Legal Question in Criminal Law in Maryland

Hello. I live in Maryland. I received a summons (criminal) for District Court, State of Maryland vs. me. There were no other documents attached. Nowhere was a list of what I am being charged for, no charging documents, no police report, nothing but a date and time. The only reason I know the charges because I looked at Maryland's CJIS and found it there. I have NOT been arrested, detained, or otherwise spoke to any law enforcemnt official. Just a summons in the mail and that is it. Maryland State Police is the agency that filed the complaint (45 days after the alleged incident). State Police will not release any police report to me. So here is where I am: Just a summons, no other info, no rights explained to me. I am expected to show up and face charges, that 1. I did not do 2. I do not know officially what they are. Is this a due process issue? Can I get this case thrown out? Thank you very much.


Asked on 7/09/12, 11:11 am

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

It sounds like maybe you are in Montgomery or Baltimore county, because this is often how they do things. Most likely, this is a summons to appear for a "preliminary inquiry," where you will be served with the ACTUAL charges. It wouldn't be a trial date. Then, you will be told to get a lawyer, and you will be given a trial date. The reason they do it this way is because it is easier than coming to find you. So to answer your questions, no you will not get it thrown out for this reason. Often, people find it preferable to receive a summons rather than get arrested.

However, there may be 100 other reasons to get it thrown out. If you'd like to contact me with more details I can 1) Make sure what I'm telling you is accurate and 2) Give you an idea of what we might be able to do.

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Answered on 7/09/12, 3:30 pm
William Welch William L. Welch, III Attorney

You will be provided with the charging document, when you appear for the summons. You will be asked to sign acknowledging receipt. You do not have to answer questions about what did and did not happen. You have the right to hire a lawyer or to apply to the public defender for an appointed lawyer, if you cannot affor to hire one. You will not have to go to trial or plea bargain at the same time that you appear for this summons.

Seek a confidential consultation with an experienced defense lawyer. Remember that on line sites are not confidential. You would not want to unintentionally post something that might hurt your defense.

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Answered on 7/09/12, 5:32 pm


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