Legal Question in Criminal Law in Maryland

How long can a person be legally held in custody ( in the state of MD) before a trail date is set?


Asked on 7/30/09, 4:10 pm

2 Answers from Attorneys

In Circuit Court, you must be tried within 180 days of being charged.

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Answered on 8/04/09, 11:49 pm
William Welch William L. Welch, III Attorney

However, a judge may find good cause to schedule a trial date beyond the 180 days in state court. In addition the "clock" does not start until the defendant's first appearance in Circuit Court. This clock does not count the prompt presentment to a commissioner within 24 hours of arrest or the time the case spends before preliminary hearing or trial in the District Court of Maryland, which is often at least 30 days, but can be significantly longer.

In federal court the Speedy Trial Act mandates 70 days, but there are a variety of factors that can delay the start of that clock or cause it to stop too. Speedy trial and the scheduling of dates are often fact dependent and specific.

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Answered on 8/05/09, 1:04 pm


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