Section 15-108 - Subpoena power in criminal investigation. - Maryland Statutes

§ 15-108. Subpoena power in criminal investigation.
 

(a)  Limited purpose; service.-  

(1) For the limited purpose of furthering an ongoing criminal investigation, a State's Attorney or a deputy State's Attorney designated in writing by the State's Attorney may issue in the county served by the State's Attorney 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. 

(b)  Right to attorney.-  

(1) A person may have an attorney present during any contact made under subsection (a) of this section with a State's Attorney or an agent of the State's Attorney. 

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

(c)  Reporting failure to obey subpoena; right to hearing.-  

(1) (i) The State's Attorney immediately may report the failure of a person to obey a lawfully served subpoena under subsection (a) of this section to the circuit court of the county served by the State's Attorney. 

(ii) The State's Attorney 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 (a) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief. 

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

[An. Code 1957, art. 10, § 39A(a)-(c), (e), (f); 2008, ch. 15, § 2.]