed on the waters of the Chesapeake Bay and not in a county; (2) aiding, abetting, or comforting the perpetrator of such a crime; or (3) being an accessory to such a crime. (d) If a person is feloniously stricken or poisoned on the waters of the Chesapeake Bay and not in a county, and dies of the same stroke or poison in a county, a prosecution for the felony, or for being an accessory to the felony, shall be brought in the county where the person died. (e) If a person is feloniously stricken or poisoned in a county, and dies of the same stroke or poison on the waters of the Chesapeake Bay and not in a county, a prosecution for the felony, or for being an accessory to the felony, shall be brought in the county where the stroke or poison was given. (f) (1) In this subsection, “common carrier” means a steamboat, railroad train, motor bus, airplane, or other means of intercity or interstate public transportation. (2) Subject to paragraph (3) of this subsection, a prosecution for an indictable crime committed on a common carrier may be brought, and a District Court commissioner may hold the defendant to bail if the crime is bailable, in any county from, to, or through which the common carrier runs. (3) If the accused is held to bail under this subsection by a District Court commissioner, prosecution for the crime shall be in the county where the defendant is held. (g) (1) A prosecution for a crime may be brought in the county in which process for the arrest and prosecution of the defendant is first issued if: (i) the crime was committed at the boundary between counties; or (ii) the boundary is so uncertain or the site of the crime is so near to the boundary that it is doubtful in which county the crime was committed. (2) To establish the venue alleged in the charging document, the State need only prove that a set of facts in paragraph (1)(i) or (ii) of this subsection is true. (h) Except as otherwise provided by law, a prosecution of a person for being an accessory after the fact to murder or other felony shall be brought in the county in which the person became an accessory. (i) Except as otherwise provided in this section, a prosecution of a person for a violation of § 2–201, § 2–204, or § 2–207 of the Criminal Law Article may be brought in the county in which the crime occurred or, if the location of the crime cannot be determined, in the county in which the body or parts of the body were found.

Md. Code, Criminal Procedure § 4-202

(a) (1) In this section the following words have the meanings indicated. (2) “Victim” has the meaning stated in § 11–104 of this article. (3) “Victim’s representative” has the meaning stated in § 11–104 of this article. (b) Except as provided in subsection (c) of this section, a court exercising criminal jurisdiction in a case involving a child may transfer the case to the juvenile court before trial or before a plea is entered under Maryland Rule 4–242 if: (1) the accused child was at least 14 but not 18 years of age when the alleged crime was committed; (2) the alleged crime is excluded from the jurisdiction of the juvenile court under § 3–8A–03(d)(1), (4), or (5) of the Courts Article; and (3) the court determines by a preponderance of the evidence that a transfer of its jurisdiction is in the interest of the child or society. (c) The court may not transfer a case to the juvenile court under subsection (b) of this section if: (1) the child was convicted in an unrelated case excluded from the jurisdiction of the juvenile court under § 3–8A–03(d)(1) or (4) of the Courts Article; or (2) the alleged crime is murder in the first degree and the accused child was 16 or 17 years of age when the alleged crime was committed. (d) In determining whether to transfer jurisdiction under subsection (b) of this section, the court shall consider: (1) the age of the child; (2) the mental and physical condition of the child; (3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children; (4) the nature of the alleged crime; and (5) the public safety. (e) In making a determination under this section, the court may order that a study be made concerning the child, the family of the child, the environment of the child, and other matters concerning the disposition of the case. (f) The court shall make a transfer determination within 10 days after the date of a transfer hearing. (g) If the court transfers its jurisdiction under this section, the court may order the child held for an adjudicatory hearing under the regular procedure of the juvenile court. (h) (1) Pending a determination under this section to transfer its jurisdiction, the court shall order the child to be held in a secure juvenile facility unless: (i) the child is released on bail, recognizance, or other conditions of pretrial release; (ii) there is not available capacity in a secure juvenile facility, as determined by the Department of Juvenile Services; or (iii) the court finds that detention in a secure juvenile facility would pose a risk of harm to the child or others. (2) If the court makes a finding under paragraph (1)(iii) of this subsection that detention in a secure juvenile facility would pose a risk of harm to the child or others, the court shall state the reasons for the finding on the record. (i) (1) The provisions of § 3–8A–27 of the Courts Article relating to confidentiality of records apply to all police records and court records concerning the child excluded from the jurisdiction of the juvenile court under § 3–8A–03(d)(1), (4), or (5) of the Courts Article from the time of the child’s arrest until: (i) the time for filing of a motion to transfer to juvenile court under the Maryland Rules has expired and no such motion has been filed; or (ii) a motion to transfer to juvenile court has been denied. (2) If a case is transferred to the juvenile court under this section: (i) the provisions of § 3–8A–27 of the Courts Article relating to confidentiality of records continue to apply to all police and court records concerning the child; and (ii) the criminal charge is subject to expungement under § 10–106 of this article. (j) (1) A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article. (2) (i) A victim or a victim’s representative may submit a victim impact statement to the court as provided in § 11–402 of this article. (ii) This paragraph does not preclude a victim or victim’s representative who has not filed a notification request form under § 11–104 of this article from submitting a victim impact statement to the court. (iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section. (k) (1) Regardless of whether the District Court has jurisdiction over the case, at a bail review or preliminary hearing before the District Court involving a child whose case is eligible for transfer under subsection (b) of this section, the District Court: (i) may order that a study be made under the provisions of subsection (e) of this section; and (ii) shall order that the child be held in a secure juvenile facility pending a transfer determination under this section unless: 1. the child is released on bail, recognizance, or other conditions of pretrial release; 2. there is not available capacity at a secure juvenile facility as determined by the Department of Juvenile Services; or 3. the District Court finds that detention in a secure juvenile facility would pose a risk of harm to the child or others. (2) If the District Court makes a finding under paragraph (1)(ii)3 of this subsection that detention in a secure juvenile facility would pose a risk of harm to the child or others, the District Court shall state the reasons for the finding on the record.

Md. Code, Criminal Procedure § 4-202.1

§4–202.1. (a) In this section, “child” means a defendant who is under the age of 18 years and whose case is eligible for transfer under the provisions of § 4-202(b)(1) and (2) and (c) of this subtitle. (b) If a child remains in custody for any reason after a bail review hearing: (1) in the case of a child charged with a felony that is not within the jurisdiction of the District Court, the District Court shall: (i) clearly indicate on the case file and in computer records that the case involves a detained child; and (ii) set a preliminary hearing to be held within 15 days after the bail review hearing; or (2) in the case of a child charged with a crime in the District Court, the District Court: (i) shall clearly indicate on the case file and in computer records that the case involves a detained child; (ii) shall set a transfer hearing under § 4-202 of this subtitle to be held within 30 days after the filing of the charging document; (iii) may order that a study be made under § 4-202 of this subtitle; and (iv) shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender. (c) On receipt of a District Court case file that indicates that the case involves a child who was detained after a bail review hearing under subsection (b) of this section, a circuit court: (1) unless previously set by the District Court under subsection (b)(2) of this section, shall set a transfer hearing under § 4-202 of this subtitle to be held within 30 days after the filing of the charging document in the circuit court; (2) unless previously ordered by the District Court under subsection (b)(2) of this section, may order that a study be made under § 4-202 of this subtitle; and (3) shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.

Md. Code, Criminal Procedure § 4-202.2

§4–202.2. (a) At sentencing, a court exercising criminal jurisdiction in a case involving a child shall determine whether to transfer jurisdiction to the juvenile court if: (1) as a result of trial or a plea entered under Maryland Rule 4–242, all charges that excluded jurisdiction from the juvenile court under § 3–8A–03(d)(1) or (4) of the Courts Article do not result in a finding of guilty; and (2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this subtitle; or (ii) the court did not transfer jurisdiction after a hearing under § 4–202(b) of this subtitle. (b) In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider: (1) the age of the child; (2) the mental and physical condition of the child; (3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children; (4) the nature of the child’s acts as proven in the trial or admitted to in a plea entered under Maryland Rule 4–242; and (5) public safety. (c) The court may not consider transferring jurisdiction to the juvenile court under this section if: (1) under the terms of a plea agreement entered under Maryland Rule 4–243, the child agrees that jurisdiction is not to be transferred; or (2) pretrial transfer was prohibited under § 4–202(c)(1) of this subtitle. (d) (1) A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article. (2) (i) A victim or victim’s representative may submit a victim impact statement to the court as provided in § 11–402 of this article. (ii) This paragraph does not preclude a victim or victim’s representative who has not filed a notification request form under § 11–104 of this article from submitting a victim impact statement to the court. (iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section. (e) (1) If the court transfers its jurisdiction to the juvenile court, the court shall conduct a disposition under the regular procedures of the juvenile court. (2) The record of the hearing and of the disposition shall be transferred to the juvenile court, subject to § 3–8A–27 of the Courts Article.

Md. Code, Criminal Procedure § 4-203

(a) (1) In this section the following words have the meanings indicated. (2) “Corporation” includes a joint-stock company and an association. (3) “Limited liability company” includes a limited liability partnership and a limited liability limited partnership. (b) If a charging document is filed against a corporation or limited liability company, the clerk of court may issue a summons to the corporation or limited liability company in its corporate or company name to appear at the court to answer the charging document. (c) A summons served under subsection (b) of this section may be served in the same manner as provided for service of process in a civil suit under the Maryland Rules. (d) (1) If a sheriff or other officer returns a summons served under this section as “summoned” or “served”: (i) the corporation or limited liability company to whom the summons was issued shall be considered as in court and as appearing to the charging document; and (ii) the court shall order the clerk to enter an appearance for the corporation or limited liability company and to endorse a plea of not guilty on the charging document. (2) After the clerk makes the entry and endorsement specified in paragraph (1)(ii) of this subsection, further proceedings may occur concerning the charging document in the same manner as if the corporation or limited liability company had appeared and pleaded not guilty. (e) (1) If a corporation or limited liability company is served a summons under this section and is convicted on the charging document, a court may: (i) pass a judgment concerning the charging document; and (ii) issue process of execution to the sheriff of the county against the property of the corporation or limited liability company for the amount of the fine and costs that may be awarded against the corporation or limited liability company in the same manner as on a judgment in a civil action. (2) A sheriff shall sell the property of the corporation or limited liability company on an execution under paragraph (1) of this subsection in the same manner as on an execution issued in a civil suit.

Md. Code, Criminal Procedure § 4-204

(a) In this section, the words “accessory before the fact” and “principal” have their judicially determined meanings. (b) Except for a sentencing proceeding under § 2–304 of the Criminal Law Article: (1) the distinction between an accessory before the fact and a principal is abrogated; and (2) an accessory before the fact may be charged, tried, convicted, and sentenced as a principal. (c) An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been: (1) charged with the crime; (2) acquitted of the crime; or (3) convicted of a lesser or different crime. (d) If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where: (1) an act of accessoryship was committed; or (2) a principal in the crime may be charged, tried and convicted, and sentenced.

Md. Code, Criminal Procedure § 4-205

(a) Before trial, a court exercising criminal jurisdiction in a case involving a child may order the child to undergo blood lead level testing. (b) A copy of the results of a test performed under subsection (a) of this section shall be provided to: (1) the child; (2) the child’s parent or guardian; (3) the child’s counsel; and (4) the State’s Attorney.

Md. Code, Criminal Procedure § 4-206

(a) (1) In this section the following words have the meanings indicated. (2) “Final disposition” means a dismissal, an entry of a nolle prosequi, the marking of a criminal charge “stet” on the docket, an entry of a not guilty verdict, the pronouncement of a sentence, or the imposition of probation under § 6–220 of this article. (3) “Financial institution” has the meaning stated in § 1–101 of the Financial Institutions Article. (4) “Freeze assets” means to prohibit a person from transferring the person’s money by placing the money under seal or removing the money to a place designated by a court. (b) A State’s Attorney may file a petition to freeze assets of a defendant charged with violating § 8–801 of the Criminal Law Article with the circuit court of the county in which the defendant was charged if: (1) the petition is filed within 60 days of the defendant being charged with a violation of § 8–801 of the Criminal Law Article; (2) the alleged value of lost or stolen property in the criminal charge giving rise to the petition is $10,000 or more; (3) the amount of money subject to the petition does not exceed the alleged value of lost or stolen property in the criminal charge giving rise to the petition; and (4) the State’s Attorney sends a notice of intent to file a petition to each financial institution in possession of money subject to the petition. (c) (1) A petition to freeze assets shall be served on the defendant in accordance with the Maryland Rules and include: (i) the name of the defendant; (ii) the case number of the charge giving rise to the petition; (iii) a description of the money that is subject to the petition; (iv) if known or reasonably subject to discovery, the name of each financial institution in possession of any of the money; and (v) an oath or affirmation that the contents of the petition are true to the best of the State’s Attorney’s knowledge, information, and belief. (2) A petition to freeze assets shall be mailed to each financial institution in possession of money subject to the petition. (d) A court may grant a petition to freeze assets and issue an order to freeze assets if the State’s Attorney proves by a preponderance of the evidence that: (1) the defendant has a legal, equitable, or possessory interest in the money listed in the petition; and (2) the money listed in the petition is not jointly held unless the State’s Attorney also proves by a preponderance of the evidence that: (i) the defendant transferred the defendant’s money to avoid being subject to an order to freeze assets; or (ii) the money listed in the petition was used in connection with a violation of § 8–801 of the Criminal Law Article. (e) (1) The order to freeze assets shall be served on each financial institution in possession of money subject to the order. (2) The order shall be served in accordance with the Maryland Rules and include: (i) the name of the account holder; (ii) the case number of the proceeding in which the court issued the order to freeze assets; and (iii) a description of the money that is subject to the order to freeze assets. (f) A financial institution is not obligated to restrict access to money described in a petition until: (1) an order to freeze assets has been served on the financial institution; and (2) the financial institution has had a reasonable opportunity to freeze the assets. (g) An order to freeze assets shall remain in effect until the earlier of: (1) a dismissal, an entry of a nolle prosequi, or an entry of a not guilty verdict for the criminal charge for the violation giving rise to the order; (2) the marking of the charge “stet” on the docket, the pronouncement of a sentence, or the imposition of probation under § 6–220 of this article for the criminal charge giving rise to the order, provided that the defendant has made full restitution if ordered by the court; or (3) 1 year after the final disposition of the criminal charge for the violation giving rise to the order. (h) On motion, the court may modify an order to freeze assets to allow the defendant to make restitution, to allow the victim to collect restitution, or for good cause. (i) This section does not prohibit a financial institution from exercising rights under applicable law, including the right to set off mutual debts under common law.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026