Legal Question in Criminal Law in Maryland

my boyfriend is in jail in maryland being accused of rape second degree and assault second degree, this started two years ago or more, he was arrested the day of the accusation and willing gave over his clothes and he's never hid the fact he was accused and has been in prison several times since, and this last time he was arrested he was expedited to maryland and has now been there for at least two mths, he's had a preliminary in the district court, and another hearing that i dont remember what it is called, but in the hearing his public defender stated that there is no evidence...rape kit negative and her dna was fount on his shorts but his was not found on her (he says it was puke)..(she's a minor and she was drinking which led to puking and he says he simply helped her to the toilet and went and got her step sister for help) so also in the last court date, they dropped two of his charges...sexual abuse of a minor and contributing to a minor....after that, i seen on his case search that he had a court date for a felony dismissal date for next week, (what did that mean)....but now it says nothing about that...and now it said type preliminary first appearace, was scheduled for january, and now it says for that one, cancelled/vacated...what does that mean? and now in place of that one..same day and time its scheduled for a plea hearing....what is going on??


Asked on 12/08/12, 2:15 am

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

What's going on is that the case is making its way through the criminal court system in Maryland. After preliminary hearing in the District Court the state has 30 days in which to file Charges in the Circuit Court. That's why the term felony dismissal date appears in case search. If the state had decided not to file charges in the Circuit Court, then the District Court would not have had a 42 hold your boyfriend any longer. An initial appearance in Circuit Court is scheduled to make sure that a defendant knows he has the right to an attorney. You indicated that he has an attorney from the public defender, so there is no need to have an initial appearance in this case.

You might try contacting his attorney from the public defender for additional information about the case. Although his attorney might not be required to speak to you, when I was a public defender I Would speak to family and friends of my client, as long as my client was all right with doing so.

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Answered on 12/08/12, 4:49 am


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