Legal Question in Criminal Law in Maryland

My friend was indicted out of district court on several charges 1 and 2 murder, con 1 and 2 murder, 1 and 2 assult, handgun on person, fireing fire arm in city limits, convicted felon. Now that the case is in circuit he only has 1 murder and handgun wear and carry and conv felon charges.. what happened to the other charges? there was never a preliminary hearing. All taking place in maryland!


Asked on 9/28/09, 9:02 pm

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

A felony case proceeds to circuit court after either a judge or a grand jury finds probable cause. A district court judge's finding would occur at a preliminary hearing, while grand jury proceedings are secret. The district court charges are filed on the heels of a crime or an arrest, while the prosecutor has more time to think and prepare before asking the grand jury to indict. When this prosecutor had time to think about the case, he or she decided not to request indictment on the additional charges. However, that does not prevent him or her from seeking a superceding indictment at a later time, but not after jeopardy attaches.

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Answered on 10/04/09, 10:07 am


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