# Courts and Judicial Proceedings (GCJ)

## Title 4. District Court -- Jurisdiction

### Subtitle 3. Criminal Jurisdiction

#### Section 4-301

(a) Except as provided in Sec.Sec. 3-803 and 3-8A-03 of this article and 4-302 of this subtitle, the District Court has exclusive original jurisdiction in a criminal case in which a person at least 16 years old or a corporation is charged with violation of the vehicle laws, or the State Boat Act, or regulations adopted pursuant to the vehicle laws or State Boat Act.

(b) Except as provided in Sec. 4-302 of this subtitle, the District Court also has exclusive original jurisdiction in a criminal case in which a person at least 18 years old or a corporation is charged with:

  (1) Commission of a common-law or statutory misdemeanor regardless of the amount of money or value of the property involved;

  (2) Violation of Sec. 7-104, Sec. 7-105, Sec. 7-107, or Sec. 7-108 of the Criminal Law Article, whether a felony or a misdemeanor;

  (3) Violation of a county, municipal, or other ordinance, if the violation is not a felony;

  (4) Criminal violation of a State, county, or municipal rule or regulation, if the violation is not a felony;

  (5) Doing or omitting to do any act made punishable by a fine, imprisonment, or other penalty as provided by the particular law, ordinance, rule, or regulation defining the violation if the violation is not a felony;

  (6) Violation of Sec. 8-103 of the Criminal Law Article, whether a felony or a misdemeanor;

  (7) Violation of Sec. 8-203, Sec. 8-204, Sec. 8-205, Sec. 8-206, Sec. 8-207, Sec. 8-208, or Sec. 8-209 of the Criminal Law Article, whether a felony or misdemeanor;

  (8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, whether a felony or misdemeanor;

  (9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a felony or a misdemeanor;

  (10) Violation of Sec. 9-1106 of the Labor and Employment Article;

  (11) Violation of Sec. 8-301 of the Criminal Law Article, whether a felony or misdemeanor;

  (12) Violation of Sec. 2-209 of the Criminal Law Article;

  (13) Violation of Title 2, Subtitle 5 of the Criminal Law Article;

  (14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article;

  (15) Violation of Sec. 10-604, Sec. 10-605, Sec. 10-606, Sec. 10-607, Sec. 10-607.1, or Sec. 10-608 of the Criminal Law Article, whether a felony or misdemeanor;

  (16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, whether a felony or misdemeanor;

  (17) Violation of Sec. 20-102 of the Transportation Article, whether a felony or misdemeanor;

  (18) Violation of Sec. 8-801 of the Criminal Law Article;

  (19) Violation of Sec. 8-604 of the Criminal Law Article;

  (20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article;

  (21) Violation of Sec. 16-801, Sec. 16-802, Sec. 16-803, or Sec. 16-804 of the Election Law Article;

  (22) Violation of Sec. 3-203(c) of the Criminal Law Article;

  (23) Violation of Sec. 11-208 of the Criminal Law Article as a second or subsequent offense;

  (24) Violation of Sec. 11-721 of the Criminal Procedure Article as a second or subsequent offense; or

  (25) Violation of Sec. 3-1102(b) or Sec. 3-1103 of the Criminal Law Article.

#### Section 4-302

(a) Except as provided in Sec. 4-301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this subtitle, the District Court does not have jurisdiction to try a criminal case charging the commission of a felony.

(b) Except as provided in Sec. 4-303 of this subtitle, the District Court does not have criminal jurisdiction to try a case in which a juvenile court has exclusive original jurisdiction.

(c) The jurisdiction of the District Court is concurrent with that of the juvenile court in any criminal case arising under the compulsory public school attendance laws of this State.

(d)

  (1) Except as provided in paragraph (2) of this subsection, the jurisdiction of the District Court is concurrent with that of the circuit court in a criminal case:

    (i) In which the penalty may be confinement for 3 years or more or a fine of $2,500 or more; or

    (ii) That is a felony, as provided in Sec. 4-301(b)(2), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25) of this subtitle.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, a circuit court does not have jurisdiction to try a case charging a violation of Sec. 5-601 or Sec. 5-620 of the Criminal Law Article.

    (ii) A circuit court does have jurisdiction to try a case charging a violation of Sec. 5-601 or Sec. 5-620 of the Criminal Law Article if the defendant:

      (1) Properly demands a jury trial;

      (2) Appeals as provided by law from a final judgment entered in the District Court; or

      (3) Is charged with another offense arising out of the same circumstances that is within a circuit court's jurisdiction.

(e)

  (1) The District Court is deprived of jurisdiction if a defendant is entitled to and demands a jury trial at any time prior to trial in the District Court.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, unless the penalty for the offense with which the defendant is charged permits imprisonment for a period in excess of 90 days, a defendant is not entitled to a jury trial in a criminal case.

    (ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, the presiding judge of the District Court may deny a defendant a jury trial if:

      (1) The prosecutor recommends in open court that the judge not impose a penalty of imprisonment for a period in excess of 90 days, regardless of the permissible statutory or common law maximum;

      (2) The judge agrees not to impose a penalty of imprisonment for a period in excess of 90 days; and

      (3) The judge agrees not to increase the defendant's bond if an appeal is noted.

    (iii) The State may not demand a jury trial.

(f)

  (1) Except as provided in Title 4, Subtitle 5 of the Family Law Article, the District Court does not have jurisdiction of an offense otherwise within the District Court's jurisdiction if a person is charged:

    (i) With another offense arising out of the same circumstances but not within the District Court's jurisdiction; or

    (ii) In the circuit court with an offense arising out of the same circumstances and within the concurrent jurisdictions of the District Court and the circuit court described under subsection (d) of this section.

  (2) In the cases described under paragraph (1) of this subsection, the circuit court for the county has exclusive original jurisdiction over all the offenses.

#### Section 4-303

The District Court has jurisdiction over a person who is brought before a court sitting as a juvenile court if:

(1) The juvenile court waives jurisdiction or the person elects to be tried according to the regular criminal procedure; and

(2) The offense charged is within the jurisdiction conferred by Sec. 4-301 of this subtitle.

#### Section 4-304

The District Court has jurisdiction to conduct a preliminary hearing in a felony case to determine if the defendant should be held for action of the grand jury or if charged by information, for trial in the appropriate court.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)