Burden of Proof

JurisdictionMaryland

VII. Burden of Proof

The State's burden at a preliminary hearing is to show only that there is probable cause that the defendant committed the felony charged. Md. Rule 4-221(e). If that burden is met, the Court will send the case to the State's Attorney for the filing of the criminal information in the circuit court. Id. If the burden is not met, then the Court will dismiss the felony charges, without prejudice. In that event, any remaining...

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