Maryland Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

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US-02611BG
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Description

Show-cause hearings occur when the alleged victim of a crime or the police files an Application for a Criminal Complaint with the court. After an application has been filed, the court will send the defendant a notice in the mail requesting him or her to appear before a clerk-magistrate in a criminal show-cause hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating "probable cause" that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed; 2) the complaint is issued, or 3) the complaint is continued.


If the complaining party fails to show probable cause, the complaint will be dismissed. This means that no charges will be filed against the defendant and neither the application nor the hearing outcome will appear on the defendants criminal record.


If probable cause is shown, the clerk-magistrate may decide that the complaint be issued. If the complaint is issued, the defendant will be arraigned in the district court. At arraignment the defendant will be formally charged with a crime and may be provided court-appointed counsel if he or she is financially eligible. Issuance of the complaint is not a determination of guilt or

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FAQ

CRIMINAL PROCEDURE - MARYLAND RULE 746 - SCHED- ULING CRIMINAL CASES FOR TRIAL - MARYLAND RULE 746 REQUIRES THAT CRIMINAL CHARGES BE DISMISSED WHEN STATE FAILS TO BRING CASE TO TRIAL WITHIN PRE- SCRIBED PERIOD AND FAILS TO ESTABLISH EXTRAORDI- NARY CAUSE JUSTIFYING POSTPONEMENT. STATE v. HICKS, 285 Md. 310, 403 A.

Rule 4-252 states that a motion to suppress an unlawful search, seizure, interception of wire or oral communication, or pretrial identification must be raised within 30 days after the earlier of the appearance of counsel, or the first appearance of the defendant.

Except as provided in Rules 10-209 (b), 10-213, and 10-705, upon the filing of a petition, the court shall issue a show cause order directing persons on whom it is served to show cause in writing on or before a specified date why the court should not take the action described in the order.

Maryland law requires that a criminal case be brought to trial within 180 days of the appearance of counsel or the appearance of the defendant before the circuit court, whichever occurs first. See § 6-103 of the Criminal Procedure Article (?C.P.?); Md. Rule 4-271(a).

?On motion of a party, the court may order a joint trial for two or more defendants charged in separate charging documents if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Maryland Rule 4-253(a).

In its present form, Rule 4-263 limits the State's discovery obligations to eleven categories of information. Rule 4-263(d). Unlike in civil cases, however, "no rule provides generally for the discovery of all relevant information and documents in the State's possession or control in criminal cases." Id.

Maryland Rule 746, commonly known as the Hicks rule, requires a criminal trial in a circuit court to commence within 180 days of the first appearance of the defendant or defense counsel in that court.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

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Maryland Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing