Legal Question in Criminal Law in Maryland

accused of 21 charges in district court in md,after 5 months da nolle prosequi then says he will refile later in circuit court.am confused thought the state usually fowarded straight to circuit.why would they do that?


Asked on 2/07/15, 8:34 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

The state may charge by indictment or information. Indictment involves at least 12 out of 23 grand jurors finding probable cause. If so, then the charges in the district court would be dismissed without a preliminary hearing. If the state proceeds by information, then the defendant has a right to have a district court judge make a finding whether the state has probable cause. Sometimes the state does not want to give the defendant a chance to cross-examine one of its witnesses.

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Answered on 2/08/15, 11:06 am


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