Charging and Filing

In Maryland, misdemeanors (including traffic cases) and petty offenses/infractions generally are heard in District Court. Felony cases generally are heard in Circuit Court. The State’s Attorney’s Office (SAO) also reviews serious misdemeanor cases to determine whether they should be handled in the Circuit Court or kept in the District Court.

A case starts with a referral to court by law enforcement, generally following an arrest, or through a complaint. Prosecutors then review cases to determine if the case should proceed or if it should be declined, generally through the decision by prosecutors to "Nol Pros" the case. If the prosecutor chooses to proceed in Circuit Court, the SAO presents the case to the Grand Jury for Indictment or files an Information – the first paper filed in criminal prosecution stating the crime for which the defendant is accused – to start the criminal proceeding. 

This section first presents data on the percent of cases referred to District Court and Circuit Court that are declined for prosecution. It then presents data on all criminal cases accepted for prosecution and filed in District Court and Circuit Court.

Why is this important?  The SAO makes decisions based on the cases they receive from law enforcement; they are not responsible for arresting or citing individuals. The office may decide not to file a case for a number of reasons, such as insufficient evidence or when the charges did not rise to the level of a crime. To support community safety, we want to maximize limited resources by focusing on serious crime while minimizing unnecessary punitiveness. Understanding the number and types of cases filed by the SAO helps to ensure we use resources efficiently, effectively, and fairly.

Notes 

• Each case is represented once, by the top charge filed. 
• For definitions of charge types included in the dashboard, see the full list in Technical Notes.