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Terms Used In Maryland Code, CRIMINAL PROCEDURE 9-113

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Oath: A promise to tell the truth.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) This section applies whenever:

(1) it is charged on the oath of a credible witness before a judge or District Court commissioner that a person in this State:

(i) has committed a crime in another state and, except in cases arising under § 9-106 of this title, has fled from justice; or

(ii) has been convicted of a crime in another state and has escaped from confinement or has broken the terms of bail, probation, or parole; or

(2) complaint is made before a judge or District Court commissioner in this State setting forth on the affidavit of a credible person in another state that a person is believed to be in this State and:

(i) that a crime has been committed in the other state, the person has been charged in the other state with committing the crime and, except in cases arising under § 9-106 of this title, the person has fled from justice; or

(ii) that the person has been convicted of a crime in the other state and has escaped from confinement or has broken the terms of bail, probation, or parole.

(b) A judge or District Court commissioner shall issue a warrant directed to any law enforcement officer commanding the officer to apprehend the person named therein, wherever found in this State, and to bring the person before the judge, District Court commissioner, or any other judge or court available in or convenient to the place where the arrest may be made, to answer the charge or complaint and affidavit.

(c) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.