What It Means to Be Charged with a Crime in Maryland
The moment you’re charged with a crime in Maryland, you enter a system that moves fast—often faster than you can process what’s happening. Within hours of arrest, a commissioner will decide whether you stay in jail or go home. Within days, critical deadlines start ticking. Within weeks, decisions get made that can’t be undone.
Right now, roughly 2,000 people sit in Maryland jails awaiting trial each day—most of them presumed innocent, many of them there simply because they couldn’t afford bail. Some have been waiting months. Some will lose their jobs, their housing, their custody of their children—all before a judge or jury ever decides their guilt.
That doesn’t have to be your story.
Stage 1: Investigation – Before You’re Officially Charged
If police are asking questions, there’s already a case in motion. This stage is your first, and often best, chance to protect yourself. A criminal defense lawyer can step in early to prevent mistakes, influence what gets charged, or even stop charges from being filed at all.
How Maryland Criminal Cases Typically Start
Criminal investigations in Maryland can start in seconds or unfold over months. A DUI stop on I-95 turns into a search. A 911 call brings police to your door. A detective leaves a voicemail saying they “just need to clear something up.”
Immediate incident cases—a domestic disturbance, bar fight, or shoplifting accusation—often result in on-the-spot arrests. You go from ordinary day to handcuffs in minutes.
Long-term investigations—financial fraud, drug crimes, internet crimes, sex offenses—develop over weeks or months without your knowledge. Police might be monitoring your finances, tracking online activity, using confidential informants, or issuing grand jury subpoenas to your bank or employer. You find out when a detective shows up or calls.
Your Rights During an Investigation
You have powerful constitutional protections, but only if you use them.
You have the right to remain silent from the first moment of police contact—not just after arrest. If detectives show up, call you, or ask you to come to the station, you can decline. Here’s exactly what to say: “I’m not answering questions without my lawyer. I’m invoking my right to remain silent and my right to counsel. Am I free to leave?” Then stop talking.
You have the right to refuse consent searches. Police will ask to search your car during traffic stops, your phone after arrest, or your home during investigations. They ask because consent is easier than getting a warrant. Say clearly: “I do not consent to any searches.” If you consent, you give up critical legal protections.
In Maryland, consent searches matter particularly in traffic stops, cell phone searches (which require warrants after a 2014 Supreme Court decision), and home searches. Never let police enter your home without a warrant.
Maryland grand jury subpoenas: If you receive one, call a lawyer immediately—before you respond or testify.
How a Lawyer Can Intervene at the Investigation Stage
The best time to hire a criminal defense attorney is before you’re charged—the moment you realize you’re under investigation.
An experienced lawyer takes over all communication with law enforcement. Detectives stop calling you, showing up at your home, or contacting your family. They contact your attorney instead. This stops you from making damaging statements and signals you have sophisticated representation.
When I represent someone during an investigation, I contact the detective or prosecutor, inform them I represent you, and that all communication goes through me. I find out what they’re investigating, what evidence they have, and what charges they’re considering. Sometimes this reveals their case is weaker than they claim.
Early intervention can sometimes stop charges from being filed. In white-collar cases, professional misconduct allegations, or situations with ambiguous facts, prosecutors sometimes listen before charging. We might provide documents that undermine their theory, witness statements contradicting their informant, or context explaining seemingly incriminating evidence.
When we can’t stop charges, we can influence them. Maryland prosecutors have enormous discretion. The same conduct might support first-degree or second-degree assault, felony or misdemeanor theft, distribution or possession. These distinctions dramatically affect your sentence, bail eligibility, and expungement options. By providing information early—before they’ve publicly committed to charges—we sometimes influence them toward lesser charges.
As a former Maryland prosecutor, I know what arguments carry weight and what evidence prosecutors care about when making charging decisions.
Stage 2: Arrest, Charging Documents, and Booking
Once you’re arrested, the system moves fast. This stage determines how you’re charged, where you’re held, and what kind of case you’ll face. Knowing what happens now helps you and your lawyer respond strategically.
How Arrests Happen in Maryland
Police can arrest you on the spot if they witness a crime or respond to a call. In other cases, they secure an arrest warrant from a judge or commissioner after reviewing evidence or receiving a complaint.
Arrests might happen during a traffic stop, at your home, or at work. If there’s a warrant, police typically won’t notify you in advance. That’s why speaking with a lawyer immediately is critical if you suspect you’re under investigation or if you’ve missed a court date.
Understanding Charging Documents
In Maryland, criminal charges are filed through three different methods, and understanding which one applies to your case matters strategically:
Statement of Charges is the most common charging document, typically filed in District Court by police or through a commissioner. It lists the specific offenses, the date and location, and a brief narrative of the alleged facts. This is how most misdemeanors and lower-level felonies begin.
Criminal Information is filed by the State’s Attorney directly in Circuit Court, bypassing District Court entirely. Under Maryland Criminal Procedure § 4-102, prosecutors can use this method after you’ve had a preliminary hearing (or waived one), or if you don’t request a preliminary hearing within 10 days. This gives the State leverage by moving serious cases directly to Circuit Court.
An indictment comes from a grand jury—a group of citizens who hear evidence in secret and vote on whether probable cause exists. Grand jury indictments eliminate your right to a preliminary hearing and send cases directly to Circuit Court. Prosecutors often pursue indictments in serious felonies to avoid testing their evidence at a preliminary hearing.
The exact wording, dates, and structure of charges matter. Small details—like whether assault is charged as first-degree or second-degree, or whether the State alleges “intent to distribute” drugs—determine your maximum sentence, bail eligibility, and whether you have a right to jury trial. Your lawyer should analyze every element of the charging document immediately.
Booking and Central Processing
At central booking—particularly at Baltimore Central Booking and Intake Center, notorious for long waits and difficult conditions—you’ll be fingerprinted, photographed, and checked for prior charges or warrants. Police take your personal items and create an official record.
Stay calm and stay quiet. Anything you say or do during booking can appear in court later. Don’t explain yourself to officers. Don’t argue. Don’t make statements to other detainees. Focus on one thing: calling a lawyer as soon as you’re allowed.
Your first phone call should be to a criminal defense attorney or a family member who can contact one immediately. In Maryland, you have a right to make a phone call, but booking facilities have different policies about when and how calls are made. Be patient but persistent in requesting your call.
Once booked, you’ll see a commissioner within 24 hours for your initial appearance and bail determination—the critical next stage in your case.
Stage 3: Commissioner Hearing and Pretrial Release/Bail
After an arrest, your first appearance happens fast. What happens here can determine whether you’re released, held, or stuck with strict conditions while your case is pending.
What Happens at the Commissioner’s Office
After booking, you’ll appear before a District Court commissioner—usually within 24 hours. The commissioner reviews whether there’s probable cause to support the charges and formally notifies you of what you’re facing.
They also evaluate whether you’re a flight risk or a danger to the community, considering factors like your prior record, the seriousness of the charge, ties to Maryland (employment, family, residence), and your history of appearing for court dates.
Bail, Bond, and Conditions of Release in Maryland
Maryland’s bail system changed dramatically in 2017 when the state adopted Rule 4-216.1, which states that courts should give “preference to additional conditions without financial terms.” The goal was to reduce reliance on cash bail and base release decisions on risk, not wealth.
In theory, this means more people released without bail. In practice, implementation varies wildly across Maryland.
You may be released on your own recognizance (ROR—no money required), given an unsecured bond (you sign a promise to pay if you don’t appear, but post no money upfront), required to post cash bail through the court, offered a bond through a bail bondsman (typically 10% of the total bail amount), or held without bond if charges are serious enough.
Commissioners and judges can also impose conditions like GPS monitoring, home detention, stay-away orders from alleged victims, drug/alcohol testing, surrendering passports, or check-ins with pretrial services.
Home detention costs used to create inequities because poor defendants couldn’t afford the fees and stayed in jail. Recent changes now provide state funding for home detention in many jurisdictions, but availability and implementation still vary by county.
What Family and Friends Can Do Right Away
Loved ones can help by contacting a defense lawyer and a licensed bail bondsman immediately. They should gather information that helps at bail hearings: proof of employment, medical conditions requiring treatment, family ties to Maryland, property ownership, and character references.
If bail is set and you can’t afford it, your lawyer can request a bail review hearing before a judge within 24 hours under Maryland Rule 4-216.2. At this hearing, your attorney can present evidence of your ties to the community, employment, clean record, or other factors showing you’re not a flight risk. Judges have more flexibility than commissioners and can reconsider the bail amount or conditions.
As a former prosecutor, I know what judges look for in bail arguments. Employment stability, family support, prior compliance with court orders, and participation in treatment programs all carry weight. We compile this information quickly and present it persuasively to maximize your chances of release.
The difference between staying in jail and going home while your case is pending often comes down to having a lawyer who knows how to argue bail effectively in your specific jurisdiction—and who understands that what works in Montgomery County might not work in Baltimore City.
Stage 4: First Court Appearances and Early Case Management
Your first few court dates set the stage for everything that follows. Critical deadlines start here. Miss them, and you permanently lose personal rights.
Initial Appearance / Arraignment in District Court
Your initial appearance is usually held in District Court soon after arrest. The judge advises you of the charges, maximum penalties, and your right to a lawyer or public defender. No evidence is presented. You typically won’t enter a plea yet.
Why You Usually Don’t Plead Guilty at the First Appearance
You haven’t seen the evidence, explored possible defenses, or evaluated suppression issues. Pleading guilty too early locks in a conviction and exposes you to sentencing you might have avoided. Wait. Let your attorney investigate and negotiate better options.
Moving Between District Court and Circuit Court
Misdemeanors and lower-level felonies may stay in District Court. But you have the right to request a jury trial, which automatically moves your case to Circuit Court under Maryland Rule 4-301. This “prayer for jury trial” must be filed in writing at least 15 days before trial, though judges typically accept requests made anytime before trial starts.
If you demand a preliminary hearing (within 10 days) and the judge finds probable cause, the State has 30 days to file charges in Circuit Court through either a Criminal Information or grand jury Indictment. If they don’t act within that window, the charges may be dismissed—though they can refile.
Stage 5: Discovery – Getting the Evidence Against You
This is when your lawyer sees the State’s case. It’s also when the real strategy begins.
What Discovery Includes in a Maryland Criminal Case
Under Maryland Rule 4-263, the State must share specific evidence with your attorney: police reports, witness statements, your own statements to police, lab results, forensic reports, 911 recordings, bodycam footage, surveillance video, and any exculpatory evidence (Brady material—evidence that helps your defense).
The State has deadlines to turn over this material, and your lawyer can file motions to compel discovery if prosecutors delay. In felony cases, discovery often includes cell phone records, GPS data, financial documents, and expert reports.
How a Defense Lawyer Uses Discovery
An experienced defense attorney reviews every piece of evidence to spot weaknesses: illegal searches, Miranda violations, inconsistent witness statements, gaps in the timeline, flawed forensic procedures, or missing exculpatory evidence the State should have provided.
Discovery often reveals what the State can’t prove—and opens the door to suppression motions, motions to dismiss, or favorable plea negotiations. As a former prosecutor, I know exactly what to look for: the details police omit from reports, the witnesses who didn’t actually see what they claim, the evidence that was collected illegally.
Your Role During Discovery
You play a key role by sharing context the paperwork doesn’t show: prior conflicts with alleged victims, false allegations in your past, witness bias, alibi information, or evidence the State doesn’t have yet. Be completely honest with your attorney—even unfavorable facts help us prepare. Information that seems minor to you might be the key to your defense or critical for plea negotiations.
Stage 6: Pretrial Motions and Strategy
This is where your lawyer challenges the case and positions you for the best possible outcome.
Common Pretrial Motions in Maryland
Your attorney may file motions to suppress evidence from illegal stops or searches under Maryland Rule 4-642, exclude prior convictions from trial, compel the State to turn over missing discovery, or dismiss charges for lack of evidence. These motions can weaken the State’s case or get key evidence thrown out entirely.
Suppression motions target constitutional violations: warrantless searches, coerced confessions, illegal traffic stops, or Miranda violations. If the judge grants a suppression motion, that evidence can’t be used at trial—and often the State’s entire case collapses.
Evaluating the Strength of the State’s Case
Your lawyer assesses witness credibility, quality of video or forensic evidence, and how local judges typically handle similar charges. Sentencing exposure matters heavily—especially when deciding whether to take a plea or go to trial.
Plea Negotiations: How They Really Work
Plea offers may include reducing charges (felony to misdemeanor), amending counts, dismissing some charges, or recommending lighter sentences. Prosecutors consider the evidence strength, your record, victim input, and courtroom realities.
Your lawyer’s job is to negotiate hard and give you honest advice about risks and benefits. Sometimes the offer is good enough to accept. Sometimes going to trial is the smarter move—especially when the State’s case has serious flaws.
Deciding: Plea vs. Trial
Stage 7: Trial – What to Expect in a Maryland Criminal Trial
When your case goes to trial, everything is on the line. This is your chance to challenge the evidence and make the State prove its case beyond a reasonable doubt.
Bench Trial vs. Jury Trial
In Maryland, you can choose between a bench trial (judge decides) or a jury trial (12 citizens decide). District Court trials are always bench trials. In Circuit Court, you can demand a jury. Your lawyer helps you decide which gives you the best shot based on the charges, the judge, and the facts.
Bench trials are faster and sometimes better when the law is on your side but the facts are emotional. Jury trials are better when you need everyday people to see the State’s case doesn’t add up or when witness credibility is the central issue.
Step-by-Step: Inside the Courtroom
Trial starts with any final pretrial motions, then opening statements. The State presents its case first—calling witnesses, introducing evidence, and facing cross-examination from your lawyer. Then the defense can call witnesses, present evidence, or rest without presenting anything (you’re not required to prove innocence—the State must prove guilt).
After closing arguments, the judge or jury deliberates and delivers a verdict. Your lawyer’s job is to challenge every piece of the State’s case, create reasonable doubt, and hold prosecutors to their burden of proof.
Verdicts and Immediate Aftermath
Possible outcomes: not guilty (you’re free), guilty, guilty on lesser charges, or hung jury (mistrial, case may be retried). If you’re acquitted, it’s over. If convicted, sentencing may happen immediately or at a later hearing. Your lawyer will guide you through what comes next—and begin preparing for appeal if needed.
Stage 8: Sentencing – If You Plead Guilty or Are Found Guilty
If you’re convicted, sentencing is where your story—and your lawyer’s preparation—can make a big difference.
How Sentencing Works in Maryland
Maryland judges consider sentencing guidelines, but they’re advisory, not mandatory. For certain crimes, mandatory minimums apply—particularly for gun crimes, repeat drug offenses, and some violent felonies. Prosecutors, defense attorneys, victims, and you can all speak before the judge imposes a sentence.
Types of Sentences and Conditions
Sentences may include jail or prison time, probation, fines, restitution to victims, community service, treatment programs, or no-contact orders. Crucially, Maryland uses a suspended sentence system: a judge might sentence you to five years but suspend all but one year, meaning you serve one year and the remaining four hang over you during probation. Violate probation, and the judge can impose the suspended time.
Mitigation: How a Lawyer Can Change the Outcome
Strong defense lawyers build mitigation packages: letters from employers, proof of counseling or treatment, clean drug tests, family support evidence, military service records, and educational achievements. We frame your story, remorse, rehabilitation, progress, and give the judge reasons for leniency.
Stage 9: After the Case – Appeals, Violations, and Record Clean-Up
Even if your case is over, your legal problems might not be. What you do next can protect your future (or make things worse).
Appeals and Post-Trial Remedies
If convicted in District Court, you have an automatic right to appeal to Circuit Court for a brand-new trial (de novo appeal). From Circuit Court, appeals go to the Court of Special Appeals, but only for legal errors—no new trial, just review of the record. You can also file post-conviction petitions later under Maryland Criminal Procedure Title 7, especially for ineffective assistance of counsel claims.
Probation Violations in Maryland
If you’re on probation, any violation—missing check-ins, positive drug tests, new arrests—can land you back in court. Violation hearings use a lower standard of proof than trials (“preponderance of evidence”), and judges can revoke probation and impose a suspended sentence. Having a lawyer at violation hearings is critical.
Criminal Records, Expungement, and Long-Term Effects
Criminal records affect employment, housing, professional licenses, and more. Maryland’s expungement law allows removal of certain records from public databases. Eligibility depends on the charge outcome, offense type, and time passed. Some dismissed charges qualify for immediate expungement; others require waiting periods. Even without expungement, shielding provisions may limit public access to conviction records.
How Criminal Charges in Maryland Can Affect Security Clearance
If you work in clearance-required roles, you must self-report arrests within strict timeframes. Failure to disclose looks worse than the offense itself. Charges involving DUI, drugs, domestic violence, or fraud raise serious concerns. Your lawyer can help achieve outcomes that look better on clearance reviews and advise on proper disclosure to security officers.
How a Maryland Criminal Defense Attorney Helps at Every Stage
A strong legal defense isn’t just about what happens in court—it’s about having the right lawyer by your side from the moment things start. At Hartman Attorneys at Law, you get direct access to a former prosecutor who knows exactly how to fight and when to act.
Early Intervention to Limit Damage
As a former Maryland prosecutor, Christian Hartman knows how the State builds cases and how to stop them before they start. When police start asking questions, time is critical. We step in fast, take over communication, and sometimes prevent charges from being filed at all.
If you are arrested, we push for lower bail and better release terms. We know which arguments work with Baltimore City judges versus county judges. We know how to present your ties to the community, your employment stability, and your treatment compliance to maximize your chances of release—keeping you out of jail so you can keep your job, family, and future intact.
Guiding You Through Each Decision Point
We don’t just show up at hearings—we guide you through every step. You’ll never wonder what’s next or how to prepare. We explain your options clearly, without legal jargon, and keep you involved in every decision.
We also make sure you don’t accidentally hurt your case by contacting witnesses, posting on social media, or ignoring court orders. Our job is to keep your case strong and your record as clean as possible.
When You Should Call a Lawyer
The biggest mistakes happen early, often before you’ve been charged. Don’t wait until the damage is done. Call immediately if:
- You’re under investigation or police contacted you for questioning
- You were just arrested or learned about a warrant
- You missed court or received a probation violation notice
- You’re facing charges that could affect your job, clearance, or immigration status
Criminal defense attorney Christian Hartman is a former Maryland prosecutor who now defends people facing the exact charges he once prosecuted. He knows how the State builds cases because he built them. He knows which arguments prosecutors fear because he feared them. And he knows how to fight back at every stage, from the first police contact through trial and appeals, because he’s been on both sides of the courtroom.