Legal Question in Criminal Law in Maryland

Failing to report witnesses to State's Attorney

The Maryland State's Attorney's office requires a form to be filled out after pressing charges. This form includes information on all witnesses to the alleged incident. An individual has recently pressed assult charges agaisnst my wife. We have yet to meet with our attorney to review any evidence, but I have the suspicion that she has failed to report me as a witness because she knows I will refute everything in her sworn statement. Is she legally required to list me as a witness, and if she failed to do so is there anything I can do about it. We are currently in the preliminary hearing phase of the investigation. We feel these charges are just an attempt to retaliate for having a peace order served on her, as they were filed immediately after the final hearing. We just want this to stop so we can get our lives back to normal.


Asked on 2/11/09, 1:58 am

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Failing to report witnesses to State's Attorney

There is no requirement that you are listed as a witness, and the State has no obligation to call you as a witness. You should be a defense witness, if necessary. You should get an experienced criminal defense attorney to defend this case. It seems you may have a good argument that this "victim" is biased and you may win a motion for judgment of acquittal. Then your testimony would be unnecessary.

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Answered on 2/11/09, 11:21 am


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