Legal Question in Criminal Law in Maryland
My fiancee has been incarcerated for 45 days. To date he has not been indicted. He was told that the defense attorney (the opposing side) has 30 days from the day of the arrest to indict him. Is this true? If so, what happens next? Are the charges dismissed? Thanks
Asked on 8/16/11, 10:37 pm
4 Answers from Attorneys
William Welch
William L. Welch, III Attorney
Check Maryland CaseSearch, because it may provide more information. The District Court should have set a felony dismissal date to prevent your fianc� from being held indefinitely. He should be indicted, a trial date should be set, or the state should dismiss. He should either hire counsel or apply for the Public Defender.
Answered on 8/17/11, 3:57 am
Jason Cleckner
Law Office of Jason Cleckner, LLC
The felony dismisssal date is sort of a control date to force the state to act. Did he waive his preliminary hearing?
Answered on 8/17/11, 5:54 am
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