Maryland Application for the Issuance of a Warrant

State:
Maryland
Control #:
MD-SKU-0045
Format:
PDF
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Description

Application for the Issuance of a Warrant

The Maryland Application for the Issuance of a Warrant is a form used to initiate the process of obtaining an arrest warrant in the state of Maryland. This form is used by law enforcement officials, such as police officers, as well as prosecutors and judges, to request a warrant for a person’s arrest. The application must be completed in its entirety and must contain information about the person for whom the warrant is being requested, the reason for the warrant, and the location of the person. There are two types of Maryland Application for the Issuance of a Warrant: the Application for the Issuance of a Search and Seizure Warrant and the Application for the Issuance of an Arrest Warrant. Both forms require the same information, but the Arrest Warrant form requires additional information, such as the identity of the person to be arrested and the location of the person. The form must be signed and sworn to by the applicant. After the form is completed, it is presented to a judge for review and approval. Once approved, the judge will issue the arrest or search warrant.

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FAQ

The procedure for the issue of a warrant in Maryland begins with the presentation of evidence to a judge or magistrate. The process often utilizes the Maryland Application for the Issuance of a Warrant to formally request that a warrant be issued. After evaluating the evidence, if the judge finds probable cause, the warrant will be granted, allowing law enforcement to take appropriate action.

Rule 4-213.1 - Appointment, Appearance, or Waiver of Attorney at Initial Appearance (a) Right to Representation by Attorney. (1)Generally. A defendant has the right to be represented by an attorney at an initial appearance before a judicial officer.

If the court finds that there is no meritorious reason for the defendant's appearance without counsel, the court may determine that the defendant has waived counsel by failing or refusing to obtain counsel and may proceed with the hearing or trial.

Rule 4-216.3 - Further Proceedings Regarding Pretrial Release (a) Continuance of Previous Conditions. When conditions of pretrial release have been previously imposed in the District Court, the conditions continue in the circuit court unless amended or revoked pursuant to section (b) of this Rule.

An arrest warrant is issued by a judge or a commissioner in Maryland when he or she believes there is probable cause that a crime has been committed. For instance, a district court commissioner may issue an arrest warrant when the victim of a crime files a statement of charges.

MD Rule 4-212. (f) (1) When a defendant is arrested without a warrant, the defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest.

If you believe a warrant may exist for your arrest, you should not ignore it. ing to the Maryland Rules of Procedure, 16-1001 through 16-1011, the public has the right to access most records held by the state. Under the Maryland Judiciary Case Search, you can search for outstanding warrants against you.

Rule 4-212. (e) Unless the defendant is in custody, a warrant shall be executed by the arrest of the defendant. Unless the warrant and charging document are served at the time of the arrest, the officer shall inform the defendant of the nature of the offense charged and of the fact that a warrant has been issued.

(1) An officer shall make, verify, and sign a written inventory of all property seized under a search warrant, including a general description of electronically stored information received pursuant to the warrant in electronic, disk, paper, or other form.

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Maryland Application for the Issuance of a Warrant