Section 1-205 - Citations; written promise to appear; failure to appear. - Maryland Statutes

§ 1-205. Citations; written promise to appear; failure to appear.
 

(a)  Officers may issue citations.- If a Natural Resources police officer apprehends a person for violating any law punishable as a misdemeanor the officer may prepare and sign a written citation containing a notice to appear in court, the name and address of the person charged, appropriate license numbers, if any, the offense charged, the time and place the person shall appear in court, and other pertinent information required by the Secretary. 

(b)  Written promise to appear.- The person charged may give his written promise to appear in court by signing the citation prepared by the officer. In this event, the officer is not required to take the person into physical custody for the violation unless the person charged does not furnish satisfactory evidence of identity or the officer has reasonable grounds to believe the person charged will disregard a written promise to appear. 

(c)  Failure to appear.- A person may not violate his written promise to appear in court unless sufficient collateral for the offense is posted, the fine is paid in advance of trial, or the person is represented by counsel in court. 

(d)  Warrant for arrest or failure to appear.-  

(1) If a person fails to comply with the notice to appear in a citation issued under this section, the court may: 

(i) Except as provided in paragraph (4) of this subsection, issue a warrant for the person's arrest; or 

(ii) After 5 days, notify the court's clerk of the person's noncompliance. 

(2) On receipt of notice of noncompliance from the court, the clerk shall notify the person by mail at the address indicated on the citation that a warrant for the person's arrest may be issued by the court unless, by the end of the 15th day after the date on which the notice is mailed, the person: 

(i) Pays the fine on the original charge as provided for in the original citations and a fine of $100 for failing to appear; or 

(ii) Posts bond or a penalty deposit and requests a new trial date. 

(3) If a person fails to pay the fines or post the bond or penalty deposit under paragraph (2) of this subsection, the court may issue a warrant. 

(4) When the original offense is not punishable by incarceration, a warrant may not be issued for the person under this subsection until 20 days after the original trial date. 
 

[An. Code 1957, art. 66C, § 120; 1973, 1st Sp. Sess., ch. 4, § 1; 1976, ch. 176; 1988, ch. 639.]