I was subpeonaed2 court for a felony had no prelim hearing or indictment but case was moved to high court was dueprocess ignored

Asked about 1 year ago - Westminster, MD

the charge was theft scheme I hired a lawyer who asked that the case b heard in Circuit Court,it was set for trial in District without a Preliminary when he prayed jury.I dont understand how I was not arrested nor saw a commisioner or had aprelim set the store accused me of taking 7 pair of jeans and 3 jerseys but in thepolice report no value was placed on the items none were recovered but yet I am facing a felony over $1000 though the store never accused that the police just charged me that way.The jeans were$89 and the jerseys $100 added together is less than 1000 it seems that this would have been brought up in the preliminary but none was ever schedueled

Attorney answers (3)

  1. Warren E Tydings Jr

    Contributor Level 12

    Answered . If you hired an attorney to represent you there must have been a reason. If there is no charging document servrd or arrest made you had no reason to have an attorney or be in court. If the value of the goods does not add up to $1000.00 then your attorney should be able to show that. You need to ask your attorney these questions. He must explain it all to you. If you no longer have an attorney, many of us offer free consultaions. Feel free to ask.

    This response is based on information provided. Many variables may exist that can only be addressed in an... more
  2. William Lawrence Welch III

    Contributor Level 16

    Answered . There is more than one way for the prosecution to bring charges. While a complaint in preliminary hearing in the District Court is one way, the other way is to seek a grand jury indictment and bring charges directly in Circuit Court.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor... more
  3. David Keith Felsen

    Pro

    Contributor Level 11

    Answered . You should direct this question to your lawyer. From what you describe, due process was not ignored. The case was origibnally in District Court (where is should have been). Because you faced a penalty of more than 90 days, you had the right to have a jury trial. Your lawyer asked for a jury. Jury trials only take place in the Circuit Court (the "higher" court). I am sure your attorney had a stratigic purpose in moving the case. You should bring all the issues up with him/her.

    In terms of the charging document and arrest issues, everything seems fine. You don't have to be arrested. You could be required to appear if the commisiioner issues a summons. You would not be entitled to a preliminary hearing because the charge was within the jurisdiction of the District Court.

    You really should discuss these matters with your lawyer.

    Please understand, without forming an attorney/client relationship this office is not providing legal advice. We... more

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