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Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-8A-14.1

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) After an inquiry conducted in accordance with § 3-8A-10 of this subtitle, an intake officer may file with the court an application for an arrest warrant prepared by a law enforcement officer.

(b) An application for an arrest warrant under this section shall be:

(1) In writing;

(2) Signed and sworn to by the law enforcement officer; and

(3) Accompanied by an affidavit that sets forth the basis for there being probable cause to believe that:

(i) The child who is the subject of the warrant has committed a delinquent act; and

(ii) Unless the child who is the subject of the warrant is taken into custody, the child:

1. Is likely to leave the jurisdiction of the court;

2. May not be apprehended;

3. May cause physical injury or property damage to another; or

4. May tamper with, dispose of, or destroy evidence.

(c) An arrest warrant requested under subsection (a) of this section may only be issued by the court on a finding of probable cause and shall direct the law enforcement officer to take immediate custody of the child.