Section 14-110 - Subpoena authority. - Maryland Statutes

§ 14-110. Subpoena authority.
 

(a)  In general.- The State Prosecutor has all the powers and duties of a State's Attorney, including the use of a grand jury in any county, when the State Prosecutor: 

(1) investigates a case under § 14-107 of this title; or 

(2) prosecutes a case under § 14-109 of this title. 

(b)  Authority to issue subpoena.-  

(1) For the limited purpose of furthering an ongoing criminal investigation under § 14-107 of this title, the State Prosecutor may issue a subpoena to a person to produce telephone, business, governmental, or corporate records or documents. 

(2) The subpoena may be served in the same manner as one issued by a circuit court. 

(c)  Right to counsel.-  

(1) A person may have an attorney present during any contact with the State Prosecutor made under subsection (b) of this section. 

(2) The State Prosecutor shall advise a person of the right to counsel when the subpoena is served. 

(d)  Failure to obey lawful subpoena.-  

(1) (i) The State Prosecutor immediately may report the failure of a person to obey a lawfully served subpoena under subsection (b) of this section to the circuit court of the county having jurisdiction. 

(ii) The State Prosecutor shall provide a copy of the subpoena and proof of service to the circuit court. 

(2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (b) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief. 

(e)  Recognized privilege or right not abrogated.- This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law. 
 

[SG § 9-1206; 2008, ch. 15, § 2; ch. 500.]