Hagerstown, MD asked in Criminal Law for Maryland

Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date myself was never sent a preliminary hearing and I never was sent and it not on our case search page yet either as mentioned above we both got these citation on the highway and released the driver done had preliminary hearing like 7 days after getting the citation and has done got and went to their court date how much longer does Maryland have to set me up my preliminary hearing and then set me up a court date? it's almost been 8 months since I got the citation and since then I received nothing else and how long Maryland has to the misdemeanor criminal citation has to be dismissed?; Any advice and or answers will be greatly appreciated ty Mike

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1 Lawyer Answer
Scott Scherr
Scott Scherr
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check Maryland Judiciary Case Search to make sure you did not miss a court date. If you missed a court date, there will be a warrant. You should retain counsel or go to the Public Defender.

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