Maryland Crime Victims' Right To Be Notified Of, To Attend, and To Speak During Criminal Proceedings

• Jurisdiction: Maryland

III. Maryland crime victims' right to be notified of, to attend, and to speak during criminal proceedings

A. Which victims are covered?

A victim of a violent crime, or a victim's representative if the victim is deceased or disabled, e.g., spouse, parent, child, or sibling, who filed notification request, has (1) the right to be notified, Md. Code Ann., Cts. & Jud. Proc. § 11-104; (2) the right to attend, id. § 11-102; and (3) in certain circumstances, the right to be heard, id. § 11-403, provided that the victim requests to be notified and maintains a current address. Id. § 11-104(d) . If a victim was denied a right, the victim or victim's representative may file (1) an application for leave to appeal the interlocutory order; or (2) an appeal from a final order, both filed in the Court of Special Appeals. Id. § 11-103. See also Antoine v. State, 245 Md. App. 521, 542 (2020) (victim had standing to challenge the circuit court's alleged violations of his rights, and to seek an appropriate remedy).

A victim or victim's representative may, at any time, (1) withdraw the notification request; (2) request that the defendant be prohibited from contacting the victim as a condition of release; and/or (3) request notice of the defendant's absence without authorization. Id. § 11-104(b) .

B. Victims' right to notice of criminal proceedings, right to attend proceedings, and in some circumstances, right to be heard

A victim has a right to be notified timely of, to attend, and, when appropriate, to speak during pre-trial proceedings, trial proceedings, sentencing proceedings, post-sentencing proceedings, appeals, violation of probation (VOP) hearings, parole hearings, and hearings that may result in the defendant's release. Id. §§ 11-503 to 11-508. A victim or the victim's representative must be notified of the hearing. For parole hearings, the victim or victim's representative must be notified 90 days prior to the hearing. Md. Code Ann., Corr. Serv. § 7-801(b).

In Lopez-Sanchez v. State, 388 Md. 214 (2005) (superseded by statute on other grounds), the Court of Appeals stated that art. 47 represents "the strong public policy that victims should have more rights and should be informed of the proceedings, that they should be treated fairly, and in certain cases, that they should be heard." Id. at 229. In Hoile v. State, 404 Md. 591 (2008), the Court of Appeals stated that art. 47 "created a class of specific, but narrow, rights for victims with regard to certain aspects of the criminal proceedings against the perpetrators of crimes committed against victims or their property." Id. at 606.

A victim or victim's representative is entitled to notice of (1) an alleged violation of a condition of probation, Md. Code Ann., Crim. Proc. § 11-507; or (2) the defendant's escape, recapture, transfer, release (including conditions of release), or death. Id. § 11-508.

C. Victim Impact Statement (VIS) and victims' right to be notified of, attend,...