Challenging A Defective Charging Document

• Jurisdiction: Maryland

XV. Challenging a defective charging document

A. District Court

A defective charging document may be challenged in District Court by filing a written motion under Md. Rule 4-251, unless otherwise directed by the court. The motion is determined before the first witness is sworn and before evidence is received. Md. Rule 4-251(a) and (b)(1). Relief may include dismissal of the charging document. Md. Rule 4-251(c).

B. Circuit Court

1. Challenge through a motion under Md. Rule 4-252

A defective charging document may be challenged in Circuit Court by filing a mandatory written motion under Md. Rule 4-252(a)(2). The motion must state the grounds and relief sought and must include points and authorities. Md. Rule 4-252(e); Denicolis, 378 Md. at 659-60.

The motion must be filed within 30 days after the earlier of the appearance of counsel or first appearance of the...