Maryland Rules of Procedures, Title 4. Criminal Causes; Maryland Code, Criminal Proceedings
People's Law Library of Maryland Criminal Law Information
A Maryland criminal case starts with an accusation of a defendant breaking the law. The State of Maryland is the party that prosecutes criminal charges in court. A defendant who is found guilty will be punished by the State Court, often with fines or incarceration. Traffic cases are considered criminal cases.
Cases involving criminal and incarcerable traffic offenses begin by any of the following 4 ways:
Online Maryland laws available from the Maryland State Law Library.
The State’s Attorney’s Office reviews felony and serious misdemeanor cases to determine whether they should be handled in the Circuit Court or kept in the District Court. In Circuit Court cases, the State’s Attorney’s Office presents them to the Grand Jury for Indictment or files an Information – the first paper filed in criminal prosecution stating the crime for which the defendant is accused – to start the criminal proceeding. These cases are generally called cases “originating” in the Circuit Court and are subject to the statutory 180-day speedy trial constraints. Typical Circuit Court criminal cases include most felony charges except for some that may be heard in the District Court.
Other criminal cases handled by the Circuit Court are those that are handled in the District Court but transferred to the Circuit Court. This occurs when a defendant demands a jury trial or when a defendant appeals a sentence received in a District Court proceeding, including sentences imposed for violation of probation.
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Criminal-related forms may be found under the Forms page.
Download the Law Library quick reference guide on criminal cases (PDF)
Not understanding all this terminology? Visit the glossary.
Clerk’s Office employees may not give legal advice nor tell you what to say in your pleadings.
The State’s Attorney’s Office initiates all criminal cases either through Grand Jury Indictment or filing of an Information. A Summons is then issued to the defendant as notification that he/she has been charged and needs to appear in court on a specified date. A warrant may also be issued to hold the defendant in custody.
At the defendant’s first appearance in court, called a Scheduling Hearing, the judge informs the defendant of the right to have counsel and the importance of the assistance of counsel as well as the nature of the charges against him/her.
The judge will also set dates for the remainder of the case based on the case track. While court proceedings are pre-scheduled according to the Criminal Differentiated Case Management (DCM) Plan (PDF) when the case is filed, the schedule can be modified by motion or agreement of parties. The following are some of the critical steps:
The Criminal Department does NOT offer fingerprinting services for background checks.
If you need a background check for employment purposes, adoptions, or another reason, contact the Maryland Department of Public Safety and Correctional Services, phone: 410-764-4501, 888-795-0011 (toll-free), Monday-Friday, 8:00 am-5:00 pm.
DCM is characterized by the early differentiation of cases entering the justice system in terms of the nature and extent of judicial/justice system resources they will require. Each case is assigned to the appropriate case track that allows for the performance of pretrial tasks and allocates the appropriate level of judicial and other system resources, minimizing processing delays. Established mechanisms avoid multiple court appearances and assure the timely provision of resources for the expeditious processing and resolution of cases on each track.
There are 4 tracks in criminal cases. Tracks are numeric categories assigned to each case that drive how dates are scheduled and time standards are met.
For more information, visit the What are DCM Tracks? page.