Published on 6/1/2023, 6:43:00 PM
Maryland Statement of Probable Cause - What is a Statement of Charges?
If you or a loved one has recently been charged with a crime in Maryland, chances are that they are holding a document titled Statement of Charges or Statement of Probable Cause. This document normally has a cover sheet called a “CHARGE SUMMARY” that lays out each of the criminal charges brought against a person.
A Statement of Charges is a legal document that outlines the charges brought against a person and the basis for the charges. The Statement of Probable Cause is the written section of a statement of charges and typically contains the allegations outlined by the charging officer that form the legal basis for the criminal charges.
What is a Charge Summary?
The charge summary is the cover sheet of a charging document, which lays out each of the charges that a Police Officer or Private Citizen is bringing against the Defendant. A Charge summary will also show the statute a person is charged under along with the maximum penalty.
What does “CL” mean in a charge summary?
A “CL” marking under statute on a charge summary means that the offense is a Common law offense. Common law offenses can be charged in Maryland; however, they do not have a prescribed maximum penalty by statute. Instead, a Judge may impose a fair and reasonable sentence, usually one based on the other offenses charged or underlying statutory offense.
For example, Conspiracy to commit assault is a common law offense which would then typically have a fair and reasonable maximum sentence of 10 years, the maximum penalty for a second degree assault charge in Maryland
Why are there so many charges on my Maryland charge summary?
The charge summary contains each of the counts that a person is charged with along with their maximum penalties. Often times there are multiple charges for the same offense. This could be due to the date of the crime, the elements of the offense, or charging a major offense and the lesser included offenses.
When Police officers submit their initially charges, they tend to throw as many charges as they possibly can on the charging document. A criminal defense lawyer should be able to tell you which of the charges are likely to stick around for trial.
What is a Probable Cause Statement in Maryland?
A Maryland Statement of Probable Cause is an integral element of the state’s criminal law system. It’s a legally required document provided by law enforcement and reviewed by a commissioner, explaining why an individual was arrested.
This document must establish probable cause, meaning the existence of reasonable grounds, based on facts and circumstances, to believe a crime has been committed. It plays a pivotal role at the initial appearance, a critical juncture in the legal process, determining if a person will face criminal charges.
The weight of the probable cause statement lies in its ability to justify an arrest. The grounds must be enough to convince a reasonable person that a crime has occurred, and the person arrested is responsible for committing it. A solid understanding of this concept is vital for anyone involved in a criminal case in Maryland, whether as a defendant, an attorney, or even a concerned family member.
The Role of the Statement of Probable Cause in Court Proceedings
The Statement of Probable Cause holds immense significance in court proceedings. It forms the basis for several vital procedures in both the district court and the circuit court.
During a bail review, the judge may use this statement to decide whether to grant or deny bail. The document also comes up in motions for dismissal or suppression, where it can shape the defense strategy.
The probable cause statement itself is not admissible as evidence; however, an attorney may use it to cross examine an officer during a preliminary hearing or a trial.
Can a lawyer explain my Statement of Probable Cause to me?
This document should be the source of most of the answers to the questions asked to a criminal lawyer during a free consultation.
Impact on Plea and Sentencing
A Maryland Statement of Probable Cause can impact the plea and sentencing phases of a trial as well. It might influence whether a defendant pleads guilty or not guilty, which could determine the course of the trial and the sentencing. For any criminal charge, you need to understand what this document says and what it means.
Challenging the charges against you
If your lawyer doesn’t contest the State’s case, there is a possibility that they may read the contents of the Statement of Charges during a plea. Often times the State will read the contents of the Statement of Charges as the facts in support of a Defendant’s guilty plea. If your lawyer doesn’t take exceptions to all or part of it - a Judge may be required to assume it’s all true at the time of sentencing.
Bring a trial lawyer to Court
A criminal charge in Maryland calls for a trial lawyer. A skilled trial lawyer from FrizWoods can be the difference between a conviction and an acquittal, with the experience, the knowledge of Maryland criminal law, and the commitment your defense needs.
FrizWoods attorneys know the trial process cold, from motions, dismissal, and suppression to bail reviews. They guide you from the initial appearance to the final verdict.
They have courtroom experience across charges from DUI to serious felonies, and they build defense strategies aimed at the weak points in the prosecution’s case.
The lawyers at FrizWoods keep you at the center of the case. They learn your situation, fight for your interests, and keep you informed about where things stand and why.
Importance of Hiring an Experienced Criminal Lawyer
The Statement of Probable Cause, and the criminal process around it, is hard to read if you don’t live in the system. An experienced criminal lawyer walks you through it, from the initial appearance and bail review to plea negotiations, trial, and sentencing.
For Maryland residents, the attorneys at FrizWoods know the state’s criminal laws and courts and guide you through the process. District court or circuit court, their experience is on your side.
Conclusion
The Maryland Statement of Probable Cause shapes arrest, bail, plea negotiations, trial, and sentencing. If you’re facing charges, you need to understand what it says. An experienced criminal lawyer can read it against your facts and build a defense that limits the damage.
