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Maryland Criminal Lawyer  Criminal Law in Maryland

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KEITH BLAIR BARTNIK, P.A.

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Indictment and Information and Presentments Criminal Law in Maryland

A criminal offense can only be tried on a charging document.

In the District Court a "charging document" includes (1) an information,  (2) a statement of charges filed or (3) a citation in the case of a petty offense. A person charged with the commission of a misdemeanor may be prosecuted upon an information. 

In the Circuit Court, an offense may be tried on an (1) indictment, or, (2) on an information, or (3) on a charging document filed in the District Court, for an offense and the defendant demands a jury trial or appeals from the judgment of the District Court.  

An indictment is a formal written accusation made by the public prosecutor and submitted to the grand jury for it to determine from evidence whether the accusation, if proved, would be sufficient to bring about the conviction of the accused. The primary purpose of an indictment is to fulfill the requirement, contained in Article 21 of the Maryland Declaration of Rights, to inform each person charged with a crime of the accusation against him or her, and to protect the accused from double jeopardy after a conviction or acquittal on that crime. This constitutional right to a charging document, that sufficiently advises an accused of the alleged misconduct and sets forth the essential elements of the offense, is satisfied by the use of the statutory short form indictment for theft prescribed by the Maryland Code for theft offenses. 

Presentments are accusations of a crime, made by the grand jury from its own knowledge or from evidence furnished to it by witnesses or by one or more of its members, in which the grand jury charges that a specific person has been guilty of specific acts which constitute a violation of the criminal law. From this presentment the prosecuting attorney prepares an indictment which he or she presents to the grand jury for its endorsement.

 

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Anne Arundel County: 7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061 (410) 760-7339

Baltimore City Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202 (410) 685-7339

Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136 (410) 363-7339

Howard County Office Meeting Location: 10480 Little Patuxent Parkway, Ste 400, Columbia, Maryland 21044 (410) 740-7339

Prince George County: 6301 Ivy Lane Suite 700, Greenbelt, Maryland 20770 (301) 474-7339

Montgomery County: 6701 Democracy Blvd.
Suite 300
Bethesda, Maryland 20817

Montgomery County: 3 Bethesda Metro Center
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Bethesda, Maryland 20814

 
 

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This site was last updated 01/15/08