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Commissioners
(District Court)
For many people, commissioners are the first point of contact with the District
Court of Maryland. Commissioners are judicial officers, appointed by the Chief
Judge of the District Court of Maryland. There are more than 240 District Court
commissioners around the state, available 24 hours a day, 365 days a year.
Commissioners have two primary responsibilities:
• Reviewing Applications for Statement of Charges to determine whether
probable cause exists to issue charging documents; and
• Conducting initial appearance hearings on arrested individuals to decide
the conditions of pre-trial release.
Reviewing
Applications
If you believe that someone has committed a crime against you or a minor in
your custody, you may visit a District Court commissioner and complete an “Application
for Statement of Charges.” You will be required to provide a description
of the person who committed the offense and a statement explaining what happened.
The commissioner reviews the application to determine whether a crime has been
committed and if there is reason to believe that the person you have accused
committed the crime. If the commissioner determines that there is probable
cause, a charging document is issued.
The
commissioner will then determine whether to issue
a summons for the person to appear in court or
a warrant for the person’s arrest. If a summons
is issued, the accused person will receive a copy
of the charging document, which states what laws
the person is charged with breaking and the penalties
for each violation. A court date will be scheduled
later.
If
a warrant is issued, the document will be given
to a law enforcement agency, which is responsible
for finding and arresting the accused person. For
individuals experiencing abuse, commissioners have
the authority to issue an Interim Peace or Protective
Order only when the courts are closed.
Determining
Pre-Trial Release
Upon arrest, the commissioner conducts an Initial Appearance hearing. At this
hearing, the defendant is advised of the nature of the charges against them,
the penalties should they be convicted, and their right to counsel. Commissioners
determine whether the defendant should be released before trial or be required
to post bail to secure their release.
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Clerks
Clerks support the work of the courts and are responsible for a wide variety
of activities, including scheduling cases, maintaining case files, distributing
forms, and responding to requests for information. If you have ever been involved
with a case in the District Court, you’ve likely spent some time talking
with a court clerk. For example, a court clerk can tell you when and where
a particular trial is scheduled, provide the forms that you request, inform
you of the fees required for various court actions, accept case filings and
answer questions about the procedures of the court.
Clerks and legal advice
You may find that
you have several options when filing your
case. A clerk is not permitted to advise
you on which option you should select. Maryland
law prohibits anyone who is not licensed
to practice law, including court clerks,
from giving legal advice. This prohibition
ensures that you are protected and that the
judicial process is fair to both sides in
a dispute. Should you need assistance in
choosing how to proceed or in completing
forms, you may wish to consider seeking the
services of an attorney.
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Judges
Judges must be members of the Maryland Bar; be at least 30 years old and reside
in the county in which they sit. Most importantly, each must meet high
standards of professionalism and personal integrity. Judges are selected
by the Governor and confirmed by the state Senate.
In District Court a judge hears your case and renders a decision. In many instances,
the judge is the only person who has the authority to grant certain requests
or motions in a case.
To ensure that both sides are treated fairly, the parties to a dispute are
generally not permitted to meet with the judge privately to discuss a case.
Any correspondence with the judge must be in writing.
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Offices of the Maryland
State’s Attorneys
Link to Maryland State's Attorneys
Overview
The State's Attorney presents the state's case in traffic and criminal trials
in District Court.
In
the area of criminal law, the responsibility of
prosecuting all criminal cases generally rests
with the State’s Attorney for the jurisdiction
in which the offense occurred. In Maryland, each
political jurisdiction (the counties and Baltimore
City) are served by an elected State’s Attorney,
who serves a four-year term.
Purpose.
The two major functions of the Office of the State’s
Attorney are (1) to prosecute at trial all violations
of Maryland law that have a criminal sanction,
and (2) to investigate criminal activity within
its jurisdiction.
Link
to Maryland
State's Attorneys
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Office
of the Maryland Public Defender
Link to Maryland Public
Defender
Overview
The Office of the Public Defender handles criminal cases carrying a possible
jail sentence or a fine greater than $500.00. Eligibility for Public Defender
services is determined by comparing your financial condition to the Federal
Poverty Guidelines. For income eligible defendants the Public Defender Office
is open to take applications Monday through Friday from 8:30 a.m. to 4:30 p.m.
except State Holidays.
You may apply at any OPD Office, not just the County where you have to go to
court. You must apply at least ten (10) working days prior to your trial date.
Link to Maryland Public
Defender
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