Maryland Code, CRIMINAL PROCEDURE 9-123
Terms Used In Maryland Code, CRIMINAL PROCEDURE 9-123
- 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.
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- County: means a county of the State or Baltimore City. See
- including: means includes or including by way of illustration and not by way of limitation. See
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The application shall state:
(i) the name of the person charged;
(ii) the crime charged against the person;
(iii) the approximate time, place, and circumstances of its commission; and
(iv) the state in which the person is believed to be, including the location of the accused therein, when the application is made.
(3) The application shall certify that in the opinion of the State’s Attorney, the ends of justice require the arrest and return of the accused to this State for trial, and the proceeding is not instituted to enforce a private claim.
(b) (1) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of bail, probation, or parole, the State’s Attorney of the county in which the crime was committed, the parole commission, or the managing official of the correctional facility or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of the person.
(2) The application shall state:
(i) the name of the person;
(ii) the crime of which the person was convicted;
(iii) the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole; and
(iv) the state in which the person is believed to be, including the location of the person therein when application is made.
(c) (1) The application shall be verified by affidavit, be executed in duplicate, and be accompanied by two certified copies of:
(i) the indictment returned;
(ii) the information and affidavit filed;
(iii) the complaint made to the judge or District Court commissioner, stating the crime with which the accused is charged;
(iv) the citation, stating the incarcerable crime with which the accused is charged; or
(v) the judgment of conviction or the sentence.
(2) The applicant may also attach further affidavits and other documents in duplicate.
(3) One copy of the application with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, affidavits, citation, judgment of conviction, or sentence shall be filed in the office of the Secretary of State, to remain of record in that office.
(4) The other copies of all papers shall be forwarded with the Governor’s requisition.