Legal Question in Criminal Law in Maryland

If a defendant's trial has been postponed for over 180 days due to lack of courtroom availability, does this violate the Hicks Rule and can it be used as grounds for dismissal of charges? Or is lack of courtroom availability good cause for violating this rule? This rule has not been waived, but my friend is still awaiting trial because every time he goes in to court, they say that there is no available space or judge.


Asked on 1/02/13, 2:57 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Postponement beyond 180 days is a basis to move for dismissal, pursuant to Hick's rule However a judge must be persuaded that the defendant has been prejudiced beyond having to wait for the case to be heard and beyond having to wait in jail while waiting for the case to be heard.

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Answered on 1/03/13, 9:14 am


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