Understanding Maryland Statement of Charges

In Maryland, if you have a case in district court 9 times out of 10 the police has filed a Statement of Charges against you. In general, if you are arrested without a warrant, a Statement of Charges has to be filed in District Court. Md. Rule 4-211(b). The police have to, with the Statement of Charges, submit an affidavit containing facts showing probable cause that you committed the alleged crime. The affidavit has to include proof of every element of every offense alleged. A Commissioner, before the District Court stage, has the ability to deny probable cause for charges.

In Maryland, the court proceedings generally start with a Statement of Charges. The Statement of Charges in Maryland is a written statement that accuses someone of breaking the law. These charges are brought by a police officer (or citizen) to a District Court Commissioner. The Commissioner then reviews the statement for probable cause.Everyday citizens can swear out an affidavit, as mentioned above, to get you arrested. We see this most often in domestic situations where the officer “didn’t see enough” or, frankly, may not believe the witness. Do not assume that just because a civilian “swore the charges out” that you are in the clear. The Statement of Charges, if signed by the Commissioner, carry the same weight.The Commissioner needs only find probable cause, not beyond a reasonable doubt. Once the state attempts to take you to trial, they have to prove their case beyond a reasonable doubt. This is a much higher standard.

Your attorney can also file a motion to dismiss charges for lack of probable cause at the District Court level.We offer free consultations. Please feel free to call us at 301.513.7832.