Quick answer: If you were just charged in Maryland, three things decide the next few weeks. Where the case sits — District Court for misdemeanors, Circuit Court for felonies and anything you demand a jury trial on. Whether you are released — a commissioner decides first, and a judge reviews it at the next session of court, usually within a day. What disposition you can realistically reach — dismissal, acquittal, or a probation before judgment, which under Maryland law is not a conviction. Nothing about a charge is automatic, and almost nothing about it is decided on the day you are arrested.
I’m David Waranch, and I’ve represented thousands of Maryland residents charged with crimes and serious traffic offenses in courts across the state.
The First Day: Commissioner, Then Bail Review
Step one is the District Court commissioner. Maryland Rule 4-212 requires an arrested person to be taken before a judicial officer without unnecessary delay and no more than 24 hours after arrest. Commissioners sit around the clock; the commissioner finds probable cause, advises you of the charges and your right to counsel, and either releases you or sets conditions.
Step two is bail review before a judge — not optional, and not something you must request. Md. Code, Crim. Proc. § 5-215 is one sentence long:
“A defendant who is denied pretrial release by a District Court commissioner or who for any reason remains in custody after a District Court commissioner has determined conditions of release under Maryland Rule 4-216 shall be presented to a District Court judge immediately if the Court is in session, or if the Court is not in session, at the next session of the Court.”
In practice, the next court day. The judge starts over rather than rubber-stamping the commissioner, and has release options a commissioner does not. More on how bail works in Maryland.
What the Bail Rules Actually Require
Maryland rewrote its pretrial release rule in 2017. Three provisions of Rule 4-216.1 matter most.
- Release is the default. Rule 4-216.1(b)(1) says the rule “is designed to promote the release of defendants on their own recognizance or, when necessary, unsecured bond,” with “preference… given to additional conditions without financial terms.”
- Least onerous conditions. Rule 4-216.1(b)(3): a judicial officer who declines straight recognizance must impose “the least onerous condition or combination of conditions” that reasonably ensures your appearance and the safety of victims and the community.
- You cannot be jailed just because you are broke. Rule 4-216.1(e)(1) bars a financial condition of release “in form or amount that results in the pretrial detention of the defendant solely because the defendant is financially incapable of meeting that condition.”
The same rule bars money bail set to prevent future crime, to punish, or “to placate public opinion,” and bars a fixed schedule tied to the charge. Crim. Proc. § 5-101 sets the policy: “relying on criminal sanctions instead of financial loss to ensure the appearance of a defendant.”
The mistake that costs people the most. “If I explain what really happened, they’ll drop it.” They will not. The officer questioning you has no power to drop anything — charging decisions belong to the State’s Attorney, and by the time you are being interviewed the officer has usually already decided to charge. Police are allowed to mislead you about what evidence they have. Nothing you say gets written down as “he cooperated”; it gets written down as a statement and read to a judge months later. Say clearly that you want a lawyer and that you are not answering questions, and then stop talking — including on recorded jail phone calls. That is not obstruction. It is the one right that due process guarantees you can use without penalty.
District Court or Circuit Court, and Why It Matters
Maryland has two trial courts. Cts. & Jud. Proc. § 4-301(b)(1) gives the District Court exclusive original jurisdiction over misdemeanors “regardless of the amount of money or value of the property involved,” and § 4-302(a) bars it from trying a felony.
| District Court | Circuit Court | |
|---|---|---|
| Typical cases | Misdemeanors, most traffic crimes, theft under the felony threshold | Felonies, and any case where a jury trial is demanded |
| Who decides guilt | A judge. No juries, ever. | A judge or a jury of 12 |
| How you get there | Charging document filed by the State or an officer | Indictment, criminal information, or a jury trial demand from the District Court |
| Preliminary hearing | Available on felonies the District Court cannot try | Not applicable once indicted |
| If you lose | Appeal within 30 days and get a brand-new trial in Circuit Court | Appeal on the record to the Appellate Court of Maryland |
The jury trial demand is the lever most people never hear about. Under § 4-302(e), the District Court loses jurisdiction if a defendant entitled to a jury trial demands one before trial begins — and you are entitled whenever the offense “permits imprisonment for a period in excess of 90 days.” Second-degree assault qualifies; most jailable traffic offenses do not.
Under Cts. & Jud. Proc. § 12-401(f), a District Court criminal appeal is “tried de novo,” and the order for appeal must be filed within 30 days of final judgment. On a felony that starts in District Court, the intermediate step is a preliminary hearing, where the State must show probable cause.
“Misdemeanor” Does Not Mean Minor in Maryland
A Maryland misdemeanor can carry ten years. The label tells you which courthouse you are in, not what you are risking.
| Charge | Class | Maximum penalty |
|---|---|---|
| Second-degree assault (Crim. Law § 3-203(b)) | Misdemeanor | 10 years and/or $2,500 |
| Second-degree assault causing physical injury to a police officer, first responder, or probation agent (§ 3-203(c)) | Felony | 10 years and/or $5,000 |
| Theft under $100 (§ 7-104(g)(3)) | Misdemeanor | 90 days and/or $500 |
| Theft $100 to under $1,500 (§ 7-104(g)(2)) | Misdemeanor | 6 months first offense; 1 year on a second, plus $500 |
| Theft $1,500 to under $25,000 | Felony | 5 years and/or $10,000 |
| Theft $25,000 to under $100,000 | Felony | 10 years and/or $15,000 |
| Theft $100,000 or more | Felony | 20 years and/or $25,000 |
| Possession of a controlled substance, first offense (Crim. Law § 5-601(c)(1)) | Misdemeanor | 1 year and/or $5,000 |
| Possession of cannabis above the personal use amount (§ 5-601(c)(2)) | Misdemeanor | 6 months and/or $1,000 |
Theft is aggregated and valued by the State, and that value is frequently arguable — $1,450 versus $1,550 is misdemeanor versus felony. Cannabis is legal in Maryland for adults 21 and over up to the personal use amount, and the smaller civil use amount is a civil offense with a fine capped at $250, not a crime. Drug possession under § 5-601 is one of the few charges a Circuit Court generally cannot try at all unless you demand a jury trial or appeal.
Probation Before Judgment: What a PBJ Really Does
A PBJ is what most Maryland criminal cases are fought toward when an outright win is not available. Under Crim. Proc. § 6-220(b), after a guilty plea or finding of guilt the court can stay entry of judgment, defer proceedings, and place you on probation instead — if it finds that serves your best interests and the public welfare, and you consent in writing.
The payoff is subsection (i)(3):
“Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.”
It is not a magic eraser, though. Four limits catch people out:
- It stays on your record until expunged. The charge and the PBJ remain publicly visible. Under Crim. Proc. § 10-105(c)(2) you cannot file the expungement petition until the later of discharge from probation or three years after the PBJ was granted — and for a PBJ on a DUI or DWI, not for 15 years after discharge. Here is what Maryland lets you expunge.
- Violate the probation and the deal disappears. Section 6-220(h) lets the court enter judgment and proceed as if the PBJ had never been given, up to the full maximum for the underlying charge.
- You give up your appeal. Accepting a PBJ waives the right to appeal from the finding of guilt under § 6-220(g).
- You do not always get a second one. Section 6-220(f) bars a PBJ for a DUI if within the preceding 10 years you were convicted of, or given a PBJ for, a listed drunk- or drugged-driving offense, and generally bars one for a second controlled dangerous substance crime. Whether you can get a PBJ twice in Maryland depends on which statute you are charged under.
A PBJ still means real probation with real conditions — see what a PBJ means for your probation status.
Charges I Handle
If your charge has a page below, start there — each goes deeper than this page can.
| Charge | Where to go next |
|---|---|
| Assault, second degree | Call me. Ten years of exposure on a misdemeanor, and jury trial rights attach. |
| Theft and shoplifting | Maryland theft charges explained |
| Drug possession and CDS charges | Call me. A first possession charge is usually PBJ-eligible; a second CDS charge usually is not. |
| DUI and DWI | Maryland DUI defense and DUI penalties |
| Driving under the influence of drugs | Drugged driving in Maryland |
| Driving while suspended or revoked | Driving while suspended |
| Hit and run / leaving the scene | Leaving the scene of an accident |
| Reckless driving (jailable since 1 October 2025) | Reckless driving defense |
| Fleeing or eluding police | Fleeing and eluding |
| Failure to appear / open bench warrant | Maryland bench warrants |
| Everything else on four wheels | Maryland traffic defense |
Local practice varies more than the statutes do; the same charge is treated differently one county over. Here are the Maryland counties I appear in.
What to Do Right Now
- Read your charging papers. They name the exact statute charged, the court, and the trial date. That number determines jury rights, maximum penalty, and PBJ eligibility.
- Preserve what will disappear. Surveillance video is often overwritten in days. Photograph injuries and scenes now, and write down witness names.
- Do not miss a court date. A failure to appear turns a defensible case into a bench warrant.
Frequently Asked Questions
No. Maryland Rule 4-216.1(e)(1) says a judicial officer may not impose a financial condition of release in a form or amount that results in pretrial detention solely because the defendant is financially incapable of meeting it. The rule also requires the least onerous conditions that will reasonably ensure your appearance and public safety, and it bars money bail set from a fixed schedule tied to the charge. If a commissioner sets a bail you cannot pay, a District Court judge reviews it at the next session of court.
The District Court has exclusive original jurisdiction over misdemeanors and cannot try most felonies, and it has no juries at all. The Circuit Court handles felonies and any case where the defendant demands a jury trial. You are entitled to demand a jury trial only if the offense permits imprisonment for more than 90 days. If you lose in District Court you can note an appeal within 30 days and get a completely new trial in Circuit Court, tried de novo rather than reviewed on the record.
No. Criminal Procedure section 6-220(i)(3) says discharge from probation before judgment is without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law. But the charge and the PBJ remain publicly visible until they are expunged, and you cannot file the expungement petition until the later of your discharge from probation or three years after the PBJ was granted. For a PBJ on a DUI or DWI the wait is 15 years after discharge.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Crim. Proc. §§ 5-101, 5-215, 6-220, 10-105; Md. Code, Cts. & Jud. Proc. §§ 4-301, 4-302, 12-401; Md. Code, Crim. Law §§ 3-203, 5-601, 7-104; Md. Rules 4-212, 4-216, 4-216.1. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.