Criminal Defense Lawyer Blog
Maryland lawmakers are working toward limiting the powers of District Court Commissioners after a failed attempt to do the same during last year’s legislative session. House Bill 21 specifically focuses on a commissioner’s power to issue an arrest warrant in cases initiated by a civilian complaint. This reform is long overdue, as Maryland has become notorious for false arrests, which have unfortunately led to hundreds of unjust incarcerations. While commissioners from many jurisdictions are hesitant to issue arrest warrants in civilian complaints, Baltimore City has remained a haven for bogus warrants. The problem is then compounded by District Court judges who routinely hold defendants without bail over domestic violence allegations and any case that mentions the word firearm. Few judges will actually consider that civilian authored complaints could, and often are, completely fabricated. Despite the fact that the State’s Attorney’s Office is supporting the Bill, they share much of the responsibility for false incarcerations by recommending that many of these defendants be held without bail until trial.
Before continuing this article, it is important to understand how cases are initiated in the District Court of Maryland. Normally if an officer witnesses a crime, he or she will make an arrest called an “on view arrest”, take the suspect to the jail and write up a statement of charges. The commissioner will then review the statement of charges to determine if the suspect is released. Officers may also respond to a call for service and write their own statement of charges even if they did not witness the actual incident. This requires them to go to the commissioner’s office and thus is more work for the police. A case can also be initiated by a civilian who shows up in person at any District Court Commissioner’s Office. These offices are typically located in the courthouse or the jail and are open 24/7. As it stands now if a civilian writes a scathing statement of charges and mentions the presence of weapons (especially a firearm), a commissioner may issue an arrest warrant without ever questioning the credibility of the author. The commissioner won’t ask if the author has a reason to lie, and they will not conduct a background check. They will just review the document to see if the allegations are sufficient to satisfy the elements of the crime. In Maryland an arrest warrant can be issued against a totally innocent individual without a trained investigator or prosecutor ever talking to a witness or even laying eyes on the charging document.
If passed by the General Assembly, House Bill 21 will only allow a commissioner to issue an arrest warrant if the author of the statement of charges is a police officer or a prosecutor. A commissioner must also make a determination that the defendant’s whereabouts are unknown, the defendant has previously failed to appear for court, is in custody in another jurisdiction or is a danger to the community or the victim. This creates a logical layer of protection against false arrests that lawmakers and prosecutors have largely ignored for decades. In cases where a warrant is issued, the defendant and his or her lawyer may file a motion to recall the warrant, and the judge may agree to do so upon a finding of good cause.
Lawmakers also included a provision in the law that increases the penalty for filing a false statement of charges from 90 days in jail to 3 years in prison. If this Bill becomes law, State’s Attorneys will likely direct their deputies to investigate and prosecute offenders, as there should be consequences for intentionally and wrongfully getting someone locked up. The Blog will continue to follow this Bill and may post a follow up article as news comes out of Annapolis. Benjamin Herbst is a Maryland criminal defense lawyer who specializes in warrant recall motions in all types of cases including domestic violence assault and firearm charges. Benjamin is also a skilled bail review lawyer and juvenile detention hearing lawyer who has successfully argued for the release of hundreds of defendants. Contact Benjamin at 410-207-2598 for a free consultation about your case anytime.