When you have been arrested in Maryland, one of the first things that happens is your “initial appearance” before a judicial officer. This occurs after you have been “processed” — more commonly called “booked” — by law enforcement officials. Your initial appearance typically occurs within a few hours of arrest and booking. If the arrest took place late at night or in the early morning, the initial appearance might be delayed. While waiting, it is important to obtain legal representation from experienced Maryland criminal defense attorneys like the ones at the Law Office of Robert Castro. Call us at (301) 870-1200 if you have been arrested or charged. We are available around the clock, 24/7.

Procedures for an initial hearing are governed by Maryland Rule of Criminal Proc., Rule 4-213. The initial appearance is not a criminal trial and generally does take much time — 10 to 30 minutes depending on how many crimes are being charged. Further, the person presiding over an initial hearing is generally a judicial officer called a “Commissioner” as opposed to a full Maryland criminal court judge.

There are several purposes of an initial hearing. For the arrested, the most important purpose is the Commissioner’s decision regarding pretrial release which include release on personal recognizance, setting of bail, etc. However, before that decision, several other tasks must be accomplished. These are:

• Advising the defendant of his or her right to Maryland criminal defense legal counsel — those arrested in Maryland are entitled to have legal representation at an initial hearing; the person charged will be required to read a notice about his or her right to counsel or the notice will be read to him or her
• Information and decisions with respect to legal counsel — the Commissioner will ask about the defendant’s attorney or whether the defendant is waiving attorney representation; the Commission will also evaluate whether appointment of a public defense counsel is appropriate
• Advising the defendant of the charges — this involves stating each charge being made by the prosecutors along with the allowable penalties, including any mandatory or enhanced penalties; a copy of the charges is to be given to the defendant
• Advising the accused of rights regarding Preliminary Hearing in the Circuit Court — in Maryland, most crimes are handled by the District Courts; however, more serious crimes — felonies — are tried in the Circuit Courts which have different procedures; when a defendant has been charged with a felony, he or she shall be informed of his or her right to have a preliminary hearing in the Circuit Court by a request made then or within ten days
• Setting of bail or other pretrial release (if any) — finally, the Commissioner or other judicial officer will evaluate and determine if pretrial release is allowable and appropriate under the circumstances of the case; this means either the setting of a bail amount, release without bail or holding the accused without bail; if the accused is unable to post bail or is held without bail, a bail review hearing will be held the next business day before a full Maryland criminal court judge

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.