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Maryland Robbery Indictments

A Maryland robbery indictment can result in a complicated process. When the prosecutor utilizes the grand jury to get a charging document against the defendant, prosecutors always have to two options to charge somebody. They can charge the person through an application for a statement of charges that would allow the defendant to have a preliminary hearing and then have the matter brought over to circuit after the preliminary hearing. If the prosecutor wants to avoid that process, they can convene the grand jury, present the facts, and see if they can get an indictment.

The grand jury is a very powerful tool that the prosecutor has because the prosecutor gets to decide when to convene the grand jury. The defendant is not present when the case is being presented to the grand jury. The prosecutor can call whatever witnesses they want and they can ask whatever questions. If the state wants somebody indicted, they are going to be able to achieve that.

The prosecutor can utilize a grand jury and get an indictment. For more information on the process of an indictment, contact a qualified attorney today.

Circumstances of Indictment

The state would convene a grand jury, present evidence to the grand jury, and if the grand jury agreed to establish charges, it would be in the form of an indictment. If they do indict a person, those charges are signed off in front of a judge. At that point, the prosecutor can indicate to the judge if they want those charges issued by way of an arrest warrant.

The prosecutor can have a lot of control over the process, the secrecy of bringing charges against someone, and having them arrested. Often the person has already been arrested and charged, but the defendant would have the right to have a preliminary hearing. In that scenario, that case is working its way through the district court. The defendant has not yet had a preliminary hearing. Instead of continuing on that process, the prosecutor takes the same case before the grand jury, gets an indictment, and dismisses that case that is working its way through district court and proceeds on the indictment.

Indictment vs. Arrest of Robbery

The circumstances that might impact whether someone is indicted or arrested first will depend on whether or not the state has timed certain processes in a particular way. Sometimes, the state may have an investigation taking place on the person and they do not want anybody to know. They do not want the case to be charged in the district court with an application for statement of charges because that is the matter of public record.

If a police officer arrests on robbery charges and the person is arrested, it becomes public. Whereas if the person is indicted, they are not aware of the probable cause for their charges until their attorney receives discovery in the case. Some counties consistently use the grand jury to bring indictments and other counties rarely use a grand jury. It is a matter of preference for the prosecutor in that jurisdiction.

Hiring a Lawyer

A person will want to hire a competent Maryland robbery lawyer as soon as they think they are being investigated or if they are facing robbery charges. Convictions can be serious, and an attorney can try to mitigate a charge or act quickly in the case of an indictment.