Amendments To Charging Documents

• Jurisdiction: Maryland

XIV. Amendments to charging documents

An amendment to a charging document is an alteration or modification to the existing charges. Md. Rule 4-204. The filing of new charges in a new charging document is not an "amendment." Tracy v. State, 319 Md. 452, 456-57 (1990). Charging documents may be amended only in accordance with Md. Rule 4-204. Shannon v. State, 468 Md. 322 (2020); Brown v. State, 285 Md. 105, 108 (1979).

A. Amendment before jeopardy attaches

Jeopardy attaches in a jury trial when the jury is impaneled and sworn. Jeopardy attaches in a non-jury trial when evidence is first received, e.g., first witness begins to testify, stipulation entered. Charging documents may be freely amended prior to the attachment of jeopardy.

If the charging document is amended close to the time when jeopardy attaches, the defendant may be entitled to a continuance. See Md. Rule 4-204 ("If amendment of a charging document reasonably so requires, the court shall grant the Defendant an extension of time or continuance."); Manuel v. State, 85 Md. App. 1, 21 (1990) (no continuance needed when counsel had many days following the amendment). If a continuance is granted, there may be a speedy trial issue under Md. Rule 4-271 and/or the Sixth Amendment right to speedy trial.

In Webster v. State, 221 Md. App. 100 (2015), the Court of Special...