Section 4-103 - Preliminary hearing. - Maryland Statutes

§ 4-103. Preliminary hearing.
 

(a)  Defendant to be advised of right.- If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, at the time of the defendant's initial appearance, as required by Maryland Rule 4-213, a court or court commissioner shall advise the defendant of the defendant's right to request a preliminary hearing. 

(b)  Time for waiver requests.-  

(1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the defendant may request a preliminary hearing at the defendant's initial appearance or at any time within 10 days after the initial appearance. 

(2) If the defendant does not request a preliminary hearing within 10 days after the initial appearance, the right to a preliminary hearing is waived. 

(c)  When right is absolute.-  

(1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the right of a defendant to a preliminary hearing is absolute if: 

(i) the defendant is charged by criminal information; and 

(ii) the defendant requests a preliminary hearing in accordance with subsection (b) of this section. 

(2) If the defendant is charged by grand jury indictment, the right of a defendant to a preliminary hearing is not absolute but the court may allow the defendant to have a preliminary hearing. 

(3) In any other case, the right of a defendant to a preliminary hearing is not absolute, but on motion of the State's Attorney or the defendant, and subject to the Maryland Rules, the court may allow the defendant to have a preliminary hearing. 
 

[An. Code 1957, art. 27, § 592(b); 2001, ch. 10, § 2; ch. 35; 2003, ch. 21, § 1.]