Legal Question in Criminal Law in Maryland

What happens if you gave up your right to a preliminary hearing and you are pretty sure charges would have been dropped for lack of evidence like everyone else involved? Will they still be able to convict?

Asked on 2/26/11, 6:04 am

2 Answers from Attorneys

William Welch William L. Welch, III Attorney

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This involves two issues which are i) whether there is probable cause against you, and ii) whether there is proof beyond a reasonable doubt that you broke the law. Preliminary hearing would have required the state to show reason to believe that a crime was committed and that you committed it. For preliminary hearing it does not matter what anyone else did or did not do. The rules of evidence do not apply which means hearsay is admissible.

Conviction requires proof beyond a reasonable doubt that you broke the law. The rules of evidence do apply, and you may have a jury decide the facts.

In criminal cases the state has discretion to prosecute or not. It is legal for the state to drop charges for some people and concentrate on prosecuting just one. Perhaps the State's Attorney has concluded that is the best way to proceed.

Answered on 2/26/11, 8:31 am

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