Calvert Cnty. Cir. Ct. Criminal DCM Plan 2.2

a. Track Assignment. Jury trial prayers and written demands for a jury trial requested in

the District Court are assigned to Criminal Track 1 by the Circuit Court criminal assignment office.

The Circuit Court has set aside at least one day per month for trial of these Track 1 cases.

b. Jury trial prayers (oral requests in open court). The Circuit Court criminal assignment

office provides the District Court and the State’s Attorney with available pre-trial and trial dates.

By pre-arrangement, and with the cooperation of the District Court, the Circuit Court trial date is

given when the jury trial prayer is received, and the District Court issues the summons at that time.

The summons includes Circuit Court pre-trial and trial dates.

c. Written demands for jury trial. When a written demand for jury trial is filed in District

Court, the case file is forwarded to the Circuit Court. A pretrial date is given by the District Court.

The criminal assignment office assigns the case to Criminal Track 1, sets the trial date, and sends

written notice to all parties.

d. Plea Offer. The State’s Attorney has agreed to make a plea offer with sentencing

guidelines in advance of the pre-trial date. If the defendant accepts the plea offer, the State’s

Attorney will notify the criminal assignment office and a plea date will be set or an existing event

date will be used for the plea.

e. Time Standard. It is the intention of the Circuit Court to conduct trials of all jury trial

prayer cases with 90 days from receipt of the case from District Court.

2..3 Criminal Track 1 – Appeals from District Court.

a. Track Assignment. All appeals from the District Court are assigned to Criminal Track

1 by the Circuit Court assignment office. The Court’s goal is to dispose of all appeals from District

Court within 90 days from receipt of District Court file or filing in Circuit Court.

b. Trial Date. Traffic appeals of offenses without potential incarceration are set for a

bench trial within 30 days of filing with the Circuit Court. All other appeals are set for a pre-trial

hearing between 30 – 60 days and for trial between 60 - 90 days of filing in Circuit Court.

c. Plea Offer. The State’s Attorney has agreed to make a plea offer with sentencing

guidelines in advance of the pre-trial date. If the defendant accepts the plea offer, the State’s

Attorney will notify the criminal assignment office and a plea date will be set or an existing event

date will be used for the plea

d. Time Standard. It is the intention of the Circuit Court to conduct trials of all jury trial

prayer cases with 90 days from receipt of the case from District Court.

Table 2

Track 1 – Jury Trial Prayers, District Court Appeals

Event Timing

Case Initiation Case filing by State’s Attorney in Circuit Court

Arraignment Not required

Discovery In District Court or no period required

Trial Within 90 days of filing

Sentencing (if guilty) Same day as verdict

2.4. Criminal Track 2 – Charges by Indictment or Criminal Information.

a. Initial Appearance Hearing (arraignment). Unless a warrant has been issued, if the

defendant is not represented by counsel, an initial appearance hearing is scheduled within 15-30

days from filing of case, for presentation of charges and determination of defendant’s

representation in the case. At the initial appearance hearing, the court will inform the defendant

of the dates for the pre-trial hearing, plea hearing, and trial. If counsel enters the case and waives

the initial appearance, the initial appearance will be cancelled (vacated), and the case will proceed

to pre-trial. If a warrant has been issued, the initial appearance hearing will be conducted upon

defendant’s apprehension.

b. Pre-trial Hearing. A pre-trial hearing is set between 30-40 days after the initial

appearance, after taking into consideration the availability of the State’s Attorney and defense

counsel. At the hearing, the State and defense counsel shall apprise the court of discovery issues,

the status of plea negotiations and any other issues that may require attention.

c. Plea Offer. The State’s Attorney has agreed to make a plea offer with sentencing

guidelines in advance of the pre-trial date. If the defendant accepts the plea offer, the State’s

Attorney will notify the criminal assignment office and a plea date will be set or an existing event

date will be used for the plea.

d. Plea Hearing. If a plea has not been entered and accepted by the court by the pre-trial

hearing date, a plea hearing date is set 30 days after the pre-trial hearing is conducted. At the

hearing, the defendant shall accept or reject the plea offer tendered by the State’s Attorney.

e. Motions Hearing. Motions hearings will be scheduled by the criminal assignment office

upon request of either the state or the defense, and every attempt will be made to schedule the

motions hearing without postponing future, pre-established court events.

f. Trial. If the defendant does not accept the plea offer, the case will proceed to trial

approximately 30 days from the plea hearing date.

g. Sentencing Hearing. If the defendant has accepted and the court has taken the plea,

the sentencing hearing will be scheduled within 30 days of the plea hearing date, unless a pre -

sentence investigation is ordered. If the case proceeds to trial and the defendant is found guilty of

the charges, sentencing will be scheduled within 30 days of verdict, unless a pre-sentence

investigation is ordered. If a pre-sentence investigation is ordered, sentencing will be scheduled

within 60 – 90 days of plea or verdict.

h. Time Standard. The Court’s goal is to complete processing of Criminal Track 2 cases

to verdict, plea or disposition within 120 days of initial appearance of the defendant or entry of

counsel.

Table 3

Track 2 – Non-Violent Felony Cases

Court Event Timing

Case Initiation Case filing by State’s Attorney in Circuit

Court

Arraignment Within 15 days of filing

Motions Hearings (Discovery)

Complete

30 days prior to trial

[Pretrial Status Conference] 15 days prior to trial

Trial Within [90 days] of filing

Sentencing (if guilty) Same day or 30 days after trial typically

2.5 Criminal Track 3 – Violent Felony Cases.

a. Charges. Violent felony cases (homicide, rape, first and second degree sex offenses, child

abuse, major fraud, arson, wiretap, drug king-pin, complicated science-related and technology

cases, and consolidated cases) and such other cases as the Administrative Judge may direct, are

assignment to Criminal Track 3.

b. Initial Appearance Hearing (arraignment). Unless a warrant has been issued, if the defendant

is not represented by counsel an initial appearance hearing is scheduled within 15-30 days from

filing of case, for presentation of charges and determination of def endant’s representation in the

case. At the initial appearance hearing, the court will inform the defendant of the dates for the pre-trial hearing, plea hearing, and trial. If counsel enters the case and waives the initial appearance,

the initial appearance will be cancelled (vacated), and the case will proceed to pre-trial. If a warrant

has been issued, the initial appearance hearing will be conducted upon defendant’s apprehension.

c. Pre-trial Hearing. A pre-trial hearing is set between 30-40 days after the initial appearance,

after taking into consideration the availability of the State’s Attorney and defense counsel.

d. Plea Offer. The State’s Attorney has agreed to make a plea offer with sentencing guidelines in

advance of the pre-trial date. If the defendant accepts the plea offer, the State’s Attorney will

notify the criminal assignment office and a plea date will be set or an existing event date will be

used for the plea.

e. Motions Hearing. Motions hearings are scheduled by the criminal assignment office upon

request of either the state or the defense, and will normally be scheduled within 30 days from the

pre-trial hearing date. Every attempt will be made to schedule the motions hearing w ithout

postponing future, pre-established court events.

f. Plea Hearing. If a plea has not been entered and accepted by the court by the pre-trial hearing

date, a plea hearing date is set within 45 days after the pre-trial hearing date.

g. Trial. If the defendant does not accept the plea offer, the case will proceed to trial

approximately 45 days from the plea hearing date. The Court’s goal is to complete processing of

Criminal Track 3 cases to verdict, plea or disposition within 160 days of init ial appearance of the

defendant or entry of counsel.

h. Sentencing Hearing If the plea has been accepted and the court has taken the plea, the

sentencing hearing will be scheduled within 30 days of the plea hearing date, unless a pre-sentence

investigation is ordered. If the case proceeds to trial and the defendant is found guilty of the

charges, sentencing will be scheduled within 30 days of verdict, unless a pre-sentence investigation

is ordered. If a pre-sentence investigation report is ordered, sentencing will be scheduled within

60 – 90 days of plea or verdict.

i. Time Standard. The Court’s goal is to complete processing of Criminal Track 2 cases to

verdict, plea or disposition within 120 days of initial appearance of the defendant or entry of

counsel.

Table 4

Track 3 – Violent Felony Cases

Court Event Timing

Case Initiation Case filing by State’s Attorney in Circuit

Court

Arraignment Within 15 days of filing

Motions Hearings (Discovery)

Complete

30 days prior to trial

[Pretrial Status Conference] 15 days prior to trial

Trial Within 150 days of filing

Sentencing (if guilty) Same day or 30 days after trial typically