Queen Anne's Cnty. Cir. Ct. Criminal DCM Plan I

For those cases which have been initiated by charges in the district court, within thirty

(30) days after a preliminary hearing in which probable cause is found by a district court judge or

after the defendant has waived a preliminary hearing, a criminal information is filed in the circuit

court. If the state’s attorney requests a summons, one is issued by the clerk for an initial

appearance hearing no less than two (2) weeks from the date of issuance. If a warrant is

requested, it is sent to the county administrative judge within twenty-four (24) business hours for

review, signature and the establishment of a bond along with instructions for service. The

warrant is returned to the clerk’s office to be issued.

A. INITIAL APPEARANCE

Once the defendant is served with a no bond status warrant, a bail review/initial

appearance is scheduled as soon as possible, but no later than the first day court is in session and

a judge is available after service. The clerk notifies a judge, the state’s attorney and public

defender of the date and time of the arraignment. At the initial appearance hearing, usually by

video bail hearing in an initial appearance case, a judge confirms that the defendant has received

a copy of the charges. Additionally, the judge advises the defendant of the charges and the

maximum penalties for each charge. The defendant is also advised of his/her right to counsel

and notice is given of the deadline for filing mandatory motions. The case is scheduled for

motions hearing and jury trial. Finally, defendant and the state are advised of the bail bond which

has been established in the case and are granted the opportunity to argue for any change of bond.

If bond is placed on a warrant, defendant may post bond before a district court

commissioner or circuit court clerk during normal business hours. At such time as bond is

posted, the clerk’s office will refer the matter to the Assignment Office for scheduling of the

Initial Appearance. If an entry of appearance is filed by counsel prior to the scheduled Initial

Appearance, the clerk’s office will vacate the proceeding and refer the matter to the Assignment

Office for further scheduling.

B. JURY TRIAL PRAYERS/APPEALS FROM DISTRICT COURT

Jury trial prayers by self-represented defendants shall be scheduled for immediate initial

appearance in circuit court at 10:30 a.m. or 2:30 p.m. to the extent possible. Otherwise, initial

appearances are to be heard with 15 days of the transfer to Circuit Court and trials are to be

scheduled on the second and/or fourth Mondays of each month as noted in the above Court

Schedule. The Assignment Office will establish a trial date on the first date designated on the

Court Schedule that is at least 30 days from the date of filing of the case in Circuit Court and the

clerk’s office shall send notice to the State’s Attorney, the defendant, and defendant’s attorney, if

an appearance has been entered, as well as any surety.

C. VIOLATION OF PROBATION APPEALS

Violation of Probation appeals shall be set for a court trial on the second and/or fourth

Mondays of each month as noted in the above Court Schedule. The Assignment Office will

establish a trial date on the first date designated on the Court Schedule that is at least 30 days

from the date of filing of the case in Circuit Court and the clerk’s office shall send notice to the

State’s Attorney, the defendant, counsel and the probation officer, as well as any surety.

D. GUILTY PLEA AGREEMENT AND/OR WAIVER OF JURY TRIAL

Counsel is required to inform the court by written pleading filed with the clerk’s office of

acceptance of a guilty plea and/or waiver of trial by jury. If there is a plea agreement, the parties

shall notify the court, in writing, at or before the motions hearing date, or, in the case of jury

trial prayers/appeals, no less than 72 hours before the trial date by the close of court business at

4:30 p.m. Prior to any scheduled guilty plea proceeding, except in cases of jury trial

prayers/appeals, defense counsel shall have reviewed with defendant and completed the

Examination of Defendant Prior to Acceptance of Guilty Plea(s) (form is available on Court’s

web site). No plea agreement shall be accepted unless communicated to the court in accordance

with this paragraph.

E. NOTICES

Trial or hearing notices shall be issued by the clerk’s office as authorized by the

Assignment Office. In actions to be tried by jury, notice of trial will contain directions that

(i) voir dire requests must be filed at least 2 days before trial and (ii) requests for instructions must

be filed before the commencement of trial, unless otherwise ordered by the Court. Requests for

standard instructions may be made by reference to the appropriate section of the updated Maryland

Criminal Pattern Jury Instructions. Notices shall be served on all counsel, defendants and any

person or entity listed as surety for the appearance of the defendant.