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Criminal Justice Process

This Flowchart shows how cases “flow” through the criminal justice system in Maryland.

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What does the Office do?

  • After a case has been charged by the police and an arrest has been made, the State's Attorney's Office receives and reviews the statement of charges and makes bond recommendations. The recommendations are based on the seriousness of the charges and input from the pre-trial services department. Recommendations can include continued incarceration, release with pre-trial supervision and release without pre-trial supervision.
  • After police file charges, the State's Attorney's Office reviews the cases and determines whether cases will proceed in District Court (for misdemeanor charges) or whether they will be transferred to Circuit Court (for felony charges). Cases can be transferred to Circuit Court by filing a criminal information or by presenting a criminal indictment to a grand jury.
  • The State's Attorney's Office conducts outreach and provides resources and information to victims of crimes.
  • The State's Attorney's Office screens defendants for potential diversion programs including Alternative Community Service, Drug Court, Mental Health Court, or other alternatives to prosecution.
  • The State's Attorney's Office investigates cases for additional evidence or victim participation.
  • The State's Attorney's Office prepares and litigates cases at pre-trial motions, hearings, and trials.
  • The State's Attorney's Office extends plea offers as warranted based on the facts of the case and with consideration from victims and police.
  • The State's Attorney's Office makes sentencing recommendations.
  • The State's Attorney's Office collaborates with multiple government agencies and the public to develop programs to address the safety and well-being of the community. These programs include the Truancy Prevention Program, Speak Up Save a Life and Choose Respect.

What does the Office not do?

  • Unlike most states, in Maryland initial charging decisions in criminal cases are not made by the State's Attorney's Office. Criminal cases are filed directly by the police or by citizens who can file charges through a commissioner.

  • Arrest individuals. Law enforcement arrests individuals when they find probable cause to believe an offense has occurred.

  • Set bond. A District Court Commissioner makes an initial determination as to the amount and conditions of bond. If an individual is held by the Commissioner, they appear in front of a District Court Judge who sets bond conditions with input from pre-trial services, the State's Attorney's Office, and the defense.

  • Impose sentences. Although the State's Attorney's Office can recommend a specific sentence, the court is charged with sentencing.