Title 4. Pretrial Procedures — Subtitle 1. Charging Procedures and Documents
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 4-101 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–101LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
(i)
“Citation” means a written charging document that a police officer or fire marshal issues to a defendant, alleging the defendant has committed a crime.
(ii)
“Citation” does not include an indictment, information, or statement of charges.
(3)
“Fire marshal” means:
(i)
the State Fire Marshal;
(ii)
a deputy State fire marshal; or
(iii)
as designated under § 6–304 of the Public Safety Article:
(1)
an assistant State fire marshal; or
(2)
a special assistant State fire marshal.
(4)
“Police officer” has the meaning stated in § 2–101 of this article.
(b)
Within areas of the National Park System, a United States Park Police officer may exercise the authority of a police officer to issue a citation under this section.
(c)
(1)
(i)
Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer shall charge by citation for:
(1)
any misdemeanor or local ordinance violation that does not carry a penalty of imprisonment;
(2)
any other misdemeanor or local ordinance violation not involving serious injury or an immediate health risk for which the maximum penalty of imprisonment is 90 days or less, except:
(A)
failure to comply with a peace order under § 3–1508 of the Courts Article;
(B)
failure to comply with a protective order under § 4–509 of the Family Law Article;
(C)
violation of a condition of pretrial or posttrial release under § 5–213.1 of this article;
(D)
possession of an electronic control device after conviction of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article;
(E)
violation of an out–of–state domestic violence order under § 4–508.1 of the Family Law Article; or
(F)
abuse or neglect of an animal under § 10–604 of the Criminal Law Article; or
(3)
possession of cannabis under § 5–601 of the Criminal Law Article.
(ii)
Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer may charge by citation for:
(1)
sale of an alcoholic beverage to an underage drinker or intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages and Cannabis Article;
(2)
malicious destruction of property under § 6–301 of the Criminal Law Article, if the amount of damage to the property is less than $500;
(3)
misdemeanor theft under § 7–104(g)(2) of the Criminal Law Article;
(4)
possession of a controlled dangerous substance other than cannabis under § 5–601 of the Criminal Law Article;
(5)
possession with intent to distribute cannabis under § 5–602(b)(1) of the Criminal Law Article; or
(6)
growing or manufacturing cannabis or a cannabis product under § 5–603(b) of the Criminal Law Article.
(2)
A police officer may charge a defendant by citation only if:
(i)
the officer is satisfied with the defendant’s evidence of identity;
(ii)
the officer reasonably believes that the defendant will comply with the citation;
(iii)
the officer reasonably believes that the failure to charge on a statement of charges will not pose a threat to public safety;
(iv)
the defendant is not subject to arrest:
(1)
for an alleged misdemeanor involving serious injury or immediate health risk or an alleged felony arising out of the same incident; or
(2)
based on an outstanding arrest warrant; and
(v)
the defendant complies with all lawful orders by the officer.
(3)
A police officer who has grounds to make a warrantless arrest for an offense that may be charged by citation under this subsection may:
(i)
issue a citation in lieu of making the arrest; or
(ii)
make the arrest and subsequently issue a citation in lieu of continued custody.
(d)
(1)
Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a fire marshal may issue a citation for:
(i)
discharging fireworks without a permit under § 10–104 or § 10–110 of the Public Safety Article;
(ii)
possessing with intent to discharge or allowing the discharge of fireworks under § 10–104 or § 10–110 of the Public Safety Article; or
(iii)
maintaining a fire hazard under § 6–317 of the Public Safety Article.
(2)
A fire marshal may issue a citation if the fire marshal is satisfied with the defendant’s evidence of identity and reasonably believes that the defendant will comply with the citation.
(e)
(1)
This section does not apply to a citation that is:
(i)
authorized for a violation of a parking ordinance or a regulation adopted by a State unit or political subdivision of the State under Title 26, Subtitle 3 of the Transportation Article;
(ii)
authorized by the Department of Natural Resources under § 1–205 of the Natural Resources Article; or
(iii)
authorized by Baltimore City under § 16–16A (special enforcement officers) of the Code of Public Local Laws of Baltimore City for violation of a code, ordinance, or public local law of Baltimore City concerning building, housing, health, fire, safety, zoning, or sanitation.
(2)
Except as otherwise expressly provided by law, the Chief Judge of the District Court shall prescribe a uniform, statewide form of a citation.
(3)
Except for the uniform motor vehicle citation form, the law enforcement agencies of the State, the United States Park Police, and the Office of the State Fire Marshal shall reimburse the District Court for printing the citation forms that law enforcement officers and the State Fire Marshal require.
Md. Code Ann., Crim. Proc. § 4-102 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–102LinkCopy Citation
A State’s Attorney may charge by information:
(1)
in a case involving a felony that does not involve a felony within the jurisdiction of the District Court, if the defendant is entitled to a preliminary hearing but does not request a hearing within 10 days after a court or court commissioner informs the defendant about the availability of a preliminary hearing; or
(2)
in any other case, if a court in a preliminary hearing finds that there is probable cause to hold the defendant.
Md. Code Ann., Crim. Proc. § 4-103 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–103LinkCopy Citation
(a)
If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, at the time of the defendant’s initial appearance, as required by Maryland Rule 4-213, a court or court commissioner shall advise the defendant of the defendant’s right to request a preliminary hearing.
(b)
(1)
If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the defendant may request a preliminary hearing at the defendant’s initial appearance or at any time within 10 days after the initial appearance.
(2)
If the defendant does not request a preliminary hearing within 10 days after the initial appearance, the right to a preliminary hearing is waived.
(c)
(1)
If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the right of a defendant to a preliminary hearing is absolute if:
(i)
the defendant is charged by criminal information; and
(ii)
the defendant requests a preliminary hearing in accordance with subsection (b) of this section.
(2)
If the defendant is charged by grand jury indictment, the right of a defendant to a preliminary hearing is not absolute but the court may allow the defendant to have a preliminary hearing.
(3)
In any other case, the right of a defendant to a preliminary hearing is not absolute, but on motion of the State’s Attorney or the defendant, and subject to the Maryland Rules, the court may allow the defendant to have a preliminary hearing.
Md. Code Ann., Crim. Proc. § 4-104 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–104LinkCopy Citation
If a statute makes a felony of a crime that is a misdemeanor at common law, a charging document:
(1)
may not merge the misdemeanor in the felony; but
(2)
may contain counts for the felony and for the misdemeanor.
Md. Code Ann., Crim. Proc. § 4-105 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–105LinkCopy Citation
(a)
In speaking of any partners, joint tenants, heirs, tenants in common, or trustees, a charging document may name any one of them and speak of them as the named person and another or others, as the case may be.
(b)
In stating the ownership or possession of real or personal property owned or possessed by two or more persons, a charging document may name one of the persons and lay the ownership or possession in the named person and another or others, as the case may be.
Md. Code Ann., Crim. Proc. § 4-106 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–106LinkCopy Citation
(a)
A charging document may describe an amount of money in dollars and cents without specifying the particular notes, denominations, coins, or certificates circulating as money that constitute the amount.
(b)
A description of an amount of money in dollars and cents under subsection (a) of this section is sustained by proof of any number of notes, denominations, coins, or certificates circulating as money without proof of the particular species of notes, denominations, coins, or certificates that constitute the amount.
Md. Code Ann., Crim. Proc. § 4-107 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–107LinkCopy Citation
(a)
It is not necessary to set forth a copy of an ordinance or a section of an ordinance in a charging document for the violation of an ordinance of a municipal corporation, a county, or a special taxing area.
(b)
A charging document specified in subsection (a) of this section is sufficient if it:
(1)
cites the ordinance alleged to have been violated by date of passage or, if codified, by article and section number;
(2)
conforms to the law governing the framing of charging documents for a violation of an act of the General Assembly; and
(3)
concludes with the words “against the peace, government, and dignity of the State.”.
Md. Code Ann., Crim. Proc. § 4-108 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–108LinkCopy Citation
(a)
In making an averment as to an instrument, whether the instrument consists wholly or partly of writing, print, or figures, a charging document may describe the instrument by its usual name or designation or by its purport, without setting out a copy of the instrument or part of the instrument.
(b)
(1)
This subsection applies to a charging document for:
(i)
counterfeiting, issuing, disposing of, altering, stealing, embezzling, destroying, or passing any kind of instrument; or
(ii)
theft by the obtaining of property by false pretenses.
(2)
A charging document is sufficient if the charging document alleges that the defendant acted with the intent to defraud, without alleging the intent of the defendant to defraud any particular person.
Md. Code Ann., Crim. Proc. § 4-109 (2026)
Title 4. Pretrial Procedures
Subtitle 1. Charging Procedures and Documents
§ 4–109LinkCopy Citation
(a)
This section applies only to a warrant, summons, or other criminal process for a misdemeanor offense.
(b)
A law enforcement agency may make a written request for the State’s Attorney within the jurisdiction of the law enforcement agency to petition the administrative judge of the district to have a warrant, summons, or other criminal process in the possession of the law enforcement agency invalidated and destroyed due to the age of the unexecuted warrant, summons, or other criminal process and unavailability of the defendant, or other special circumstances, if:
(1)
the warrant, summons, or other criminal process was issued for the arrest of the defendant in order that the defendant might stand for trial and has remained unexecuted for at least 5 years;
(2)
the warrant, summons, or other criminal process was issued for the failure of the defendant to make a deferred payment of a fine or costs as ordered by the court and has remained unexecuted for at least 5 years;
(3)
the warrant, summons, or other criminal process was issued for a violation of probation and has remained unexecuted for at least 5 years;
(4)
except as provided in item (5) of this subsection, the warrant, summons, or other criminal process was issued for the arrest of the defendant for the failure of the defendant to appear as directed by the court and has remained unexecuted for at least 5 years; or
(5)
the defendant was released on bail posted by a private surety, and the warrant was issued for the arrest of the defendant for the failure of the defendant to appear as directed by the court and has remained unexecuted for at least 10 years.
(c)
(1)
On receipt of a request made under subsection (b)(1), (b)(2), (b)(3), or (b)(4) of this section, the State’s Attorney:
(i)
if the warrant, summons, or other criminal process has remained unexecuted for more than 5 years but less than 7 years, may petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other process; and
(ii)
if the warrant, summons, or other criminal process has remained unexecuted for at least 7 years, shall petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other process.
(2)
On receipt of a request made under subsection (b)(5) of this section, the State’s Attorney shall petition the Administrative Judge of the District for the invalidation and destruction of the unexecuted warrant, summons, or other criminal process.
(d)
The State’s Attorney may argue against the invalidation and destruction of a warrant, summons, or other criminal process of which the State’s Attorney has petitioned the court for invalidation and destruction under subsection (c)(1)(ii) or (2) of this section due to a justifiable continuing active investigation of the case.
(e)
Unless preservation is determined by the court to be justifiable, the court shall order the invalidation and destruction of the unexecuted warrant, summons, or other criminal process in accordance with § 1–605 of the Courts and Judicial Proceedings Article.
(f)
An arrest may not be made under the authority of a warrant, summons, or other criminal process that has been ordered invalidated and destroyed.
(g)
The State’s Attorney may enter a nolle prosequi or place the case on the stet docket at the time of the court order under this section.
(h)
Nothing in this section may be construed to:
(1)
prevent the reissuance of a warrant, summons, or other criminal process;
(2)
affect the time within which a prosecution for a misdemeanor may be commenced;
(3)
nullify or remove a failure to appear designation that has been placed on an individual’s driving record by the Motor Vehicle Administration; or
(4)
affect any pending criminal charge.