Frequently Asked Questions

Find answers to common questions about the criminal justice process and available support.

Attorney Information

Does the Judiciary provide attorney referrals?

The Maryland Judiciary does not provide attorney referrals. Some local bar associations maintain attorney referral lists for a particular area. A list of local bar associations is available on the Maryland State Bar Association web site. Please note that clerks of the court will provide assistance with forms and court procedures but cannot provide legal advice.

What legal help is available if I can't afford to hire an attorney?

Pro bono services are legal services provided by attorneys who are volunteering their time "pro bono publico," or "for the public good." A number of non-profit organizations in Maryland can assist in obtaining a pro bono attorney. Contact the Maryland Volunteer Lawyers Services at 800-510-0050 or contact the Pro Bono Resource Center of Maryland at 800-492-1964 for a list of local pro bono organizations. The People's Law Library also provides legal and self-help information on Maryland and federal law affecting low and moderate income people and their families. 

For information on pro se assistance projects in each circuit court and other legal services see the Family Administration's website.

Bad Checks

When can a bad check violation be filed?

This depends on the reason the check was refused for payment.

  1. If the check was refused due to insufficient funds, the person must wait ten (10) days from the date of the refusal to bring charges. This gives the individual time to make good on the check.
  2. If the check was refused because the account does not exist, is closed, or has a hold on it, an application for charges may filed immediately.
How are charges filed?

Complete an Application for Statement of Charges for Bad Check (form DC/CR44) and appear in person at the commissioner’s station. Bring a photocopy of the bad check, information about the dishonored check, a description of the goods or services the individual received, and any information about the individual who wrote the check (for example, the person’s driver’s license number, date of birth and a physical description).

The commissioner cannot provide you with identifying information. There are no court costs or fees for filing an Application for Charges. Attend the trial, which will be held in the District Court. You are required to personally attend the trial to testify as to the facts of the case.

For more information, see Bad Checks, How to File a Bad Check Violation.

Bail Bond

How do you post bail or bond?

The Criminal Defendant brochure provides information on bail, trial, hearings, etc.

What is bail?

Bail is money paid to the court to ensure that an arrested person who is released from jail will show up at all required court appearances.

Who can post bail for me?

You may post bail for yourself, have someone over 18 years old post it on your behalf or use a bondsman. Whoever posts bail for you assumes full responsibility for your appearance in court. If you fail to appear as required, a warrant will be issued for your immediate arrest and the bail will be forfeited.

How does a person post bail?

Bail may be posted in the following manner:

1. Cash Bail

A percentage may be posted for cash bonds. All bonds that are set at two thousand, five hundred dollars ($2,500.) or less may be posted with a cash deposit of ten percent (10%). However, the person posting cash bail is liable for the full amount. If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. If you do not appear, all cash posted will be forfeited and the full amount of bail becomes due.

2. Property Bail

Property (e.g. land or home) in Maryland may be used to post bail, provided that the net equity in the property meets or exceeds the amount of bail. To determine net equity deduct any liens, mortgages or deeds of trust, and ground rent, capitalized at 6 percent, from the assessed value of the property.

When posting property, you need to present tax bills, assessment notices, copies of a recorded deed or other public records. Each person whose name appears on the tax bill must sign the form, unless a power of attorney has been executed by one or both parties authorizing another signature.

3. Intangible Assets

Acceptable intangible assets include:

a. Bankbooks and certificates of deposit accepted at 100 percent of stated value;

b. Letters of credit from a bank; and

c. Certificates for stocks listed on the American or New York Stock Exchange, accepted at 75 percent of the present exchange quotation.

Only a clerk of the court may accept intangible assets; a commissioner may not. Present the required documents to a clerk at the court location where the case is pending.

4. Credit and Debit Cards

Bail may be charged on certain credit and debit cards. Although a commissioner or clerk accepts the card, an independent company processes the charge. The charge includes the amount of the bail and a service fee. (These charges will appear on your next credit or debit card statement.) The card and personal identification must be produced in person at the time of posting bail. (Contact a District Court commissioner or clerk for information on cards accepted and the fees charged.)

5. Professional Bail Bondsman

A bail bondsman charges a nonrefundable fee to post bail. In addition to the fee, the bondsman may require collateral security or property to secure your release. Collateral will be returned to the person who posted it after disposition of the charges. The service fee and collateral received must be displayed on the bail bond form. Make certain that the information is correct on the form, that you receive a receipt and that you understand the action the bondsman may take if you fail to meet your obligations.

For the telephone number of a bondsman consult the Yellow Pages under the “Bail Bonds.”

Complaints (Non-Criminal)

About a judge

The Maryland Commission on Judicial Disabilities investigates complaints about judges and makes recommendations as to dismissal, further investigation, or disciplinary action. The Commission does not investigate complaints regarding the outcome of a case or judicial ruling. For more information, see the Maryland Commission on Judicial Disabilities.

About an attorney

The Attorney Grievance Commission oversees the conduct of both Maryland lawyers and nonmembers of the Maryland Bar who engage in the practice of law in the State. The Commission investigates and, where indicated, prosecutes attorneys whose conduct violates the Maryland Lawyers Rules of Professional Conduct as well as those engaged in the unauthorized practice of law. For more information, see the Attorney Grievance Commission's website.

If you believe that a lawyer practicing in the State has taken money from you without your consent, you may be eligible for reimbursement from the Client Protection Fund. For more information, see the Client Protection Fund's website.

About a case

If you are dissatisfied with a decision in your case, you may file an appeal with the appropriate court.

If you have other concerns or issues with the Judiciary

The judiciary ombudsman serves as an advocate for fairness, answering individuals’ questions, helping resolve individuals’ concerns and issues, and works to make the courts more user-friendly. For more information, go to the ombudsman web site.

Court Records

Can I find court records online?

Online access to case and notice records is available. See Search Court Records.

Courtroom Demeanor

What should I know about appearing in court?

Although there are no provisions mandating dress attire or conduct in court, court users often ask what they should wear and how they should act in court. It is important to be on time or early if possible because often your name or your case number may be called as soon as the trial begins to see who is present and who is missing. If your name is called and you are not there to respond, your case can be dismissed. If you are a defendant in a criminal case, a failure to appear warrant could be issued for your arrest.

How should I dress for my court appearance?

Again, these are voluntary suggestions. Dress appropriately for court, or as you would for a job interview.

How do I address the judge?

Judges can be called "judge" or "your honor." Refrain from calling a judge "sir," "ma'am," "mister" or "miss." Communication with the judge should be carried out with a proper amount of respect. Refrain from outlandish or rude behavior such as arguing with the judge or the opposing party or their attorney.

Can I bring my child to court?

It is not recommended to bring small children into the courtroom unless they are part of the case. In a situation where you have to bring a child to court, it is often best to locate him or her outside the courtroom with a responsible adult.

Criminal Complaint

How do I file a criminal complaint?

If you believe that a crime has been committed against you or a minor in your custody, your first step should be reporting the crime to the local police department. Reporting the incident makes it a matter of record, even if the police are unable to investigate the crime. Depending upon the nature of the incident, the police may conduct an investigation. The investigation determines whether or not charges are filed by the police with a District Court commissioner. If the police file charges, the matter is now under the authority of the court. The District Court Commissioner Criminal Filing webpage provides information on reporting the crime, filing charges, going to Court, etc.

If the police do not conduct an investigation or file charges, you may file an Application for Statement of Charges on your own with a District Court commissioner. A District Court commissioner, a judicial officer, reviews the Application for Statement of Charges to decide if sufficient evidence exists to charge the defendant (the person accused) with a crime (probable cause). You must tell the commissioner, in writing, the details of the crime.

Domestic Violence

Where can I find information about domestic violence?

See the Domestic Violence web site for more information, including resources, hotlines, etc.

What is a Peace or Protective Order?

Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others. The personal relationship between the respondent and the victim determines which order would be filed. Protective orders generally apply to people in domestic relationships. Peace orders apply to other relationships (dating, neighbors, co-workers, acquaintances, strangers). For more information, including how to determine which order applies to your situation, see the Peace and Protective Order Brochure.

Restraining orders: In Maryland a "restraining order" refers to a peace or protective order.

How do I file for protection from domestic violence?

A petition for protection from domestic violence may be filed in any District Court or Circuit Court in Maryland. The Domestic Violence Protection Order form is available on this web site or can be obtained in each Clerk’s office. If you need assistance with the process, contact the family support services coordinator/administrator in the Circuit Court or call the Clerk’s office and ask for the names of any domestic violence programs in your area. Some courthouses have on-site programs designed to assist victims in safety plans and filing for protection. If you need assistance and the courts are closed, contact a District Court Commissioner.

Emergency Evaluation

What is an emergency evaluation?

An emergency evaluation petition is a legal process that enables a petitioner to get a person who is suffering from a mental illness or is in a serious mental crisis taken into custody and examined by a medical professional in a designated emergency facility.

How do I obtain an emergency evaluation?

If person has health care provider, such as doctor, case manager or other mental health worker, call that professional for help.

If the person does not have a provider, check with county’s mental health department for possible services. If the person poses an immediate danger to him or herself, or to others, call the police.

Legal Advice

How can I obtain legal advice?

Only a lawyer can provide legal advice. Many lawyers provide free or low cost initial consultation services. The local or state bar association may provide you with a list of these lawyers.

What are pro bono services?

Pro bono services are legal services provided by attorneys who are volunteering their time "pro bono publico," or "for the public good." A number of non-profit organizations in Maryland can assist in obtaining a pro bono attorney. Contact the Maryland Volunteer Lawyers Services at 800-510-0050 or contact the Pro Bono Resource Center of Maryland at 800-492-1964 for a list of local pro bono organizations.

What advice can a court clerk give?

A court clerk can explain when and where a particular trial is scheduled, provide the forms requested, explain the fees required for various court actions, accept case filings and answer questions about the procedures of the court. A clerk is prohibited by law from rendering legal advice.

Parking

Is parking validated?

The State’s Attorney’s Office provides validated parking for victims and witnesses attending court or visiting our offices. Parking validation is available at the following garages:

  • St. Paul Plaza Garage, 48 E. Lexington Street (clearance: 6'8")
  • St. Paul Place Garage, 210 St. Paul Street (clearance: 7'0")
  • Baltimore St. Garage, 15 Guilford Avenue (clearance: 6'10")

Upon arrival for court, bring your parking ticket along with your letter and summons to the Victim Witness Reception Room in the Mitchell Courthouse (100 N. Calvert Street), located on the 4th floor, Room 410, for validation.

For cases at the Baltimore City Juvenile Justice Center (300 N. Gay Street), parking is validated only at the Parkway/Fallsway Lot, located at 545 N. High Street between Hillen Street and Fallsway. Please bring your parking ticket with you for validation. Juvenile court proceedings and the Victim Witness Waiting Room are located on the 3rd floor of the Juvenile Justice Center.

Scheduling/Postponements

What should I do if I am unable to attend a District Court date?

District Court: If you wish to request a change in the trial date for a District Court case, you must write the court before your trial date with an explanation of the circumstances that require the change. Your request is not automatically granted; it is up to a judge to determine whether to change your trial date. It may be helpful to provide documentation to support your request.

For the Circuit Court, please contact the Clerk's Office for assistance.

Sexual Assault

What should I do if I have experienced sexual assault?

If you are the victim of a sexual assault, call the police to report the crime. Additional help is available through sexual assault/abuse crisis centers and hotlines.

What is the age of consent in Maryland?

You should review the "Criminal Law" article of the Annotated Code of Maryland. This code is available at most larger county public library branches. For an unannotated version of the Code of Maryland, see LexisNexis.

Does Maryland have a sex offender registry?

Yes. The Department of Public Safety and Correctional Services and local law enforcement agencies are required to provide a list of certain types of sex offenders maintained by the state to any person who submits a written request. Residents cannot make individual requests to see if their neighbor, for example, is a sex offender. More information, including an online registry of sex offenders, is available on the web site of the Maryland Department of Public Safety and Correctional Services’ Sexual Offender Registry Unit.

Traffic Court / Ticket Information

What do I do once I receive a traffic citation?

If you receive a payable traffic citation, you have several options, which you should review. For complete information, visit the District Court Website.

What if I receive a Notice to Appear as a witness?

If you receive a Notice to Appear as a witness in a traffic case, the date, time and court location appears on the notice. Call the court the day before the trial date to confirm that the case is still on the docket. If you are unable to appear on the scheduled date, notify the court in writing prior to that date by mail. Include the citation number, defendant’s name, trial date and location, a brief explanation of why you are unable to attend, your name and your daytime phone number.

How long do trials/hearings take?

The length of your trial or hearing can vary by county, and can depend on the number of cases scheduled during the session to which your case is assigned. Many counties are working hard to significantly decrease the time individuals have to spend in traffic court by scheduling cases on an hourly basis.

How do I check to see if I have an outstanding suspension?

The Maryland Motor Vehicle Administration maintains all motor vehicle records including outstanding suspensions. You can reach the MVA by calling 800/950-1MVA (out of state 301/729-4550) during regular weekday hours, or by calling 800/638-8347 for 24-hour-a-day recorded information regarding the MVA.

Transcripts and Recordings

How do I obtain a transcript or recording of my trial?

Generally, most requests for a transcript or recording pertain to a District Court action. See the District Court for more information. If you want information on the availability of a transcript or recording in a circuit or an appellate court please contact the Clerk's Office for assistance. Contact information, see the Supreme Court of Maryland - the Appellate Court of Maryland for the clerks' phone listing.