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What does Hicks Complied mean?

Laurel, MD |

My crimininal court records make reference to Hick Complies and I got a PBJ. What does Hicks Complied mena?

Attorney Answers 4

Posted

This means that your case complied with the ruling in the appellate decision known as State v. Hicks. In that case, the Court of Appeals held that the Court Rule and Maryland Statute requiring a defendant to be tried within 120 days, absent extraordinary circumstances, was mandatory. Thus, the note in your case reflects that the 120 day deadline was complied with.

Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.

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Posted

The Hicks rule, which is codified in Criminal Procedure Article 6-103 and stated in Maryland Rule 4-271 clearly states that a case must be brought to trial not within 120 days, but 180 days. That is the correct number of days the State has to bring a person to trial. Again, I only write to correct misinformation. This rule is different than the constitutional requirements for speedy trial under Barker v. Wingo. If you have questions, consult with an attorney that has experience in criminal law on this site.

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Posted

Perhaps my collegue has not read the Hicks decision. In Hicks, the Court was considering the applicability of the then existing 120 day rule. While the Rule has since been changed, in my answer to the question, I was explaining the ruling and not the presently existing Rule. Counsel was welcome to add to my answer; however, the notion that a "correction" is necessary is simply a false statement.

Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.

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1 comment

Abraham Fernando Carpio-Gonzalez

Abraham Fernando Carpio-Gonzalez

Posted

The current state of the law is 180 days. Period. And that's what State compliance means.

Posted

The Hicks rule is basically that you have a right to a trial within 180 days of your initial appearance unless it is waived by you or the admininstrative judge for good cause. It is an effort to afford those accused a speedy trial.

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Asker

Posted

Can you tell me which iniitial appearance they would be talking about? The arraignment hearing, the very first time they appeared in court about this issue, or the date the jury trial begins?

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