# Criminal Procedure (GCP)

## Title 4. Pretrial Procedures

### Subtitle 2. Venue and Other Procedural Matters

#### Section 4-201

(a) In the District Court, a prosecution for a crime shall be brought in the district that includes the county where the crime was committed, and the trial shall be held in that county unless the case is lawfully removed.

(b) If a person is feloniously stricken or poisoned in a county and dies in another county of the same stroke or poison, a prosecution for the felony shall be brought in the county where the stroke or poison was given.

(c) A prosecution may be brought in the county in which the defendant is arrested or first brought if the prosecution is for:

  (1) a crime committed on the waters of the Chesapeake Bay and not in a county;

  (2) aiding, abetting, or comforting the perpetrator of such a crime; or

  (3) being an accessory to such a crime.

(d) If a person is feloniously stricken or poisoned on the waters of the Chesapeake Bay and not in a county, and dies of the same stroke or poison in a county, a prosecution for the felony, or for being an accessory to the felony, shall be brought in the county where the person died.

(e) If a person is feloniously stricken or poisoned in a county, and dies of the same stroke or poison on the waters of the Chesapeake Bay and not in a county, a prosecution for the felony, or for being an accessory to the felony, shall be brought in the county where the stroke or poison was given.

(f)

  (1) In this subsection, "common carrier" means a steamboat, railroad train, motor bus, airplane, or other means of intercity or interstate public transportation.

  (2) Subject to paragraph (3) of this subsection, a prosecution for an indictable crime committed on a common carrier may be brought, and a District Court commissioner may hold the defendant to bail if the crime is bailable, in any county from, to, or through which the common carrier runs.

  (3) If the accused is held to bail under this subsection by a District Court commissioner, prosecution for the crime shall be in the county where the defendant is held.

(g)

  (1) A prosecution for a crime may be brought in the county in which process for the arrest and prosecution of the defendant is first issued if:

    (i) the crime was committed at the boundary between counties; or

    (ii) the boundary is so uncertain or the site of the crime is so near to the boundary that it is doubtful in which county the crime was committed.

  (2) To establish the venue alleged in the charging document, the State need only prove that a set of facts in paragraph (1)(i) or (ii) of this subsection is true.

(h) Except as otherwise provided by law, a prosecution of a person for being an accessory after the fact to murder or other felony shall be brought in the county in which the person became an accessory.

(i) Except as otherwise provided in this section, a prosecution of a person for a violation of Sec. 2-201, Sec. 2-204, or Sec. 2-207 of the Criminal Law Article may be brought in the county in which the crime occurred or, if the location of the crime cannot be determined, in the county in which the body or parts of the body were found.

#### Section 4-202

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Victim" has the meaning stated in Sec. 11-104 of this article.

  (3) "Victim's representative" has the meaning stated in Sec. 11-104 of this article.

(b) Except as provided in subsection (c) of this section, a court exercising criminal jurisdiction in a case involving a child may transfer the case to the juvenile court before trial or before a plea is entered under Maryland Rule 4-242 if:

  (1) the accused child was at least 14 but not 18 years of age when the alleged crime was committed;

  (2) the alleged crime is excluded from the jurisdiction of the juvenile court under Sec. 3-8A-03(d)(1), (4), or (5) of the Courts Article; and

  (3) the court determines by a preponderance of the evidence that a transfer of its jurisdiction is in the interest of the child or society.

(c) The court may not transfer a case to the juvenile court under subsection (b) of this section if:

  (1) the child was convicted in an unrelated case excluded from the jurisdiction of the juvenile court under Sec. 3-8A-03(d)(1) or (4) of the Courts Article; or

  (2) the alleged crime is murder in the first degree and the accused child was 16 or 17 years of age when the alleged crime was committed.

(d) In determining whether to transfer jurisdiction under subsection (b) of this section, the court shall consider:

  (1) the age of the child;

  (2) the mental and physical condition of the child;

  (3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;

  (4) the nature of the alleged crime; and

  (5) the public safety.

(e) In making a determination under this section, the court may order that a study be made concerning the child, the family of the child, the environment of the child, and other matters concerning the disposition of the case.

(f) The court shall make a transfer determination within 10 days after the date of a transfer hearing.

(g) If the court transfers its jurisdiction under this section, the court may order the child held for an adjudicatory hearing under the regular procedure of the juvenile court.

(h)

  (1) Pending a determination under this section to transfer its jurisdiction, the court shall order the child to be held in a secure juvenile facility unless:

    (i) the child is released on bail, recognizance, or other conditions of pretrial release;

    (ii) there is not available capacity in a secure juvenile facility, as determined by the Department of Juvenile Services; or

    (iii) the court finds that detention in a secure juvenile facility would pose a risk of harm to the child or others.

  (2) If the court makes a finding under paragraph (1)(iii) of this subsection that detention in a secure juvenile facility would pose a risk of harm to the child or others, the court shall state the reasons for the finding on the record.

(i)

  (1) The provisions of Sec. 3-8A-27 of the Courts Article relating to confidentiality of records apply to all police records and court records concerning the child excluded from the jurisdiction of the juvenile court under Sec. 3-8A-03(d)(1), (4), or (5) of the Courts Article from the time of the child's arrest until:

    (i) the time for filing of a motion to transfer to juvenile court under the Maryland Rules has expired and no such motion has been filed; or

    (ii) a motion to transfer to juvenile court has been denied.

  (2) If a case is transferred to the juvenile court under this section:

    (i) the provisions of Sec. 3-8A-27 of the Courts Article relating to confidentiality of records continue to apply to all police and court records concerning the child; and

    (ii) the criminal charge is subject to expungement under Sec. 10-106 of this article.

(j)

  (1) A victim or victim's representative shall be given notice of the transfer hearing as provided under Sec. 11-104 of this article.

  (2)

    (i) A victim or a victim's representative may submit a victim impact statement to the court as provided in Sec. 11-402 of this article.

    (ii) This paragraph does not preclude a victim or victim's representative who has not filed a notification request form under Sec. 11-104 of this article from submitting a victim impact statement to the court.

    (iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.

(k)

  (1) Regardless of whether the District Court has jurisdiction over the case, at a bail review or preliminary hearing before the District Court involving a child whose case is eligible for transfer under subsection (b) of this section, the District Court:

    (i) may order that a study be made under the provisions of subsection (e) of this section; and

    (ii) shall order that the child be held in a secure juvenile facility pending a transfer determination under this section unless:

      (1) the child is released on bail, recognizance, or other conditions of pretrial release;

      (2) there is not available capacity at a secure juvenile facility as determined by the Department of Juvenile Services; or

      (3) the District Court finds that detention in a secure juvenile facility would pose a risk of harm to the child or others.

  (2) If the District Court makes a finding under paragraph (1)(ii)3 of this subsection that detention in a secure juvenile facility would pose a risk of harm to the child or others, the District Court shall state the reasons for the finding on the record.

#### Section 4-202.1

(a) In this section, "child" means a defendant who is under the age of 18 years and whose case is eligible for transfer under the provisions of Sec. 4-202(b)(1) and (2) and (c) of this subtitle.

(b) If a child remains in custody for any reason after a bail review hearing:

  (1) in the case of a child charged with a felony that is not within the jurisdiction of the District Court, the District Court shall:

    (i) clearly indicate on the case file and in computer records that the case involves a detained child; and

    (ii) set a preliminary hearing to be held within 15 days after the bail review hearing; or

  (2) in the case of a child charged with a crime in the District Court, the District Court:

    (i) shall clearly indicate on the case file and in computer records that the case involves a detained child;

    (ii) shall set a transfer hearing under Sec. 4-202 of this subtitle to be held within 30 days after the filing of the charging document;

    (iii) may order that a study be made under Sec. 4-202 of this subtitle; and

    (iv) shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.

(c) On receipt of a District Court case file that indicates that the case involves a child who was detained after a bail review hearing under subsection (b) of this section, a circuit court:

  (1) unless previously set by the District Court under subsection (b)(2) of this section, shall set a transfer hearing under Sec. 4-202 of this subtitle to be held within 30 days after the filing of the charging document in the circuit court;

  (2) unless previously ordered by the District Court under subsection (b)(2) of this section, may order that a study be made under Sec. 4-202 of this subtitle; and

  (3) shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.

#### Section 4-202.2

(a) At sentencing, a court exercising criminal jurisdiction in a case involving a child shall determine whether to transfer jurisdiction to the juvenile court if:

  (1) as a result of trial or a plea entered under Maryland Rule 4-242, all charges that excluded jurisdiction from the juvenile court under Sec. 3-8A-03(d)(1) or (4) of the Courts Article do not result in a finding of guilty; and

  (2)

    (i) pretrial transfer was prohibited under Sec. 4-202(c)(2) of this subtitle; or

    (ii) the court did not transfer jurisdiction after a hearing under Sec. 4-202(b) of this subtitle.

(b) In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider:

  (1) the age of the child;

  (2) the mental and physical condition of the child;

  (3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;

  (4) the nature of the child's acts as proven in the trial or admitted to in a plea entered under Maryland Rule 4-242; and

  (5) public safety.

(c) The court may not consider transferring jurisdiction to the juvenile court under this section if:

  (1) under the terms of a plea agreement entered under Maryland Rule 4-243, the child agrees that jurisdiction is not to be transferred; or

  (2) pretrial transfer was prohibited under Sec. 4-202(c)(1) of this subtitle.

(d)

  (1) A victim or victim's representative shall be given notice of the transfer hearing as provided under Sec. 11-104 of this article.

  (2)

    (i) A victim or victim's representative may submit a victim impact statement to the court as provided in Sec. 11-402 of this article.

    (ii) This paragraph does not preclude a victim or victim's representative who has not filed a notification request form under Sec. 11-104 of this article from submitting a victim impact statement to the court.

    (iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.

(e)

  (1) If the court transfers its jurisdiction to the juvenile court, the court shall conduct a disposition under the regular procedures of the juvenile court.

  (2) The record of the hearing and of the disposition shall be transferred to the juvenile court, subject to Sec. 3-8A-27 of the Courts Article.

#### Section 4-203

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Corporation" includes a joint-stock company and an association.

  (3) "Limited liability company" includes a limited liability partnership and a limited liability limited partnership.

(b) If a charging document is filed against a corporation or limited liability company, the clerk of court may issue a summons to the corporation or limited liability company in its corporate or company name to appear at the court to answer the charging document.

(c) A summons served under subsection (b) of this section may be served in the same manner as provided for service of process in a civil suit under the Maryland Rules.

(d)

  (1) If a sheriff or other officer returns a summons served under this section as "summoned" or "served":

    (i) the corporation or limited liability company to whom the summons was issued shall be considered as in court and as appearing to the charging document; and

    (ii) the court shall order the clerk to enter an appearance for the corporation or limited liability company and to endorse a plea of not guilty on the charging document.

  (2) After the clerk makes the entry and endorsement specified in paragraph (1)(ii) of this subsection, further proceedings may occur concerning the charging document in the same manner as if the corporation or limited liability company had appeared and pleaded not guilty.

(e)

  (1) If a corporation or limited liability company is served a summons under this section and is convicted on the charging document, a court may:

    (i) pass a judgment concerning the charging document; and

    (ii) issue process of execution to the sheriff of the county against the property of the corporation or limited liability company for the amount of the fine and costs that may be awarded against the corporation or limited liability company in the same manner as on a judgment in a civil action.

  (2) A sheriff shall sell the property of the corporation or limited liability company on an execution under paragraph (1) of this subsection in the same manner as on an execution issued in a civil suit.

#### Section 4-204

(a) In this section, the words "accessory before the fact" and "principal" have their judicially determined meanings.

(b) Except for a sentencing proceeding under Sec. 2-304 of the Criminal Law Article:

  (1) the distinction between an accessory before the fact and a principal is abrogated; and

  (2) an accessory before the fact may be charged, tried, convicted, and sentenced as a principal.

(c) An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been:

  (1) charged with the crime;

  (2) acquitted of the crime; or

  (3) convicted of a lesser or different crime.

(d) If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where:

  (1) an act of accessoryship was committed; or

  (2) a principal in the crime may be charged, tried and convicted, and sentenced.

#### Section 4-205

(a) Before trial, a court exercising criminal jurisdiction in a case involving a child may order the child to undergo blood lead level testing.

(b) A copy of the results of a test performed under subsection (a) of this section shall be provided to:

  (1) the child;

  (2) the child's parent or guardian;

  (3) the child's counsel; and

  (4) the State's Attorney.

#### Section 4-206

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Final disposition" means a dismissal, an entry of a nolle prosequi, the marking of a criminal charge "stet" on the docket, an entry of a not guilty verdict, the pronouncement of a sentence, or the imposition of probation under Sec. 6-220 of this article.

  (3) "Financial institution" has the meaning stated in Sec. 1-101 of the Financial Institutions Article.

  (4) "Freeze assets" means to prohibit a person from transferring the person's money by placing the money under seal or removing the money to a place designated by a court.

(b) A State's Attorney may file a petition to freeze assets of a defendant charged with violating Sec. 8-801 of the Criminal Law Article with the circuit court of the county in which the defendant was charged if:

  (1) the petition is filed within 60 days of the defendant being charged with a violation of Sec. 8-801 of the Criminal Law Article;

  (2) the alleged value of lost or stolen property in the criminal charge giving rise to the petition is $10,000 or more;

  (3) the amount of money subject to the petition does not exceed the alleged value of lost or stolen property in the criminal charge giving rise to the petition; and

  (4) the State's Attorney sends a notice of intent to file a petition to each financial institution in possession of money subject to the petition.

(c)

  (1) A petition to freeze assets shall be served on the defendant in accordance with the Maryland Rules and include:

    (i) the name of the defendant;

    (ii) the case number of the charge giving rise to the petition;

    (iii) a description of the money that is subject to the petition;

    (iv) if known or reasonably subject to discovery, the name of each financial institution in possession of any of the money; and

    (v) an oath or affirmation that the contents of the petition are true to the best of the State's Attorney's knowledge, information, and belief.

  (2) A petition to freeze assets shall be mailed to each financial institution in possession of money subject to the petition.

(d) A court may grant a petition to freeze assets and issue an order to freeze assets if the State's Attorney proves by a preponderance of the evidence that:

  (1) the defendant has a legal, equitable, or possessory interest in the money listed in the petition; and

  (2) the money listed in the petition is not jointly held unless the State's Attorney also proves by a preponderance of the evidence that:

    (i) the defendant transferred the defendant's money to avoid being subject to an order to freeze assets; or

    (ii) the money listed in the petition was used in connection with a violation of Sec. 8-801 of the Criminal Law Article.

(e)

  (1) The order to freeze assets shall be served on each financial institution in possession of money subject to the order.

  (2) The order shall be served in accordance with the Maryland Rules and include:

    (i) the name of the account holder;

    (ii) the case number of the proceeding in which the court issued the order to freeze assets; and

    (iii) a description of the money that is subject to the order to freeze assets.

(f) A financial institution is not obligated to restrict access to money described in a petition until:

  (1) an order to freeze assets has been served on the financial institution; and

  (2) the financial institution has had a reasonable opportunity to freeze the assets.

(g) An order to freeze assets shall remain in effect until the earlier of:

  (1) a dismissal, an entry of a nolle prosequi, or an entry of a not guilty verdict for the criminal charge for the violation giving rise to the order;

  (2) the marking of the charge "stet" on the docket, the pronouncement of a sentence, or the imposition of probation under Sec. 6-220 of this article for the criminal charge giving rise to the order, provided that the defendant has made full restitution if ordered by the court; or

  (3) 1 year after the final disposition of the criminal charge for the violation giving rise to the order.

(h) On motion, the court may modify an order to freeze assets to allow the defendant to make restitution, to allow the victim to collect restitution, or for good cause.

(i) This section does not prohibit a financial institution from exercising rights under applicable law, including the right to set off mutual debts under common law.

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