Charles Cnty. Cir. Ct. Criminal DCM Plan 5

The defendant shall be present at the pretrial/plea hearing, as the pretrial/plea hearing is

expected to be a meaningful event. The defendant’s attendance at a pretrial/plea hearing

may not be waived. If the defendant is represented by counsel, the principal attorney

responsible for the representation of defendant and the principal prosecutor assigned to

the case shall be present. The defendant may plead guilty at this hearing.

If the parties negotiate a plea agreement after the pretrial/plea hearing, it is the

responsibility of the attorneys to notify the Assignment Office no later than 4:00 p.m. the

workday prior to trial, that a jury is no longer needed for the case. The defendant may

plead guilty on the trial date.

Trial

JTP and District Court appeal trials will be scheduled on a date approximately 60 days of

the first scheduled event in the circuit court. The judge will determine the order in which

trials will commence. The court will make every effort to dispose of all scheduled trials on

the trial date. Any postponement requests will be addressed by the County Administrative

Judge or his/her designee.

Sentencing

Sentencing may take place immediately following the entry of a guilty plea or a guilty

verdict. If a pre-sentence investigation (PSI) is ordered, the sentencing hearing should be

held within 30 days after the plea or trial date.

Track 2 - Non-Violent Felony Cases

Track 2 cases are primarily non-violent felony cases under the original jurisdiction of the

circuit court.

Filing

All Track 2 cases are initiated in the circuit court by the State’s Attorney by Information or

Indictment by the grand jury.

Scheduling

The trial date must be scheduled within 30 days after the entry of appearance of counsel or

the first appearance of the defendant, whichever occurs first. The trial date shall be set

within 90 days of these events. When the trial date is set at the initial appearance, the

defendant/defendant’s attorney is informed of the dates and receives a hearing notice. No

judge assignment will be made until after the plea or trial date. The judge who presided

over the plea/trial will be assigned for sentencing. Initial hearing dates will not be cleared

with counsel. Any motions for postponements based on officer, witness or attorney

unavailability must be filed, in writing, within two weeks of the initial appearance.

Initial Appearance

An initial appearance is required in circuit court when a defendant has been arrested on a

warrant and brought directly to circuit court, or appears following the issuance of a felony

summons by a law enforcement officer. The purpose of the initial appearance is to:

1. Inform defendant of charges and possible penalties;

2. Advise the defendant of the right to counsel and provide referral to the Office of the

Public Defender, if requested; and

3. Ensure the defendant has a copy of the charging document.

The defendant must appear at the Initial Appearance. The defendant may plead guilty at

this hearing.

Discovery Status/Regarding Counsel Hearing

A discovery status/regarding counsel hearing will be scheduled for Track 2 cases within 30

days of the defendant's initial appearance in circuit court. The court will inquire as to: the

status of discovery; whether or not the defendant has representation; and whether plea

negotiations have occurred. If the defendant does not have counsel, he/she will be advised,

again, of his/her right to representation and that, if he/she appears at the next hearing

without an attorney, he/she may be deemed to have waived the right to an attorney, and

the case may proceed with the defendant representing himself/herself. The defendant

must appear at the discovery status/regarding counsel hearing unless counsel has entered

their appearance. Defendant’s counsel may waive defendant’s appearance at the discovery

status/regarding counsel hearing. The defendant may plead guilty at this hearing.

Motions Hearing

A motions hearing will be scheduled for all Track 2 cases approximately 30 days prior to

trial. Some motions may be heard in court or decided by a judicial ruling by written order,

without a hearing. A response to a motion, if made, must be filed within 15 days after

service of the motion. Hearings on motions must be held, where practicable, before the day

of trial.

Mandatory motions include matters that must be raised, or may be automatically waived, if

not filed within 30 days after the first appearance of the defendant or the entry of

appearance by counsel, except as a result of discovery filings, and filed within 5 days of

receipt of discovery. Mandatory motions include:

1. Defect in the institution of the prosecution;

2. Defect in the charging document other than its failure to show jurisdiction in the

court or its failure to charge an offense;

3. Unlawful search and seizure, interception of wire or oral communication, or pretrial

identification;

4. Unlawfully obtained admission, statement or confession; and

5. Request for joint or separate trials of defendants or offenses.

The defendant’s attendance at a motions hearing may not be waived, unless mandatory

motions have been withdrawn prior to the motions hearing date.

A motion for transfer to juvenile court, though not considered mandatory, must be filed

separately, and is considered waived under the same time restrictions as mandatory

motions.

The defendant may plead guilty at the motions hearing.

Pretrial/Plea Hearing

A pretrial/plea hearing will be scheduled one week prior to the trial date. Any unresolved

pretrial motions will be addressed at this time. At the pretrial/plea hearing, the State’s

Attorney and defense counsel must present either a negotiated plea agreement, or a jointly-

signed trial readiness checklist. If the parties reach a plea agreement, the judge will take the

plea on that date.

A trial readiness checklist will include the following elements:

1. All discovery has been completed;

2. All “mandatory” motions, other than permitted dispositive motions, have been

submitted;

3. Number, names and addresses of witnesses who may be called to testify at trial;

4. A statement that the parties have, in good faith, attempted to resolve the matter; and

5. A statement that both sides are prepared to go to trial on the trial date.

The defendant shall be present at the pretrial/plea hearing, as the pretrial/plea hearing is

expected to be a meaningful event. The defendant’s attendance at a pretrial/plea hearing

may not be waived. If the defendant is represented by counsel, the principal attorney

responsible for the representation of defendant and the principal prosecutor assigned to

the case shall be present. The defendant may plead guilty at this hearing.

If the parties negotiate a plea agreement after the pretrial/plea hearing, it is the

responsibility of the attorneys to notify the Assignment Office no later than 4:00 p.m. the

workday prior to trial, that a jury is no longer needed for the case. The defendant may

plead guilty on the trial date.

Trial

Track 2 case trials will be scheduled on a date approximately 90 days of the initial

appearance in the circuit court. The court will determine the order in which trials will

commence. The court will make every effort to dispose of all scheduled trials on the trial

date. Any postponement requests will be addressed by the County Administrative Judge or

his/her designee. The defendant may plead guilty at this hearing.

Sentencing

Sentencing may take place immediately following the entry of a guilty plea or a guilty

verdict. If a pre-sentence investigation (PSI) is ordered, the sentencing hearing should be

held within 60 days after the plea or trial date.

Track 3 - Felony Cases

Track 3 cases are felony cases under the original jurisdiction of the circuit court wherein

the defendant's exposure is imprisonment for 20 years or more, but less than life.

Filing

All are initiated in the circuit court by the State’s Attorney by Information or Indictment by

the grand jury.

Scheduling

The trial date must be scheduled within 30 days after the entry of appearance of counsel or

the first appearance of the defendant, whichever occurs first. The trial date shall be set

within 120 days of these events. When the trial date is set at the initial appearance, the

defendant/defendant’s attorney is informed of the dates and receives a hearing notice. No

judge assignment will be made until after the plea or trial date. The judge who presided

over the plea/trial will be assigned for sentencing. Initial hearing dates will not be cleared

with counsel. Any motions for postponements based on officer, witness or attorney

unavailability must be filed, in writing, within two weeks of the initial appearance.

Initial Appearance

An initial appearance is required in circuit court when a defendant has been arrested on a

warrant and brought directly to circuit court, or appears following the issuance of a

summons. The purpose of the initial appearance is to:

1. Inform defendant of charges and possible penalties;

2. Advise the defendant of the right to counsel and provide referral to the Office of the

Public Defender, if requested; and

3. Ensure the defendant has a copy of the charging document.

The defendant must appear at the Initial Appearance. The defendant may plead guilty at

this hearing.

Discovery Status/Regarding Counsel Hearing

A discovery status/regarding counsel hearing will be scheduled for Track 3 cases within 30

days of the defendant's initial appearance in circuit court. The court will inquire as to: the

status of discovery; whether or not the defendant has representation; and whether plea

negotiations have occurred. If the defendant does not have counsel, he/she will be advised,

again, of his/her right to representation and that, if he/she appears at the next hearing

without an attorney, he/she may be deemed to have waived the right to an attorney, and

the case may proceed with the defendant representing himself/herself. The defendant

must appear at the discovery status/regarding counsel hearing unless counsel has entered

their appearance. Defendant’s counsel may waive defendant’s appearance at the discovery

status/regarding counsel hearing. The defendant may plead guilty at this hearing.

Motions Hearing

A motions hearing will be scheduled for all Track 3 cases approximately 60 days prior to

trial. Some motions may be heard in court or decided by a judicial ruling by written order,

without a hearing. A response to a motion, if made, must be filed within 15 days after

service of the motion. Hearings on motions must be held, where practicable, before the day

of trial.

Mandatory motions include matters that must be raised, or may be automatically waived, if

not filed within 30 days after the first appearance of the defendant or the entry of

appearance by counsel, except as a result of discovery filings, and filed within 5 days of

receipt of discovery. Mandatory motions include:

1. Defect in the institution of the prosecution;

2. Defect in the charging document other than its failure to show jurisdiction in the

court or its failure to charge an offense;

3. Unlawful search and seizure, interception of wire or oral communication, or pretrial

identification;

4. Unlawfully obtained admission, statement or confession; and

5. Request for joint or separate trials of defendants or offenses.

The defendant’s attendance at a motions hearing may not be waived, unless mandatory

motions have been withdrawn prior to the motions hearing date.

A motion for transfer to juvenile court, though not considered mandatory, must be filed

separately, and is considered waived under the same time restrictions as mandatory

motions.

The defendant may plead guilty at the motions hearing.

Pretrial/Plea Hearing

A pretrial/plea hearing will be scheduled one week prior to the trial date. Any unresolved

pretrial motions will be addressed at this time. At the pretrial/plea hearing, the State’s

Attorney and defense counsel must present either a negotiated plea agreement, or a jointly-

signed trial readiness checklist. If the parties reach a plea agreement, the judge will take the

plea on that date.

A trial readiness checklist will include the following elements:

1. All discovery has been completed;

2. All “mandatory” motions, other than permitted dispositive motions, have been

submitted;

3. Number, names and addresses of witnesses who may be called to testify at trial;

4. A statement that the parties have, in good faith, attempted to resolve the matter; and

5. A statement that both sides are prepared to go to trial on the trial date.

The defendant shall be present at the pretrial/plea hearing, as the pretrial/plea hearing is

expected to be a meaningful event. The defendant’s attendance at a pretrial/plea hearing

may not be waived. If the defendant is represented by counsel, the principal attorney

responsible for the representation of defendant and the principal prosecutor assigned to

the case shall be present. The defendant may plead guilty at this hearing.

If the parties negotiate a plea agreement after the pretrial/plea hearing, it is the

responsibility of the attorneys to notify the Assignment Office no later than 4:00 p.m. the

workday prior to trial, that a jury is no longer needed for the case. The defendant may

plead guilty on the trial date.

Trial

Track 3 case trials will be scheduled on a date approximately 120 days of the initial

appearance in the circuit court. The court will determine the order in which trials will

commence. The court will make every effort to dispose of all scheduled trials on the trial

date. Any postponement requests will be addressed by the County Administrative Judge or

his/her designee. The defendant may plead guilty at this hearing.

Sentencing

Sentencing may take place immediately following the entry of a guilty plea or a guilty

verdict. If a pre-sentence investigation (PSI) is ordered, the sentencing hearing should be

held within 60 days after the plea or trial date.

Track 4 - Complex/Major Felony Cases

Track 4 cases are complex/major felony cases (such as murders, rapes, etc.) under the

jurisdiction of the circuit court. All are initiated in the circuit court by the State’s Attorney

by Information or Indictment. Track 4 cases will be assigned a judge who will handle all

aspects of the case.

Scheduling

The trial date must be scheduled within 30 days after the entry of appearance of counsel or

the first appearance of the defendant, whichever occurs first. The trial date shall be set

within 120-150 days of these events. Track 4 complex/major felony cases will be assigned

to a judge selected randomly by the court computer system. Track 4 cases will be assigned

a trial date at the scheduling conference.

Initial Appearance

An initial appearance is required in circuit court when a defendant has been arrested on a

warrant and brought directly to circuit court, or appears following the issuance of a

summons. The purpose of the initial appearance is to:

1. Inform defendant of charges and possible penalties;

2. Advise the defendant of the right to counsel and provide referral to the Office of the

Public Defender, if requested; and

3. Ensure the defendant has a copy of the charging document.

The defendant must appear at the Initial Appearance. The defendant may plead guilty at

this hearing.

Regarding Counsel

If the defendant is not represented at the initial appearance by counsel, a regarding counsel

hearing will be scheduled two weeks after the initial appearance to confirm whether the

defendant has applied to the Office of the Public Defender for services, has retained private

counsel, has elected to represent himself/herself, or has taken no action. If an attorney’s

appearance is entered prior to the Regarding Counsel hearing date, the defendant will not

need to appear, and the date will be vacated. If no attorney’s appearance has been entered,

the defendant must appear and will be advised, again, of his/her right to representation

and that, if he/she appears at the next hearing without an attorney, he/she may be deemed

to have waived the right to an attorney, and the case may proceed with the defendant

representing himself/herself.

Scheduling Conference

A scheduling conference with the assigned judge and the assigned Assistant State’s

Attorney and the defendant or defendant’s attorney will be set for Track 4 cases within 30

days of the initial appearance in the circuit court. Discovery issues and all dates, including

the trial date, will be set with the assistance of the Assignment Office at the scheduling

conference.

Discovery Status

A discovery status will be scheduled as determined at the scheduling conference. The court

will inquire as to the status of discovery, whether or not the defendant has representation,

and whether plea negotiations have occurred. Defendant’s counsel may waive defendant’s

appearance at the discovery status hearing. The defendant may plead guilty at this hearing.

Motions Hearing

A motions hearing will be scheduled as determined at the scheduling conference for all

Track 4 cases. Some motions may be heard in court or decided by a judicial ruling by

written order, without a hearing. A response to a motion, if made, must be filed within 15

days after service of the motion. Hearings on motions must be held, where practicable,

before the day of trial.

Mandatory motions include matters that must be raised, or may be automatically waived, if

not filed within 30 days after the first appearance of the defendant or the entry of

appearance by counsel, except as a result of discovery filings, and filed within five days of

receipt of discovery. Mandatory motions include:

1. Defect in the institution of the prosecution;

2. Defect in the charging document other than its failure to show jurisdiction in the

court or its failure to charge an offense;

3. Unlawful search and seizure, interception of wire or oral communication, or pretrial

identification;

4. Unlawfully obtained admission, statement or confession; and

5. Request for joint or separate trials of defendants or offenses.

The defendant’s attendance at a motions hearing may not be waived, unless mandatory

motions have been withdrawn prior to the motions hearing date.

A motion for transfer to juvenile court, though not considered mandatory, must be filed

separately, and is considered waived under the same time restrictions as mandatory

motions.

The defendant may plead guilty at the motions hearing.

Pretrial/Plea Hearing

A pretrial/plea hearing will be scheduled one week prior to the trial date. Any unresolved

pretrial motions will be addressed at this time. At the pretrial/plea hearing, the State’s

Attorney and defense counsel must present either a negotiated plea agreement, or a jointly-

signed trial readiness checklist. If the parties reach a plea agreement, the judge will take the

plea on that date.

A trial readiness checklist will include the following elements:

1. All discovery has been completed;

2. All “mandatory” motions, other than permitted dispositive motions, have been

submitted;

3. Number, names and addresses of witnesses who may be called to testify at trial;

4. A statement that the parties have, in good faith, attempted to resolve the matter; and

5. A statement that both sides are prepared to go to trial on the trial date.

The defendant shall be present at the pretrial/plea hearing, as the pretrial/plea hearing is

expected to be a meaningful event. The defendant’s attendance at a pretrial/plea hearing

may not be waived. If the defendant is represented by counsel, the principal attorney

responsible for the representation of defendant and the principal prosecutor assigned to

the case shall be present. The defendant may plead guilty at this hearing.

If the parties negotiate a plea agreement after the pretrial/plea hearing, it is the

responsibility of the attorneys to notify the Assignment Office no later than 4:00 p.m. the

workday prior to trial, that a jury is no longer needed for the case. The defendant may

plead guilty on the trial date.

Trial

Track 4 case trials will be scheduled on a date approximately 120-150 days of the initial

appearance in the circuit court. The court will determine the order in which trials will

commence. The court will make every effort to dispose of all scheduled trials on the trial

date. Any postponement requests will be addressed by the Administrative Judge or his/her

designee. The defendant may plead guilty at this hearing.

Sentencing

Sentencing may take place immediately following the entry of a guilty plea or a guilty

verdict. If a pre-sentence investigation (PSI) is ordered, the sentencing hearing should be

held within 60 days after the plea or trial date.

Post-Judgment Hearings

All violation of probation hearings and any other post-judgment hearings will be scheduled

as directed by the trial judge.

Criminal Postponement Policy

It is the policy of the Circuit Court for Charles County, Maryland to provide timely justice

for citizens. For all of its case types and dockets, the court discourages requests to postpone

court events.

Pursuant to Maryland Rule 16-105(d), trial postponement requests shall be considered by

the County Administrative Judge or his/her designee. The County Administrative Judge or

his/her designee shall be authorized to make good cause findings and to rule on waivers of

the Hicks requirement. Postponement of criminal trial dates shall be handled on the record,

with the defendant present.

Postponement motions must be in writing. Each postponement motion must state the

reason(s) and the opposing party’s position. The court will grant a postponement only for

good cause shown. The court will evaluate, on a case-by-case basis, whether sufficient

cause justifies a postponement. As a guide for practitioners, the following reasons will,

generally, not be considered sufficient cause to grant a postponement:

1. Counsel or the parties agree to a postponement;

2. The case has not previously been postponed;

3. Discovery has not been completed;

4. New counsel has entered an appearance or a party wants to retain new counsel;

5. Unavailability of a witness who has not been subpoenaed;