Legal Question in Criminal Law in Maryland

If a victim who is the spouse of the accused has not requested any protection from the courts can the court commissioner issue a no contact order as a condition of pretrial release? The following conditions apply to the accused: released on recognizance, ordered pretrial supervision, substantial ties to community/area, all property is owned jointly, one car, no prior criminal/arrest history.


Asked on 7/27/09, 6:33 pm

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

No, but the judge could. You may be able to get the State's Attorney to file a motion with the judge. Otherwise, just file a protective order with the Commissioner.

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Answered on 8/01/09, 6:48 pm
William Welch William L. Welch, III Attorney

I disagree. Criminal Procedure Article 5-201(a) directs the commissioner to consider the safety of victims and to consider including as conditions of pre-trial release provisions regarding no contact with the victim.

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Answered on 8/01/09, 9:01 pm


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