An Adversarial Preliminary Hearing

• Jurisdiction: Maryland

VI. An adversarial preliminary hearing

A. Applicability of an adversarial preliminary hearing

If requested within 10 days after the initial appearance before a court commissioner, a non-indicted Defendant, who has been arrested for a felony that is not within the jurisdiction of the District Court, is entitled to an adversarial preliminary hearing. During the initial appearance, the court commissioner must advise the Defendant of the right to an adversarial preliminary hearing. Md. Rule 4-221(a) and (c); Md. Code Ann., Crim. Proc. § 4-103. Even when there is no right to a preliminary hearing, the court may permit an adversarial preliminary hearing on a motion of the State's Attorney or the Defendant. Md. Code Ann., Crim. Proc. § 4-103(c)(3).

B. Waiver of, or non-applicability of, an adversarial preliminary hearing

If the Defendant is eligible for an adversarial preliminary hearing but fails to request an adversarial preliminary hearing within ten days after the...