• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

speedy trial in MD

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mkeroppi

Junior Member
Hi, wanted to ask about speedy trial statues in Maryland in relations to traffic (speeding) violations. I received a citation in August and is summoned in April. Maryland (Hicks ruling) states speedy trial is 180 days. Do I have a case?
 


rmet4nzkx

Senior Member
mkeroppi said:
Hi, wanted to ask about speedy trial statues in Maryland in relations to traffic (speeding) violations. I received a citation in August and is summoned in April. Maryland (Hicks ruling) states speedy trial is 180 days. Do I have a case?
On what date did you make your apearance and ask for a speedy trial? Were you held for 180 days or more without bail for a traffic violation?

CRIMINAL LAW - SPEEDY TRIAL - HICKS RULE - WHERE GOOD CAUSE FOR CONTINUANCE DOES NOT EXIST STATE CANNOT NOL PROS CASE AND THEN REINDICT DEFENDANT. STATE v. HICKS, 285 MD. 310, ON MOTION FOR RECONSIDERATION, 285 MD. 334 (1979); STATE v. BROWN, 341 MD. 609 (1996); STATE v. GLENN, 299 MD. 464 (1984); CURLEY v. STATE, 299 MD. 449 (1984); MD. CODE ANN., ART. 27, § 591, MARYLAND RULES 4-271 AND 4-247; IN CASE WHERE STATE HAD ENTERED NOL PROS AFTER CIRCUIT COURT DENIED REQUEST FOR A CONTINUANCE AND STATE FAILED TO COMPLY WITH ORDER TO COMPEL DISCOVERY REGARDING DNA EVIDENCE WITHIN TEN DAYS, CIRCUIT COURT PROPERLY GRANTED APPELLANT’S MOTION TO DISMISS BASED ON ITS DETERMINATION THAT “THE ACTION OF THE STATE WAS INTENDED TO CIRCUMVENT THAT PART OF THE RULE, WHICH LEAVES TO THE ADMINISTRATIVE JUDGE TO DECIDE WHETHER A CASE, ONCE SET WITHIN 180 DAYS, SHOULD BE CONTINUED FOR GOOD CAUSE SHOWN.”
 

mkeroppi

Junior Member
I was not held. The trial date was scheduled after an automatic plead of not guilty. Does this apply?
 

mkeroppi

Junior Member
I am able to locate this rule codified in the criminal procedures of the circuit courts, does it exists or any precedents to apply for district (traffic court) matters?

http://mlis.state.md.us/cgi-win/web_statutes.exe?gcp&6-103
§ 6-103.

(a) (1) The date for trial of a criminal matter in the circuit court shall be set within 30 days after the earlier of:

(i) the appearance of counsel; or

(ii) the first appearance of the defendant before the circuit court, as provided in the Maryland Rules.

(2) The trial date may not be later than 180 days after the earlier of those events.

(b) (1) For good cause shown, the county administrative judge or a designee of the judge may grant a change of the trial date in a circuit court:

(i) on motion of a party; or

(ii) on the initiative of the circuit court.

(2) If a circuit court trial date is changed under paragraph (1) of this subsection, any subsequent changes of the trial date may only be made by the county administrative judge or that judge's designee for good cause shown.

(c) The Court of Appeals may adopt additional rules to carry out this section.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top