Frederick Cnty. Cir. Ct. Criminal DCM Plan (introduction)

FREDERICK COUNTY CIRCUIT COURT

CRIMINAL DIFFERENTIATED

CASE MANAGEMENT PLAN

January 2023

This Plan has been approved by the County Administrative Judge of the Circuit Court for Frederick

County, upon authority of the Chief Justice of the Supreme Court of Maryland.

Table of Contents

OVERVIEW

This Criminal Differentiated Case Management (DCM) Plan is established in accordance with Md.

Rule 16-302(b), which requires the County Administrative Judge to develop, and upon approval by

the Chief Justice of the Supreme Court of Maryland, implement and monitor a case management plan

for the prompt and efficient scheduling and disposition of actions filed in the Circuit Court.

Statement of Purpose

This Criminal DCM Plan has been created to provide effective case management in compliance with

the Maryland Rules, while also providing a predictable course of action and timely resolution for all

criminal cases. To enable just and efficient resolution of cases, without compromising due process,

the Court will schedule meaningful events, included in several tracks to facilitate timely disposition.

Postponement requests are governed by a written policy approved by the County Administrative

Judge, with a view to curbing delay wherever possible.

It is the purpose of this DCM Plan to provide an effective case management system which will assure:

 Equal treatment of all defendants by the Court;

 Timely disposition consistent with the circumstances of the individual case;

 Enhancement of the quality of the criminal case process;

 Effective and efficient use of judicial system resources; and

 Public confidence in the Court as an institution.

Case Management

The policies and procedures outlined in this plan shall be implemented by all judges, the Deputy

Court Administrator, and various Assignment Office and Clerk’s Office staff. The County

Administrative Judge supervises all aspects of criminal case management and is ultimately

responsible for the implementation of this Criminal Case Management Plan, pursuant to Md. Rule 16-

302(b). The County Administrative Judge may designate certain judges to hear various criminal

matters and makes final decisions about whether and to whom a case should be specially assigned,

when necessary.

All judges are responsible to comply with and implement in their rulings the provisions of this plan.

Individual judges are responsible for the effective management of cases specially assigned to them;

however, the scheduling of specially assigned cases must always be coordinated with the Assignment

Office. Specially assigned cases should be managed to the extent possible consistent within the

provisions of this plan, including adherence to the case time standards.

CASE PROCESSING – ALL CRIMINAL CASE TYPES

Circuit Court criminal case processing in Maryland is complex and involves multiple stakeholders,

courts, and agencies. It begins with a felony or misdemeanor that typically is first filed as a complaint

in the District Court. For some felonies, including homicides, an investigation may occur and an

arrest made after an indictment by a grand jury. Even for these cases, the defendant is first brought

before a District Court judge.

The DCM Plan for Circuit Court criminal case types includes both felony and misdemeanor cases.

Felony cases typically originate in the District Court and are filed as an indictment or information in

the Circuit Court by the State’s Attorney. Misdemeanor cases are predominantly heard in the District

Court and are filed in Circuit Court on a prayer for jury trial (JTP) at the discretion of the defense. A

jury trial may be requested at any stage of the process, up to the trial and judgment. If a jury trial is

requested, the case must be heard in Circuit Court. (In addition, the DCM Plan includes reopened

cases for violations of probation and modifications.)

All Tracks – District Court Case Initiation

Criminal cases can be initiated by a summons or by arrest and the filing of a complaint in District

Court. Most felony cases are initiated by arrest but may be issued by summons. See District Court

case processing for the procedures and steps required for a case to reach the Circuit Court. A very

small number of cases are initiated at the Circuit Court by indictment and first appearance, without

initial arrest and review for probable cause by the District Court.

Summons Cases

A summons is a notice to appear in court to face charges at a trial. Summons cases are primarily for

misdemeanors, but can be used for felonies. Most will only reach the Circuit Court upon a JTP or

appeal from District Court. A small number of felony charge types may be initiated by summons.

Arrest Cases – Initial

Arrests may be made on defendants based upon an arrest warrant or “on-view” immediately

following a crime. Arrest warrants are either issued by District Court commissioners at the request of

a law enforcement officer, and are based on probable cause, or by a Circuit Court judge after a grand

jury indictment.

Following arrest on a warrant, the defendant must be taken before a District or Circuit Court judicial

officer within 24 hours for the District Court and no later than the next session held in Circuit Court

to determine eligibility for pretrial release and advising of rights to counsel.

CRIMINAL CASE TRACK DESIGNATIONS

A criminal case may follow one of four distinct tracks to resolution. Tracks are defined at the time of

filing, based on the case type or highest charge, as well as estimated length of trial. See Table 1.1 and

Diagrams 1.1 through 4.1. Tracks define expected case processing events, the timing of events,

assignment, and the expectations for case duration.

Consistent with the case time standards adopted by the Judicial Council, Constitutional requirements,

and applicable Maryland Rules, it is the goal of this plan to ensure that time standards are met

whenever possible. The time standard for all Circuit Court criminal cases is 180 days from the first

court appearance of defendant or the entry of appearance by counsel to disposition1. It is the goal of the

Circuit Court to conclude 98% of cases within these case time standards. In order to achieve this goal,

the Circuit Court is committed to resolving different categories of cases within regular and

predictable time frames warranted by the needs of the individual case. Expected case duration is

based on a consensus of needed time to reach disposition, which may be less than the time standard.

1 Disposition may include a number of verdicts, judgments, or other outcomes. It is not sentencing.

Table 1.1 – Criminal Tracks, Case Type/Highest Charge, and Outcomes

Expected Case

Track Case Types or Highest Charge Types

Duration and Notes

Track 1: 1. Misdemeanors 96 days to disposition;

Jury Trial Prayers, 2. Felonies w/ District Court track designated upon transfer

District Court Appeals jurisdiction from District Court, based upon

3. Motor Vehicle cases Appeal, or Prayer for Jury Trial

Track 2: Indictment or Information cases with 150 days to disposition;

Standard Criminal estimated trial length of 3 days or track designated at filing based

Cases less (with the exception of charges upon highest charge and

involving a death, possible life estimated trial length contained

sentence or multiple defendants) in Memorandum from State’s

Attorney’s Office.

Track 3: Indictment or Information cases with 180 days to disposition;

Complex Cases charges involving a death, possible track designated at filing based

life sentence, multi-defendant, and upon highest charge and

any case with an estimated trial estimated trial length contained

length of 4 or more days. in Memorandum from State’s

Attorney’s Office. Cases custom

managed by judge specially

assigned to each case.

Track 4: 1. Violations of Probation 90 days to disposition

Reopened Cases 2. Modifications

3. Post Convictions

4. Sentence Review Panels

Track Designations Set at Filing

The Clerk’s Office staff will be responsible for designating and assigning the appropriate track at case

initiation or reopening, based upon the information above. Any adjustments to track designation

that may need to be made at a later date will be the responsibility of the Assignment Office and/or

the Deputy Court Administrator.

If there is any confusion or question as to the appropriate track designation by any of the above-mentioned staff, the matter may be sent to the County Administrative Judge for review and

recommendation of track designation.

TRACK 1 – JURY TRIAL PRAYERS and DISTRICT COURT APPEALS

General Overview

JTPs and District Appeals, primarily for misdemeanor and serious traffic cases, are a constitutionally

guaranteed right for most criminal charges in Maryland. The history of JTPs and appeals and their

scope of access to defendants have been debated at length with several recent, unsuccessful attempts

at narrowing its scope through legislation. The standard threshold is an offense that is punishable by

incarceration (CP §6-101) or a $500 fine.

Filing

JTPs are filed by the District Court upon motion/verbal request of the defense. The District Court

usually files a JTP in Circuit Court within 30 days of a request. Appeals from District Court must be

filed by the defense within 30 days of entry of a judgment or order.

State’s Attorney

A charging document filed in the Circuit Court may be:

 An indictment (see Tracks 2 & 3 below);

 An information (see Tracks 2 & 3 below); or

 A District Court charging document for an offense on which the defendant demands a jury

trial or appeal from judgment.

Assignment

Following filing, JTPs and District Court appeals are assigned to a specialty docket for pre-trial

and/or trial according to the following guidelines, and the Clerk’s Office will enter the “Criminal

Track 1” event code in the case management system upon receipt of the filing from the District Court.

 All JTPs and District Court appeals are scheduled for trial within 60-90 days

 Pre-Trial Conferences are often, but not always, scheduled in JTPs and District Court appeal

cases, but if they are scheduled, they are scheduled to be held within five weeks

Arraignment

All defendants in JTPs are given dates in the District Court to appear in Circuit Court. The initial date

is for Arraignment/Pre-Trial Conference, and the trial date gets assigned, as well.

Discovery (Motions Hearings)

For most JTPs and District Court appeals, formal discovery is not required, with the assumption that

discovery took place in the District Court.

Bail Review motions are sent to the County Administrative Judge for a ruling. The motion is either

denied or is sent to the Assignment Office for scheduling of a hearing within a week.

Pre‐Trial Conference

In JTP cases, where a Pre-Trial Conference is set, it is held approximately five weeks after the jury

demand is received by the Circuit Court. In appeal cases there is no Pre-Trial Conference set, unless

the offense appealed carries the possibility of incarceration. A Pre-Trial Conference is set

approximately four weeks after the filing of the appeal on offenses that carry the possibility of

incarceration.

Trial

For JTP and Criminal Appeal cases, upon transfer, the attorney of record in District Court is

automatically entered into in the Circuit Court.2 In Frederick County, most JTPs and District Court

appeals are not resolved by a jury trial. Many are resolved by plea. The following is the Frederick

County Circuit Court guideline for plea agreements in JTPs and District Court appeals:

Plea Policy: Track 1

Jury Demands: The defendant may plead guilty before the assigned trial judge; where a Pre-Trial

Conference may be scheduled, before the judge handling that docket; or the trial judge. If a defendant

is already on probation before a Circuit Court judge, the defendant may seek leave to plead guilty

before and/or be sentenced by that judge.

Appeals: The defendant may plead guilty before the judge assigned to handle the Pre-Trial

Conference docket or the judge assigned to the Trial Docket. If a defendant is already on probation

before a Circuit Court judge, the defendant may seek leave to plead guilty before and/or be sentenced

by that judge.

2 Md. Rule 4-214(a).

Sentencing

For some cases, both plea bargains and trials, and depending on the status of the defendant, a

sentence is imposed by a judge immediately following adjudication. Although not common in Track 1

cases, judges may also order a presentence investigation (PSI) to help make a sentencing decision.

For JTPs and District Court Appeals, a PSI is rarely ordered by the judge. If ordered, the sentencing

hearing may be postponed to a later hearing date. In most cases, a judge will require that the State’s

Attorney provide a criminal history of the defendant in order to determine an appropriate sentence.

Previous convictions are considered in the sentencing guidelines. Time spent in custody must be

considered when any sentence includes incarceration. The critical path issue for sentencing is a PSI.

If a PSI is required to determine criminal history, mental capacity, or for any other reason, the judge

may postpone the sentencing. In most courts, sentencing may be postponed up to 60 or more days.

The outcome of a guilty verdict may include a fine and/or probation, and/or a period of incarceration

in the county jail or in state prison.

Jury Trial Prayed – Process Summary

When a defendant appears in District Court and prays a jury trial, the defendant is immediately given

a Pre-Trial Conference date (or arraignment date if not represented by counsel) and a trial date,

which has been supplied by the Assignment Office. The Pre-Trial Conference/Arraignment Hearing is

set five weeks later on a Friday with the trial date being set on a Monday, five weeks after the Pre-Trial Conference.

The defendant may elect to plead guilty instead of going to trial by either pleading guilty to all of the

charges or to those charges negotiated in a plea agreement. The State’s Attorney may also elect to

place a case on the Stet (inactive or stayed) docket, with conditions that the defendant is required to

fulfill or face prosecution. If the conditions associated with the Stet are fulfilled or complied with, the

case is removed from the Stet docket and the State’s Attorney enters a Nolle Prosequi. If the

conditions are not met or violated, the case is reopened and a pre-trial hearing is set to determine

how it will be handled – by trial, plea, a Nolle Prosequi, etc.

Jury Trial Prayed – Timeline

Discovery Completed in District Court

Pre-Trial Conference Within 40 days of filing (if needed)

Trial Within 90 days of filing

Sentencing Usually same day or 30 – 60 days after verdict

DISPOSITION TIME GOAL WITHIN 96 DAYS

Diagram 1.1 – Jury Trial Prayed

Jury Trial Demanded by

Defendant in District Court

Md. Rule 4‐301(b)

District Court gives Defendant a Pre‐Trial Conference and/or

Arraignment Date 5 weeks later (on a Friday) and a Trial Date 5

weeks after PTC (on a Monday)

Yes

Guilty

Plea at

PTC?

No

Case placed on

Stet Docket

Trial

Md. Rule 4‐311

Stet No

Successful Guilty

Yes

No

Yes Case Closed

Pretrial

Conference

No

Guilty Sentencing

Plea? Md. Rule 4‐342

Yes

Remains as Stet (Rule

4‐248) or SAO enters a

Nolle Prosequi (Rule 4‐

247)

Note: Pleas, Stets, and Nolle Prosequi’s may be taken at the Pre-trial Conference and do not need to wait for the

Trial Date. Trial Dates may also be expedited for the same reason.

District Court Appeals – Process Summary

Appealed cases from District Court are tried de novo.

Non-jailable appeals (criminal and motor vehicle) receive a trial date only and do not receive a Pre-Trial Conference or Arraignment. The trial date is set by the Clerk’s Office on a Monday at 9 a.m., five

weeks from receipt of the filing, pursuant to a schedule provided by the Assignment Office.

If the appeal is for an offense which carries jail time, an Arraignment/Pre-Trial Conference is set by

the Clerk’s Office at 9 a.m. on a Friday, which is four weeks after the filing. At the Arraignment, the

judge will give the trial date to the defendant, generally four weeks later on a Monday at 9 a.m. If an

attorney enters for the defendant, the Arraignment is vacated by the Clerk’s Office, the file is

forwarded to the Assignment Office for them to clear dates for a Pre‐Trial Conference, which is set

generally three weeks later on a Friday at 9 a.m. after Assignment Office receives the file. The trial

date is set 5 weeks after the Pretrial Conference/Arraignment, on a Monday at 9 a.m.

District Court Appeals – Timeline

Discovery Completed in District Court

Pre-Trial Conference Within 40 days of filing (if needed)

Trial Within 90 days of filing

Sentencing Usually same day or 30 – 60 days after verdict

DISPOSITION TIME GOAL WITHIN 96 DAYS

Diagram 1.2. – District Court Appeals

Non – Jailable Jailable

Appeals Criminal & Motor Vehicle Appeals

Trial Date

set 5 weeks from filing Arraignment

on Monday at 9 AM by set 4 weeks from filing on

Clerk’s Office Friday at 9 AM by Clerk’s Office

Attorney enters

(Arraignment Vacated)

PTC PTC

set 3 weeks from set in 4 weeks on

entry on Friday at Friday at 9 AM

9 AM by AO

Trial Date

set 5 weeks after PTC

on Monday by AO

Judge sets Trial Date

generally 4 weeks later

on Monday at 9 AM

Note: Pleas, Stets, and Nolle Prosequi’s may be taken at the Pre-Trial Conference and do not need to wait for the

Trial Date. Trial Dates may also be expedited for the same reason. If one of these events occurs, the same

procedures will apply as for Jury Trial Prayed.

TRACKS 2 and 3 – STANDARD AND COMPLEX FELONY CASES

General Overview

Circuit Court Criminal Tracks 2 and 3 are primarily felony cases under the jurisdiction of the Circuit

Court. All are initiated in the Circuit Court by the State’s Attorney either by Criminal Information or

Criminal Indictment. The rules of procedure are the same following filing in Circuit Court. Both an

Indictment and a Criminal Information are forms of a charging document. The primary distinction is

that probable cause is determined by the District Court for a criminal information and by a grand jury

for an indictment. A Criminal Indictment must be signed by the State’s Attorney or representative.

Criminal Information

Criminal Information cases are primarily criminal felony cases for which the Circuit Court has

exclusive jurisdiction. These originate in District Court, where the initial appearance, bond review,

and arraignment all occur. If the defendant requests one, a preliminary hearing is held, where a

District Court order determines if probable cause exists to forward charges to the Circuit Court.

Criminal Indictments

Criminal Indictments are cases that have been brought before a grand jury for determination of

probable cause and indictment. The number of cases presented to a grand jury are determined by the

Office of the State’s Attorney. In most felony cases, following an arrest, the State’s Attorney’s Office

investigates and proceeds with an indictment of suspects before the grand jury. A grand jury

indictment obviates the need for a preliminary hearing in District Court.

State’s Attorney

Indictments may take place while a defendant is being processed in District Court, following an

arrest. Following a grand jury indictment, a defendant is served with a summons to appear in Circuit

Court (Md. Rule 4-212). An arrest warrant may be issued by a Circuit Court judge upon request of the

State’s Attorney and a finding by a Circuit Court judge of probable cause and that there is a

substantial likelihood that the defendant will not respond to a summons. A warrant may also be

issued for a defendant in custody for the same or another offense for which the defendant has

previously been determined ineligible for release. A detainer is issued on a defendant who is

incarcerated on another offense.

A charging document must include the name of the defendant, the facts of the offense, and a citation

of the statute or other authority. In addition, the charging document advises the defendant of basic

rights, including: to appear before a judicial officer to determine eligibility for release, to a lawyer,

and to a lawyer from the Public Defender’s Office, if eligible. A peace officer or a judicial officer must

sign a sworn statement of charges. An information or indictment may be signed by the State’s

Attorney or other authorized authority as well as the foreperson of the Grand Jury.

Discovery

In most indictment cases, an investigation is conducted by the State’s Attorney’s Office, working with

law enforcement, following a crime. The investigation may occur at any time, both before the filing of

an information or indictment, or during the Circuit Court case. The purpose of an investigation is to

gather evidence and information relating to a crime and the possible involvement of a person. Time

limits on investigations are generally governed by statutes of limitations on prosecuting a crime.

While not considered a significant event in terms of the use of judicial time, discovery and the issues

surrounding it are critical to the challenge of early dispositions, diversion, and trial readiness.

Effective, transparent discovery promotes procedural justice. Plea negotiations are a key component

of early dispositions, and diversion and should be conducted as early as possible in the process in

order to increase communication and a just resolution as early as possible.

Arraignment

An Arraignment Hearing is required in Circuit Court, unless an attorney enters his or her appearance

on behalf of the defendant. The purpose of the arraignment is to:

 Inform the defendant of the charges, their right to an attorney, and the possible penalty;

 Ensure that the defendant has a copy of the charging document; and

 Ensure future court proceedings are scheduled.

At the Arraignment Hearing, if the defendant does not have counsel, the judge will advise the

defendant of the right to counsel and notify the defendant of the availability and/or location of the

Office of the Public Defender. Additionally, the Court advises the defendant that the District Court

Commissioner determines eligibility for the services of the Office of the Public Defender.

For most felony cases, attorneys who have entered their appearance in District Court must reenter

their appearance in Circuit Court.

Assignment and Scheduling

By rule, the trial date must be set within 30 days after the entry of appearance of counsel or the first

appearance of the defendant, whichever comes first. The trial date shall not be set later than 180

days after these events.3 If an Arraignment Hearing has been waived for defendants represented by

counsel, a notice is served by mail or in person for the next scheduled event.

 All felony cases are set for an arraignment within 30 days of filing, unless an attorney has

entered an appearance with the Circuit Court as part of the filing process. An attorney may

enter his or her appearance up to and including at the Arraignment Hearing. If an attorney

has entered an appearance, the arraignment is waived.

 All cases are set for a Pre-Trial Conference. If arraignment is held, the Pre-Trial Conference

will be set approximately 30 days following. If arraignment is waived, due to entry of counsel,

a Pre-Trial Conference is set to occur within 45 days of the arraignment being waived.

 All cases are set for trial at the arraignment or within 30 days of the entry of appearance by

counsel. Trial will be set within 120 – 150 days in cases designated as Track 2 and no later

than 180 days in cases designated as Track 3.

Motions Hearings

Motions may be heard in open court or decided by a judicial ruling on paper, without a hearing. A

response to a motion, if made, must be filed within 15 days after service of the motion. Rulings on

motions are required, where practical, to be heard before the day of trial, although a motion to

dismiss pursuant to the speedy trial rule may be deferred until the day of trial. Most dispositive and

evidentiary motions must be heard in open court. In Frederick County, motions may be heard by a

judge, who may not be the assigned trial judge, except in Track 3 cases.

Mandatory motions4 (as outlined by Rule)

Mandatory motions include:

 Defect in the institution of the prosecution;

 Defect in the charging document;

 Unlawful search and seizure, wiretap, or pre-trial identification;

 Unlawfully obtained admission, statement, or confession; and

 Request for joint or separate trial of defendants or offenses.

3 Md Rule 4-271(a).

4 Md. Rule 4-252(a).

A Motion for Transfer to Juvenile Court, though not considered mandatory, must be filed separately

and within 30 days of the arraignment or appearance of counsel (Md. Rule 4-252(c)). Subsequent

hearing dates, other than the trial date, are not defined by the Maryland Rules, but may include

scheduling conference, motions hearings, status conferences, pretrial hearings, and plea hearings.

Plea Negotiations

Plea negotiations between the State’s Attorney’s Office and defense counsel may occur at any time in

the process. Plea agreements may be accepted by any judge, with the exception of Track 3 cases,

which may only be accepted by the judge specially assigned to hear all matters in that case.

Pre‐Trial Conference (PTC)

Pre-Trial Conferences are mandatory for Track 2 Standard cases and discretionary for Track 3

Complex cases, as determined by the assigned judge. Pre-Trial Conferences will generally be set

within 60 - 70 days of the case filing. At the Pre-Trial Conference, the following will be addressed and

discussed:

 All discovery has been completed;

 All required motions, other than permitted dispositive motions, have been submitted;

 Number and names of witnesses for trial;

 Both sides have negotiated in good faith any pleas offered by the State’s Attorney; and

 Both sides are prepared to go to trial.

The defendant shall be present at the PTC and, if necessary, writs for the defendant shall be issued

sufficiently in advance. If the defendant is represented by counsel, the principal attorney responsible

for the representation of the defendant and the prosecutor who is assigned the case shall be present.

Except for extraordinary reasons, stand-in counsel shall not appear for a party. If principal counsel is

not available, the party should request to reschedule the PTC in advance. The parties may not waive

attendance at a previous hearing.

If the parties require a Motions Hearing on any issue, including motions to suppress evidence, in

advance of trial, the Assignment Office shall clear a date on the Court’s calendar for the hearing and

send notice to the parties.

If it appears to the presiding judge that the parties have not concluded discovery, have open motions,

have not completed meaningful plea negotiations or are unprepared for trial for any other reason,

the Court may require the parties to appear at another PTC approximately 15-21 days prior to the

scheduled trial date.

In order to minimize adverse impacts on witnesses, jurors, judicial resources, and other cases on the

Court’s dockets, it is the policy of this Court that cases that remain on the trial docket, or in which a

postponement has been denied, are ready for trial and will be actually tried on the trial date. By

effectuating this policy, the Court can more accurately predict the number of cases to be heard, can

schedule the appropriate number of jurors, and parties and counsel can be assured that their case

will proceed to trial on the scheduled day.

It is the intent of this policy to minimize last-minute dispositions or postponements that needlessly

take up judicial resources that could be used for other matters pending in this Court.

Trial

The trial date is cleared well in advance with all counsel either by the Assignment Office or in open

court at an Arraignment Hearing. Postponements will only be granted for good cause. All jury trials

will take precedence, followed by bench trials, and then plea hearings.

Sentencing

For some cases, both plea bargains and trials, and depending on the status of the defendant, a

sentence is imposed by a judge immediately following adjudication. For a significant minority of

cases, a PSI is ordered by the judge, and the sentence is continued to a later hearing date. In most

cases, a judge will require that the State’s Attorney provide a criminal history of the defendant in

order to determine an appropriate sentence. Previous convictions are considered in the sentencing

guidelines. Time spent in custody must be subtracted from any sentence that includes incarceration.

If a PSI is required to determine criminal history, mental capacity, or for any other reason, the judge

may postpone the sentencing.

Track 2 – Process Summary

Criminal Track 2 cases will be designated as such by the Clerk’s Office entering the event code

“Criminal Track 2” into the case management system, based on the information contained in Table 1.1.

These cases will be given an Arraignment Hearing by the Clerk’s Office, based upon available dates

provided by the Assignment Office. The arraignment is scheduled within 30 days after the file is

created, generally on a Friday at 9 a.m. At the Arraignment Hearing, if the defendant is unrepresented,

the judge will set a PTC within 30 days, generally on a Monday at 2 p.m.

If an attorney enters prior to the arraignment date, the Arraignment Hearing will be vacated and a

PTC will be set by the Assignment Office within 50 days, generally on a Monday at 2 p.m. If an

attorney enters for a defendant after the arraignment, the original PTC remains. The appearance of

both counsel and the defendant is required at the PTC, but witnesses are not needed. The Assignment

Office will clear dates with any cases involving attorneys.

Discovery is to be provided within thirty (30) days of arraignment. The State is to make any plea

offer to the defense at least 7-10 days prior to the PTC.

Motions Hearings will be held no later than 20-45 days prior to the trial date. If there are no motions

or no need for a second PTC, a status conference may be set no later than 30 days prior to trial to

ensure the case will be ready to proceed on its designated trial date.

Track 2 – Timeline

Arraignment within 30 days

Discovery to be Completed within 30 days of arraignment or appearance of counsel

Pre-Trial Conference within 60 – 75 days

Motions Hearing 20-45 prior to Trial

2nd Pre-Trial/Status Conference 15-30 days prior to Trial

T r i a l w i t h i n 1 5 0 d a y s

Sentencing usually within 60 days of guilty verdict

DISPOSITION time GOAL WITHIN 150 DAYS

No

No

Arraignment – Clerk

schedules 4 weeks

on Friday at 9 AM

(vacated if attorney

enters)

Judge sets PTC in

Court, 4 weeks later

(if Pro Se) on

Monday at 2 PM.

If attorney enters –

PTC is set in 7 weeks

AO clears and sets

Trial Dates

Discovery –provided

w/in 30 days of

arraignment or upon

entry of attorney

Md. Rule 4‐263(h)

Pretrial Conference Held on Monday

at 2 PM after atty enters: Trial Dates

given if not already set. (Identify

motions; discovery issues; scheduling

timelines; etc.)

Plea Offers from

State to be made

7‐10 days PRIOR

to PTC

2nd PTC Granted

only if needed by

judge in Court for

Monday at 2 PM

Motions Hearing

20‐45 days prior to

Trial

TRIAL – within

120 ‐ 150 Days

Sentencing: Md. Rule 4‐342

Guilty

Plea at

PTC?

Guilty?

At any time in the process, the case may be expedited by taking a Stet, Plea, or Nolle Prosequi. Competency issues may be

brought before the Court at any point. PTC’s are held to identify any motions needed; to ensure discovery is complete;

to ascertain timelines for DNA/Forensic Evidence; schedule amount of time necessary for the trial; and to identify

other issues. Attorneys and Defendants must be present for PTC but witnesses are not needed. If an attorney enters for a pro

se defendant after the arraignment, the original PTC remains. Disposition is to occur w/in 150 days.

Yes

Case

closed

Yes

Case Created and

Summons Served

AO sets PTC if

attorney has

entered – 7

weeks later on a

Monday

at 2 PM and Trial

Date w/in 120

days

Waiver Hearing

for Juvenile?

Transfer Case to

Juvenile Court

Granted

Initial PTC set

w/in 2 weeks

of decision

Denied

If NO Motions or NO

2nd PTC, then a Status

Hearing will be held 30

days prior to trial

Diagram 2.1: Track 2 – Standard Cases

Track 3 – Process Summary

Criminal Track 3 cases will be designated as such by the Clerk’s Office entering the event code

“Criminal Track 3” into the case management system, based on the information contained in Table 1.1.

These cases will be given an Arraignment Hearing by the Clerk’s Office, based upon available dates

provided by the Assignment Office. The arraignment is scheduled to be held within 30 days after the

file is created, generally on a Friday at 9 a.m. At the Arraignment Hearing, if the defendant is

unrepresented, the judge will set a PTC within 45 days, generally on a Monday at 2 p.m.

If an attorney enters prior to the arraignment date, the Arraignment Hearing will be vacated, and a

PTC will be set by the Assignment Office within 60 days on a Monday at 2 p.m. If an attorney enters

for a defendant after the arraignment, the original PTC remains. The appearance of both counsel and

the defendant is required at the PTC, but witnesses are not needed. The Assignment Office will clear

dates with any cases involving attorneys.

Discovery is to be provided within 60 days of arraignment. The State is to make any plea offer to the

defense at least 7-10 days prior to the PTC.

Motions Hearings will be held no later than 30 - 60 days prior to the trial date. If there are no motions

or no need for a second PTC, a status conference may be set no later than 15 – 21 days prior to trial to

ensure the case will be ready to proceed on its designated trial date.

Track 3 – Timeline

Arraignment within 30 days

Discovery to be Completed within 60 days of arraignment or appearance of counsel

Pre-Trial Conference within 75 – 90 days

Motions Hearing 30-60 prior to Trial

2nd Pre-Trial/Status Conference 15-21 days prior to Trial

T r i a l w i t h i n 1 8 0 d a y s

Sentencing usually within 60 days of guilty verdict

DISPOSITION time GOAL WITHIN 180 DAYS

Case Created and Diagram 3.1: Track 3 – Complex Cases

Summons Served

Plea Offers

from State to

AO sets PTC if be made 7‐10

Arraignment attorney has Discovery

provided w/in 60 days of days PRIOR to

Clerk schedules entered – PTC

4 weeks on Friday at 8 weeks later arraignment or upon

9 AM (vacated if on a Monday entry of attorney

attorney enters) at 2 PM and Rule 4‐263(h)

Judge sets PTC in Trial Date

court, 6 weeks later / Pretrial Conference Held

(if pro se) on Monday on Monday at 2 PM after atty enters:

at 2 PM. Trial Dates given if not already set.

If attorney enters (Identify motions; discovery issues;

PTC is set in 8 weeks scheduling timelines; etc.)

AO clears and sets

Trial Dates Initial PTC

set w/in 2 weeks 2nd PTC

of decision Granted only if

Waiver Hearing

needed by judge in

for juvenile? Denied Court for Monday at

2 PM

Granted

Guilty Yes

Transfer case to plea at

Juvenile Court PTC?

No

Motions Hearing

30‐60 days prior to

trial

If NO Motions or NO

2nd PTC, then a Status

Hearing will be held

15‐21 days prior to Trial

trial within 180 Days

No

Case

Guilty? closed

Yes

Sentencing

Md. Rule 4‐342

At any time in the process, the case may be expedited by taking a Stet, Plea, or Nolle Prosequi. Competency issues may be

brought before the Court at any point. PTC’s are held to identify any motions needed; to ensure discovery is

complete; to ascertain timelines for DNA/Forensic Evidence; schedule amount of time necessary for the trial; and

to identify other issues. Attorneys and Defendants must be present for PTC but witnesses are not needed. Page | 20

If an attorney

enters for a pro se defendant after the arraignment, the original PTC remains. Disposition is to occur w/in 180 days.

TRACK 4 – POST‐JUDGMENT/REOPENED CASES

Reopened Cases – Process Summary

Most reopened cases are violations of probation (VOPs) or requests for modification following a

guilty verdict and sentencing. Infrequently, a case may be reopened on an expungement request,

request for sentence review, post-conviction or Writ or Error Coram Nobis.

Appeal

An appeal of a judgment must be filed with the Appellate Court of Maryland within 30 days of the

issuance of the judgment.

Violations of Probation

Upon receipt of a violation report from the Division of Parole and Probation or a Petition from the

State with attached violation report, the Clerk’s Office shall send the report/petition with the file to a

judge for further instruction. Whenever possible, it will be sent to the sentencing judge. The judge

will then decide whether a warrant is to be issued, a summons with a Show Cause Order is to be

issued, or no action is to be taken. If a warrant is to be issued, the judge will sign the warrant. When

the warrant is served upon the defendant, the defendant will be taken into custody and then taken

before the Court for a Bond Review Hearing on the same day or next day the Court is open. At that

time, bond will be set, and arraignment will take place, with the Court scheduling the merits hearing

on the violation before the sentencing judge within 60-90 days whenever possible.

If a summons with a Show Cause Order is issued a service date of 30-60 days is entered (dependent

upon place of residence), then an Arraignment Hearing is scheduled approximately 15 days after

service, with the VOP Hearing scheduled 30 days after the arraignment. If an attorney enters his or

her appearance for the defendant prior to the Arraignment Hearing, it is removed and the VOP

hearing remains. Ultimately, the VOP Hearing should be concluded in 75-105 days with all court

appearances being held by the sentencing judge whenever possible.

Request for Sentence Review Panel

Requests for Sentence Review must be filed within 30 days of the imposition of sentence.

Immediately upon filing, the Clerk’s Office shall send the file to the County Administrative Judge for

the appointment of the Sentence Review Panel, consisting of three judges, excluding the sentencing

judge or any other judge who may have a conflict. A proposed order appointing the panel is sent to

the Circuit Administrative Judge for approval and signature. The panel of judges, through the judge

deemed chair of said panel, will notify the State and defense of any filing deadlines and will meet to

decide if the matter is appropriate for ruling without a hearing. If a hearing is deemed necessary, the

panel will send the file to the Assignment Office with instruction for scheduling a hearing within 90

days of the previously noted filing cutoff date, whenever possible. Otherwise, a ruling may be made

by issuance of an Order signed by all members of the panel.

Petitions for Post‐Conviction Relief or Writ of Error Coram Nobis

Petitions for Post-Conviction Relief are filed after the time for direct review has elapsed. Once a

petition is filed, the Clerk’s Office is to hold the file until a response is received from the State or the

time to respond has expired. The Clerk’s Office will also send a copy of the petition to the Office of the

Public Defender, Collateral Review Division, if the petition is being filed by the Defendant, not

represented by counsel. The file will then be sent directly to the Assignment Office, which will assign

the matter and send the file to the next judge in rotation (any judge other than the trial/sentencing

judge). The judge will instruct the Assignment Office to either set an Arraignment Hearing, a

Scheduling Conference, or a full hearing on the merits. Arraignment Hearings will be cleared with the

State and set at least 60 days out.

If an attorney’s appearance is filed with the Clerk’s Office, the file will immediately be sent to the

Assignment Office for purposes of cancelling the Arraignment Hearing. A full hearing on the merits

may be set, without the need for an Arraignment Hearing upon instruction of the assigned judge.

A Writ of Error Coram Nobis is handled in the same manner as a Petition for Post-Conviction Relief.

Request for Modifications of Sentence

Requests for Modification of Sentence must be filed within 90 days of imposition of sentence. Once an

answer is filed or the time for the State to file an answer has passed, the file is sent to the sentencing

judge by the Clerk’s Office. The judge can deny the request for modification without a hearing, but

more often rules to hold the request in abeyance or sub curia, for determination at a later date.

When a request is held in abeyance/sub curia, the defendant will at a later date file a request for

hearing on their request for modification. At that time the Clerk’s Office sends the file to the

sentencing judge for instruction with regard to scheduling a hearing. These hearings are generally

scheduled to be held within 30 to 60 days of the request for hearing. There are a few instances,

though rare, when the judge may grant the request for modification without holding it in

abeyance/sub curia or without scheduling a hearing.

Diagram 4.1 – Post‐Judgment/Reopened Cases

Post‐Conviction Relief /

Modifications of Sentence Review Writ of Error Coram Violations of

Sentence Nobis Probation

Filing w/in 30 days of sentence –

Admin Judge appts panel Filing w/in 30 days of

Filing w/in 90 days of sentence ‐ If filed pro se, Report from P&P or

w/approval of Circuit Admin

sentence ‐ State’s answer Clerk sends copy to OPD, Petition from SAO rec’d

Judge

due 18 days ‐ sent to Collateral Review Division in Clerk’s Office and sent

Sentencing Judge to sentencing judge

Additional filing cutoff dates

established by chair of the AO assigns Petition

Denied Held in panel – no more than 30 to next judge in

Abeyance days after appt of panel rotation (with Warrant

exception of trial/ issued

sentencing judge

Panel review Summons &

Request for Show Cause

Hearing – additional filings –

and determine need Order issued

file to AO

for a hearing Arraignment

Hearing held Warrant served –

w/in 60 days if Defendant

Modification filed pro se arraigned at

Hearing Bond Review

AO sets 30‐60 Ruling: Sentence

affirmed – request Hearing and VOP

days after date set

request denied or dismissed Hearing on Merits

scheduled upon

direction of Arraignment

assigned judge or if heard 45 days –

attorney enters removed if

Hearing held w/in 90

Ruling – attorney enters

days of additional

amended filings

commitment or

probation order

issued if Appropriate VOP Hearing w/in

necessary Ruling Order issued 60 – 90 days

Found in

violation

NOT found in

Sentence Affirmed Sentence Modified

violation

– order signed – order signed

Sentencing (same

day or postponed

Modified w/in 60 days) Judge instructs

Commitment “No Action” at

Order issued this time

VARIOUS PROGRAMS, PROCEDURES, and INFORMATION

Drug Treatment Court Program

The Frederick County Drug Treatment Court (DTC) is a voluntary, non-adversarial judicial response

to non-violent, drug addicted offenders charged in Circuit Court. The DTC is a post-plea, pre-sentence

program. In order to enter the DTC, the defendant must plead guilty and sentencing is deferred

during participation in the treatment/program. The defendant must participate fully with all

prescribed treatment and instructions of the DTC staff. Sentencing will occur upon graduation or

termination from DTC.

The DTC provides a comprehensive program of supervision and treatment, which includes substance

abuse treatment, education, and vocational and rehabilitative services. The DTC focuses on assisting

the participants in achieving self-sufficiency and becoming responsible members of the community

by living drug-free in an environment filled with life’s obstacles and pressures.

Who is Eligible

The DTC is committed to helping non-violent, drug-dependent residents of Frederick County who are

age 18 or older. Many of these residents will be unemployed, indigent, single parents who have

educational, job training, housing and social issues. The eligibility requirements are blind to race,

ethnicity, gender and/or religious orientation.

Drug Treatment Court Agency Partners

 Frederick County Circuit Court

 Frederick County State’s Attorney’s Office

 Office of the Public Defender

 Frederick County Behavioral Health – Services – Substance Abuse Services

 Department of Public Safety & Correctional Services – Division of Parole and Probation

 Frederick County Law Enforcement Agencies

For more information, including the Policy & Procedures Manual, Participant’s Handbook and

Referral Form, please visit: https://www.frederickcountymd.gov/5508/Drug-Treatment-Court

Interpreters and Disability Accommodations

If any party or witness requires an Interpreter or accommodation due to disability for a court

proceeding, a Request for Spoken Language Interpreter (form CC-DC-041) or Request for

Accommodation for Person with Disability (form CC-DC-049), whichever applies, should be filled out

and filed in the Clerk’s Office 30 days prior to a scheduled court proceeding or scheduled court-ordered service. Once a party files a Request Form, the Court should provide an appropriate

interpreter or accommodation for any future court proceeding or court-ordered service. However, a

separate form must be filed for each individual court proceeding needed on behalf of a witness.

Information, instructions and the forms can be found on the Maryland Judiciary website

http://www.Courts.state.md.us/Courts/Courtlanguageservices.html.

The party requesting an interpreter or accommodation shall remain responsible for confirming that

an interpreter or accommodation has been ordered and shall notify the Court immediately if the

need for an interpreter or accommodation changes, whether for a party or witness. If a request for

interpreter or accommodation is not cancelled at least 24 hours in advance of a court proceeding, the

Court will be billed for the services. If the Court is billed for an interpreter or accommodation

needlessly as a result of counsel’s failure to advise the Court that the interpreter or accommodation

will not be needed, or because counsel, the defendant, or witness does not appear in court in a timely

fashion, the Court may assess the interpreter and/or accommodation costs against the party or

counsel causing the unnecessary expense.

Procedure for Competency/Criminal Responsibility Evaluation Orders

All criminal files in which a Motion for Competency and/or Criminal Responsibility Evaluation has

been filed are to be sent to the County Administrative Judge for review, and the following procedure

will be followed: