Maryland Private Criminal Complaint for Arrest Warrant and/or Summons

State:
Multi-State
Control #:
US-01580BG
Format:
Word; 
Rich Text
223 downloads

Description

The rights that a citizen seeks to enforce criminally are not private but are lodged in the state, although a citizen has a right to proceed in a civil action. [FN3] Once a private party alerts the court of alleged criminal activity through the filing of an application for issuance of a criminal complaint and the court responds to the application, the private party's rights have been satisfied.


A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court.

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FAQ

The clerk creates a summons and mails it to the defendant. The clerk will collect a fee for this service. A postal worker will bring the summons to the defendant's address and ask the defendant to sign for the mail.

If you believe that a crime has been committed against you or a minor in your custody, your first step should be reporting the crime to the local police department. Reporting the incident makes it a matter of record, even if the police are unable to investigate the crime.

West's Annotated Code of MarylandMaryland Rules A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff. Source: This Rule is new and replaces former Rule 112.

Law enforcement will either serve the summons on the accused person, or arrest him or her. Trial - You may be required to appear as a witness. If you don't appear on the date set by the court, the police can arrest you for failing to obey a court order.

If you are not served legally, you can request that the court dismiss the case for improper service. File your request as soon as possible before the trial date on the DC-002, Motion. If the judge grants your request and postpones the trial, the plaintiff will have to serve you with a new summons.

Your private process server must hand deliver the summons to the defendant. The process server may also leave the papers at the defendant's house with an adult who also lives there. Your private process server must then complete an affidavit of service. This is form CC-DR-055.

The sheriff will go to the address for the defendant that you have given the court and try to hand deliver the summons to the defendant. The sheriff may leave the summons at the defendant's house with an adult who also lives there.

If you don't appear on the date set by the court, the police can arrest you for failing to obey a court order.

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Maryland Private Criminal Complaint for Arrest Warrant and/or Summons