Result of the Adversarial Preliminary Hearing
| Jurisdiction | Maryland |
X. Result of the adversarial preliminary hearing
A. Finding no probable cause
If, in a preliminary hearing, the Government fails to establish probable cause to believe that a crime was committed and/or fails to establish probable cause to believe that Defendant committed the crime, the charging document must be dismissed. Md. Rule 4-221(e). Dismissal is without prejudice because jeopardy has not attached, and the State may recharge. The State may charge the Defendant by grand jury indictment, even if the...
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