Legal Question in Criminal Law in Maryland
If charged for theft of $1500 by check via a civil oral contract in Maryland; however, by misunderstanding, a police report generated a criminal summons is it even valid due to the fact that the charging document stated all events occurred in one county when none of the events occurred in that county? Not only is the complainant remorseful for having made a report based on bogus information and stated same in a letter to the state�s attorney but the complainant is unnerved by the fact the state wishes to pursue the case nevertheless even with the $1500 cash offered as a refund in the district courthouse in front of same prosecutor. The complainant feels ripped off now by the state even though the complainant is culpable in the entire matter having used the legal system as a collection agency. This is such a stupid matter but reflects on the system. Your thoughts? Thank you.
2 Answers from Attorneys
Once a criminal complaint is made, only the State can drop the charges. Even worse, the defendant can go to jail. Get a lawyer.
Although you may be able to get the case dismissed for lack of jurisdiction, the state could recharge in the correct jurisdiction. However, if the State's Attorney's Office or the court is more favorable in one county than it is in the other, then you may want to move for a change of venue.
The letter to the State's Attorney is evidence against the defendant. However, the state will have to authenticate it in order to enter it in evidence in court.
Although prosecutors are supposed to seek justice, some are more interested in getting as many convictions as possible, in order to advance their personal careers. Some aspire to go into politics, and they want to be able to say that they are "tough on crime," because it is a campaign postition with no down side for them.
There may still be ways to try and achieve a more favorable result in this situation. I offer a free initial consultation.
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