Facing criminal charges in Maryland is one of the most serious situations a person can encounter. The process moves quickly, the stakes are high, and the decisions made in the earliest stages can echo through the rest of the case.
Many people charged with a crime in Maryland have no idea what lies ahead — what hearings they’ll face, what rights they have, or what their attorney can actually do to help them. At Valente Law Group, we believe that an informed client is a stronger client. Here is a plain-language, step-by-step breakdown of what happens after criminal charges are filed in Maryland.
How Criminal Charges Are Filed in Maryland
Charges can be initiated in two ways:
1. Statement of Charges by a Commissioner: If you are arrested without a warrant, a District Court Commissioner reviews the officer’s application and determines whether probable cause supports issuing charges. This typically happens at your initial appearance.
2. Criminal Information or Grand Jury Indictment: For felonies, the State’s Attorney’s Office may file a Criminal Information (a formal charging document signed by the prosecutor) or present the case to a Grand Jury, which determines independently whether there is sufficient evidence to require the defendant to stand trial.
Stage 1: Initial Appearance Before a Commissioner
After arrest, you are brought before a District Court Commissioner — typically within hours. The Commissioner:
● Reads you the charges
● Advises you of your constitutional rights
● Sets conditions of release (bail, unsecured bond, or release on recognizance)
● In serious cases, may hold you without bail pending a judicial review
This is your first formal contact with the court system. Having an attorney present — or involved immediately afterward — can influence bail conditions and the overall trajectory of your case from the start.
Stage 2: Bail Review Hearing
If you are held by the Commissioner, Maryland Rules entitle you to a bail review hearing before a District Court judge within 24 hours (Maryland Rule 4-216.1).
At the bail review, the judge considers:
● Nature and severity of the charges
● Prior criminal history
● Flight risk and community ties
● Danger to the community or any individual
A skilled defense attorney can present evidence and argument at this hearing to advocate for lower bail or release — keeping you home and able to participate fully in your own defense.
Stage 3: Preliminary Hearing (Felony Cases)
For felony charges, you are entitled to a preliminary hearing in District Court — typically within 30 days of your initial appearance (10 days if in custody). The judge evaluates whether the State has probable cause to require you to stand trial.
This is not a trial. But it is an opportunity for your attorney to examine the State’s evidence early, cross-examine witnesses, and potentially have charges reduced or dismissed.
The State can bypass the preliminary hearing by obtaining a grand jury indictment or filing a Criminal Information directly in Circuit Court.
Stage 4: Arraignment
If the case proceeds to Circuit Court (felonies) or remains in District Court (misdemeanors), you are formally arraigned — meaning the charges are read to you and you enter a plea:
● Not Guilty — preserves all options and is the standard initial plea in almost all cases
● Guilty — a full admission to the charges
● Alford Plea — you do not admit guilt but acknowledge the State has sufficient evidence to likely convict
Your attorney will advise you on the appropriate plea at every stage. Entering a not guilty plea at arraignment does not mean the case is going to trial — it simply preserves your options while investigation and negotiations proceed.
Stage 5: Discovery and Pre-Trial Investigation
After arraignment, both sides exchange evidence through discovery. Your attorney will request:
● Police reports and body camera footage
● Witness statements
● Lab results and forensic evidence
● Any surveillance or electronic evidence
● The State’s list of witnesses and exhibits
Your defense team will independently investigate, interview witnesses, and identify any constitutional violations in how evidence was obtained. This stage often uncovers the most powerful arguments for the defense.
Stage 6: Pre-Trial Motions
Before trial, your attorney may file pre-trial motions — formal requests to the court to:
● Suppress evidence obtained through illegal stops, searches, or interrogations
● Dismiss charges that lack legal or factual support
● Limit the State’s evidence at trial (motions in limine)
A successful motion to suppress can gut the State’s case. For example, if evidence was obtained through an unlawful traffic stop or search without a valid warrant, that evidence — and everything derived from it — may be excluded entirely.
Stage 7: Plea Agreement or Trial
Plea Agreement: Most criminal cases in Maryland resolve through a negotiated plea — an agreement between the defense and the State’s Attorney’s Office on reduced charges, a specific sentence, or both. A good plea agreement reflects:
● A realistic assessment of the evidence
● Your criminal history and personal circumstances
● The strength of available defenses
● The risks and costs of trial
Your attorney should never pressure you to accept a plea. The decision is yours — made with full information. Trial: If no acceptable resolution is reached, your case proceeds to trial. In Maryland, you have the right to:
● A jury trial in Circuit Court (12 jurors) for most felonies
● A bench trial (judge decides) in District Court, or by election in Circuit Court
The State must prove every element of the charge beyond a reasonable doubt — the highest evidentiary standard in law. The Valente Law Group’s trial-first philosophy means we prepare every case for the courtroom — and that preparation strengthens outcomes at every stage.
Stage 8: Sentencing
Following a conviction at trial or a guilty plea, sentencing may occur immediately or at a separate hearing. The judge weighs:
● The nature and severity of the offense
● Your prior criminal record
● A pre-sentence investigation (PSI) report from the Division of Probation and Parole
● Victim impact statements
● Mitigating evidence and argument from your defense attorney
Your attorney’s role at sentencing is to present every mitigating factor — personal history, rehabilitation efforts, family circumstances, employment — to advocate for the most favorable outcome.
A Note on Probation Before Judgment (PBJ) in Maryland
Maryland Courts & Judicial Proceedings §6-220 allows a judge to grant Probation Before Judgment (PBJ) in appropriate cases — a disposition that avoids a formal conviction on your record. A PBJ is not a conviction, but it is not an acquittal either. It may still appear on your record until expunged, and certain offenses are not eligible.
PBJ is a valuable outcome in many first-offense cases and a key area where an experienced defense attorney can make a significant difference.
Frequently Asked Questions
Q: What is the difference between District Court and Circuit Court in Maryland?
A: District Court handles misdemeanors and certain lower-level felonies without a jury. Circuit Court handles serious felonies, jury trials, and appeals from District Court. A defendant charged with a jury-trial eligible offense in District Court may elect to transfer the case to Circuit Court.
Q: Can my criminal record be expunged in Maryland?
A: Maryland has expanded expungement eligibility significantly in recent years. Acquittals, dismissals, certain PBJ dispositions, and even some convictions may be eligible for expungement under the Criminal Procedure Article. Valente Law Group can evaluate your eligibility.
Q: How long will my criminal case take?
A: District Court misdemeanor cases can resolve in a few months. Circuit Court felony cases typically take 6 to 18 months or longer depending on complexity, court scheduling, and whether the case goes to trial.
Facing criminal charges in Maryland? Every stage of this process matters — and every stage is a chance for an experienced attorney to fight for you. Contact the Valente Law Group at 410-451-1777 for a confidential consultation. We serve clients throughout all Maryland counties and Washington, D.C.
