How long does a criminal case take in Maryland
The timeline of a Maryland criminal case depends on whether the charge is a misdemeanor or felony, the court where it is filed, and the complexity of the matter. Misdemeanor cases in the District Court of Maryland frequently progress from arraignment to trial within 30 to 90 days, while felony cases in Circuit Court typically take three to twelve months. Several factors can extend that period, including pretrial motions, the availability of witnesses, and the court’s docket. Understanding procedural milestones—such as the Hicks date for felony jury trials—can help you anticipate what lies ahead. If you are facing a criminal charge anywhere in Maryland, speaking with an experienced defense attorney early can significantly affect the course of your case. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
What Affects the Timeline of a Maryland Criminal Case
The classification of an offense is the single most important factor. Misdemeanors—less serious crimes—are generally handled in the District Court. After an initial appearance before a commissioner, a defendant is scheduled for an arraignment and then trial. The District Court’s relatively streamlined procedures often allow a case to move from charging to resolution in a few months.
Felony cases, by contrast, proceed through a more layered process. After an initial appearance, a preliminary hearing is held in District Court unless the defendant is indicted. If the judge finds probable cause, the matter is transferred to Circuit Court, where grand jury proceedings or a criminal information follow. A trial date is then set. The Hicks rule—a 180-day speedy-trial requirement from the defendant’s first appearance—applies to felony jury trials. The State must bring the case to trial within that period unless the defendant waives the right or a judge grants a postponement for good cause. The presence of multiple defendants, extensive discovery, or experienced attorney-witness scheduling can stretch the timeline further.
Frequently Asked Questions
How long does a criminal case take in Maryland?
Misdemeanor cases in District Court often resolve within 30 to 90 days, while felony cases in Circuit Court may take three to twelve months. The actual duration depends on the charge, the court’s schedule, motions practice, and whether a plea agreement is reached. Cases that go to trial typically take longer than those resolved through negotiation. While the Hicks date for felonies establishes a 180-day limit, continuances and procedural steps can extend the timeline. A knowledgeable attorney can help you understand what is realistic for your specific situation.
What is the difference between a misdemeanor and a felony in Maryland?
Misdemeanors are less serious offenses handled primarily in District Court, while felonies are more severe crimes that proceed in Circuit Court. Misdemeanors carry sentences of up to 10 years of incarceration and fines, depending on the statute; many carry lower maximums. Felonies can result in lengthier imprisonment and are subject to grand-jury indictment. The classification also affects the pretrial process—felonies involve a preliminary hearing and often more discovery, which adds time to the case.
What is the Hicks date, and why does it matter?
The Hicks date requires the State to bring a felony jury trial within 180 days after the defendant’s first appearance in court, protecting the right to a speedy trial. The clock begins to run at the initial appearance before a commissioner or judge. If the State fails to try the case within that period and the delay is not attributable to the defense or justified by an exceptional circumstance, the court may dismiss the charges. Defendants sometimes waive the Hicks date to allow more preparation time. An attorney can advise whether waiving it is to your advantage.
What happens at an arraignment in Maryland?
At an arraignment, the defendant is formally informed of the charges and enters a plea of guilty, not guilty, or, with the court’s permission, nolo contendere. In District Court, the arraignment may occur at the same appearance as the initial presentment. In Circuit Court, it generally takes place after an indictment or criminal information is filed. The judge also addresses bail conditions and sets future hearing dates. Having an attorney present is important because the plea entered can affect the entire course of the case.
Can criminal charges be dropped in Maryland?
Yes, criminal charges can be dropped before trial if the prosecutor determines that the evidence is insufficient or that pursuing the case is not in the interest of justice. The State may enter a nolle prosequi, a formal notice that it will not proceed. Charges may also be dismissed by the court on a motion by the defense—for example, if there was an illegal search or other constitutional violation. A dismissal, when available, spares the defendant from a trial and a conviction on their record.
Do I need a lawyer for a criminal case in Maryland?
While you have the right to represent yourself, criminal cases involve procedural rules, evidentiary standards, and potential consequences that make legal representation essential. An experienced defense attorney can challenge the prosecution’s evidence, negotiate with the State, and present a defense designed to achieve the most favorable outcome—whether that is a dismissal, a reduction of charges, or an acquittal at trial. The stakes include incarceration, fines, and a permanent criminal record, making the guidance of counsel critical from the earliest stage.
What are the penalties for a criminal conviction in Maryland?
Penalties vary widely depending on the specific offense and whether it is classified as a misdemeanor or felony. For example, second-degree assault can carry up to 10 years of imprisonment and a $2,500 fine, while first-degree assault carries up to 25 years. Theft offenses are graded by value: theft of $1,500 to $25,000 is a felony with up to 5 years of incarceration. Many drug possession offenses are misdemeanors. Because the statutory ranges are broad, a judge has considerable discretion, and the assistance of an attorney can influence the sentencing determination.
Can a criminal record be expunged in Maryland?
Many Maryland criminal records can be expunged under the expanded eligibility rules of the Justice Reinvestment Act. Expungement removes the record from public view, which can ease barriers to employment, housing, and licensing. Dispositions such as an acquittal, a nolle prosequi, a stet, or a probation before judgment (PBJ) may be eligible, and certain non‑violent convictions can also be expunged after a waiting period. Eligibility depends on the offense and the outcome; a lawyer can evaluate your record and determine whether expungement is available.
What should I do if I am arrested in Maryland?
Remain silent, ask to speak with an attorney, and do not discuss the facts of your case with anyone except your lawyer. Anything you say to the police can be used against you. Invoke your right to counsel clearly. After arrest, you will be brought before a District Court commissioner who will set bail or release conditions. Contact an experienced criminal defense attorney as soon as possible so that your rights are protected from the outset.
How does probation before judgment (PBJ) work in Maryland?
A PBJ allows the court to defer judgment and place a defendant on probation without entering a formal conviction. If the defendant successfully completes the probation conditions—such as community service, counseling, or remaining law‑abiding—the court discharges the defendant and dismisses the charge. A PBJ is available for many offenses but is discretionary and may carry a waiting period before the record is cleared. Because a PBJ avoids a conviction, it can protect your future opportunities. An attorney can explain whether your case is eligible.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to criminal defense matters throughout Maryland and have achieved over 4,739 documented firm-wide results. Results may vary. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Maryland location in Rockville serves clients in Montgomery County, Prince George’s County, Howard County, and across the state. To discuss your case, reach our Maryland location at (888) 437-7747. Consultation by appointment.
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