Possession of Rifle or Shotgun in Maryland with Previous Conviction now Illegal

Attention: All the hunters and gun owners in Maryland, as of October 1, 2011, it is now illegal to possess a rifle or shotgun if you were previously convicted of a crime of violence or specific statute that applies to the distribution, possession with intent to distribute, or dispensing controlled dangerous substance.  

If you are found guilty of possessing a rifle or shotgun in Maryland after October 1, 2011, and have been convicted of a prior qualify crime, then you could face up to 15 years incarceration and a felony conviction on your record.
For further reading and information, I have included the text of the Maryland Public Safety statute as well as all defining statues and titles of the statutes mentioned in the new law.
Maryland Public Safety § 5-206. Possession of rifle or shotgun prohibited

(a) In general. -- A person may not possess a rifle or shotgun if the person was previously convicted of:
  (1) a crime of violence; or
  (2) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.
(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
(c) Violation is separate crime. -- Each violation of this subsection is a separate crime.


Maryland Public Safety 5-201. Definitions
(b) Rifle. -- "Rifle" has the meaning stated in § 4-201 of the Criminal Law Article.
(e) Shotgun. -- "Shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.


Maryland Public Safety 5-101 Definitions
(c) Crime of violence. -- "Crime of violence" means:
  (1) abduction;
  (2) arson in the first degree;
  (3) assault in the first or second degree;
  (4) burglary in the first, second, or third degree;
  (5) carjacking and armed carjacking;
  (6) escape in the first degree;
  (7) kidnapping;
  (8) voluntary manslaughter;
  (9) maiming as previously proscribed under former Article 27, § 386 of the Code;
  (10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
  (11) murder in the first or second degree;
  (12) rape in the first or second degree;
  (13) robbery;
  (14) robbery with a dangerous weapon;
  (15) sexual offense in the first, second, or third degree;
  (16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or
  (17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.


Maryland Criminal Law Sections Titles:
5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance.
5-603. Equipment to produce controlled dangerous substance.
5-604. Counterfeit substance.
5-605. Keeping common nuisance.
5-612. Volume dealer.
5-613. Drug kingpin
5-614. Importer of certain controlled dangerous substances.


If you are facing a charge of illegal possession of a rifle or shotgun in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900.  We have helped thousands of Maryland residents with their criminal and weapons charges, let our experience go to work for your in the Courtroom.


Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222


410-288-2900 (office 24/7)
RiceLawMD@gmail.com

Criminal Penalties for a Theft Conviction in Maryland

Theft Law in Maryland

Theft in Maryland
Criminal Defense Lawyers

Maryland Criminal Law § 7-104 provides the statutes and penalties for general theft in Maryland.

If you have been charged with Theft in Maryland, call attorney G. Randolph Rice, at 410-288-2900 for immediate legal help.

The penalties for theft in Maryland are as follows:

Theft less than $100.00:
If you are convicted of theft in Maryland and the property or services have a value of less than $100.00 then you are subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.  Theft less than $100.00 is classified as a misdemeanor in Maryland.

Theft less than $1,000.00:

If you are convicted of theft in Maryland and the property or services have a value of less than $1,000.00 then you are subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both.  Theft less than $1,000.00 is classified as a misdemeanor in Maryland.

Theft of at least $1,000.00 but less than $10,000.00:

If you are convicted of theft in Maryland and the property or services have a value of at least $1,000 but less than $ 10,000 then you are subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both.  Theft of at least $1,000.00 but less than $10,000.00 is classified as a felony in Maryland.

Theft of at least $10,000.00 but less than $100,000.00:

If you are convicted of theft in Maryland and the property or services have a value of at least $10,000 but less than $100,000 then you are subject to imprisonment not exceeding 15 years or a fine not exceeding $ 15,000 or both.  Theft of at least $10,000 but less than $100,000 is classified as a felony in Maryland.

Theft of $100,000.00 or more:

If you are convicted of theft in Maryland and the property or services have a value of $100,000.00 or more then you are subject to imprisonment not exceeding 25 years or a fine not exceeding $ 25,000 or both.  Theft of more than $100,000 is classified as a felony in Maryland.

If you are facing theft charges in a Maryland District or Circuit Court, you need the assistance of a criminal defense attorney.  Contact the Attorney G. Randolph Rice, Jr., at 410-288-2900.

Law Offices of G. Randolph Rice, Jr., LLC

6914 Holabird Avenue, Suite A

Dundalk, Maryland 21222

410-288-2900

RiceLawMD@gmail.com

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How do I find information on my Criminal Background or Receive a Criminal Background Check in Maryland

We receive a call everyday from people in Maryland that are looking for information on their criminal background or would like to have a criminal background check completed.  The best resource for criminal background checks is the FBI.  I have copied below the information page from the FBI on how to obtain your criminal background.  Follow the links that have been provided by the FBI to learn more and to request a background check.

An FBI Identification Record—often referred to as a criminal history record or a “rap sheet”—is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. The process of responding to an Identification Record request is generally known as a criminal background check.

If the fingerprints are related to an arrest, the Identification Record includes name of the agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in an Identification Record is obtained from fingerprint submissions, disposition reports, and other information submitted by agencies having criminal justice responsibilities.

The U.S. Department of Justice Order 556-73 establishes rules and regulations for the subject of an FBI Identification Record to obtain a copy of his or her own record for review. The FBI’s Criminal Justice Information Services (CJIS) Division processes these requests.

Who May Request a Copy of a Record (or Proof That a Record Does Not Exist)

Only you can request a copy of your own Identification Record.

Individuals typically make this request for personal review, to challenge the information on record, to satisfy a requirement for adopting a child in the U.S. or internationally, or to satisfy a requirement to live, work, or travel in a foreign country (i.e., police certificate, letter of good conduct, criminal historybackground, etc.).

Background Checks for Employment or Licensing

If you are requesting a background check for employment or licensing within the U.S., you may be required by state statute or federal law to submit your request through your state identification bureau, the requesting federal agency, or another authorized channeling agency. You should contact the agency requiring the background check or the appropriate state identification bureau (or state police) for the correct procedures to follow for obtaining an FBI fingerprint background check for employment or licensing purposes.

How to Request a Copy of Your Record

The FBI offers two methods for requesting your FBI Identification Record or proof that a record does not exist.

Option 1: Submit your request directly to the FBI. 

Option 2: Submit to an FBI-approved Channeler, which is a private business that has contracted with the FBI receive the fingerprint submission and relevant data, collect the associated fee(s), electronically forward the fingerprint submission with the necessary information to the FBI CJIS Division for a nationalcriminal history record check, and receive the electronic record check result for dissemination to the individual. Contact each Channeler for processing times.

Note: An FBI-approved Channeler cannot authenticate (apostille) fingerprint search results. A request for your FBI Identification Record or proof that a record does not exist must be submitted directly to the FBI if an authentication (apostille) is needed.

What Happens Next 

If we find no record, you will receive a “no record” response. If you do have a criminal history record on file, you will receive your Identification Record or “rap sheet.”

For More Information

See the responses to some frequently asked questions.

Woman held on bail in Walmart bleach attack - baltimoresun.com

Woman held on bail in Walmart bleach attack - baltimoresun.com: "A Baltimore County judge on Tuesday ordered a woman held on $350,000 bond on charges that she attacked another woman with bleach at a Lansdowne Walmart on Saturday.

Baltimore County Assistant State's Attorney John P. Cox argued that the defendant, Theresa Monique Jefferson, 33, of Lansdowne, is a danger to her former boyfriend and his new girlfriend, whom she's accused of attacking."

'via Blog this'

Click the link above to read more.

http://www.RiceLawMD.com

Baltimore County Police Officer Arrested

Baltimore County, Md. (October 5, 2011) - A Baltimore County police officer has been arrested and charged with first-degree assault and other crimes in connection with an alleged domestic incident involving his ex-girlfriend.

A warrant charging Officer First Class Brian Eaton, assigned to Precinct 4/Pikesville, with first-degree assault, second-degree assault, false imprisonment and destruction of property was served last night.

The domestic incident occurred on September 23, in the 1200-block of Halstead Road, 21234, in Precinct 6/Towson. The next day, after the matter came to the attention of BCoPD’s Internal Affairs Division, the Department suspended Eaton’s police powers, including removal of his service weapon. Internal Affairs contacted the appropriate unit to begin investigating criminal charges.

Eaton, 23, is a 5-year veteran of the Department. He has been released on $50,000 bail.

The victim is also an officer at the Pikesville precinct.

Possession of a Deadly Weapon on School Property Statute and Penalty

Have you been arrested and charged with possession of a deadly weapon on school property in Baltimore County or any school in Maryland?  You need to contact the Weapons Criminal Defense Attorney, G. Randolph Rice, Jr., at 410-288-2900. As a Baltimore based criminal defense attorney we have helped clients with their weapons charges.  Let the experience of attorney G. Randolph Rice, Jr., go to work for your in the Courtroom.
Contact the office at 410-288-2900 to schedule a free consultation.
If you are convicted of possessing a deadly weapon on school property, you could face a maximum penalty of 3 years and/or $1,000.00 fine.  
CRIMINAL LAW  
TITLE 4.  WEAPON CRIMES  
SUBTITLE 1.  GENERAL PROVISIONS
Md. CRIMINAL LAW Code Ann. § 4-102  (2011)
§ 4-102. Deadly weapons on school property 

   (a) Exceptions. -- This section does not apply to:

   (1) a law enforcement officer in the regular course of the officer's duty;

   (2) a person hired by a county board of education specifically for the purpose of guarding public school property;

   (3) a person engaged in organized shooting activity for educational purposes; or

   (4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.

(b) Prohibited. -- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.

(c) Penalty. --

   (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

   (2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.

Robbery and Armed Robbery Defense Attorney in Baltimore County Maryland

Have you been charged or arrested for Robbery, Armed Robbery, or Carjacking in Baltimore County, Maryland?  You need to call the Baltimore County Robbery Defense Attorney, G. Randolph Rice, Jr., Esquire, with the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 to schedule a free consultation to discuss your case.
Mr. Rice is a former Assistant State's Attorney and has helped clients for years with their Robbery, Armed Robbery, and Carjacking cases in Baltimore County, Maryland.
Below find the Maryland Criminal Statutes that prohibit robbery, armed robbery, and carjacking in Maryland as well as the penalties if convicted of the crime:
Contact Baltimore County based Criminal Defense Attorney G. Randolph Rice, Jr., at 410-288-2900 for immediate legal help.
CRIMINAL LAW  
TITLE 3.  OTHER CRIMES AGAINST THE PERSON  
SUBTITLE 4.  ROBBERY
Md. CRIMINAL LAW Code Ann. § 3-402  (2011)
§ 3-402. Robbery 

   (a) Prohibited. -- A person may not commit or attempt to commit robbery.

(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.



Contact Baltimore County based Criminal Defense Attorney G. Randolph Rice, Jr., at 410-288-2900 for immediate legal help.

CRIMINAL LAW  
TITLE 3.  OTHER CRIMES AGAINST THE PERSON  
SUBTITLE 4.  ROBBERY
Md. CRIMINAL LAW Code Ann. § 3-403  (2011)
§ 3-403. Robbery with dangerous weapon 

   (a) Prohibited. -- A person may not commit or attempt to commit robbery under § 3-402 of this subtitle:

   (1) with a dangerous weapon; or

   (2) by displaying a written instrument claiming that the person has possession of a dangerous weapon.

(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.



Contact Baltimore County based Criminal Defense Attorney G. Randolph Rice, Jr., at 410-288-2900 for immediate legal help.

CRIMINAL LAW  
TITLE 3.  OTHER CRIMES AGAINST THE PERSON  
SUBTITLE 4.  ROBBERY
Md. CRIMINAL LAW Code Ann. § 3-405  (2011)
§ 3-405. Carjacking 

   (a) "Motor vehicle" defined. -- In this section, "motor vehicle" has the meaning stated in § 11-135 of the Transportation Article.

(b) Prohibited -- Carjacking. --

   (1) An individual may not take unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.

   (2) A violation of this subsection is carjacking.

(c) Prohibited -- Armed carjacking. --

   (1) A person may not employ or display a dangerous weapon during the commission of a carjacking.

   (2) A violation of this subsection is armed carjacking.

(d) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(e) Sentencing. -- A sentence imposed under this section may be separate from and consecutive to a sentence for any other crime that arises from the conduct underlying the carjacking or armed carjacking.

(f) Prohibited defense. -- It is not a defense under this section that the defendant did not intend to permanently deprive the owner or possessor of the motor vehicle.


Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222

410-288-2900 (Office 24/7)

Burglary Statues in Maryland, Baltimore County Criminal Defense Attorney

Have you been charged with Burglary in Baltimore County, Maryland?  Contact the Baltimore County Burglary Attorney, G. Randolph Rice, Jr., Esquire, at 410-288-2900 with the Law Offices of G. Randolph Rice, Jr., LLC.
Below find the applicable Criminal Law Burglary Statutes for Maryland as well as the penalties for Burglary in Maryland.
Contact a Baltimore County Burglary Defense Attorney at 410-288-2900 for immediate help.
CRIMINAL LAW  
TITLE 6.  CRIMES AGAINST PROPERTY  
SUBTITLE 2.  BURGLARY AND RELATED CRIMES
Md. CRIMINAL LAW Code Ann. § 6-202  (2011)
§ 6-202. Burglary in the first degree 

   (a) Prohibited. -- A person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence.

(b) Penalty. -- A person who violates this section is guilty of the felony of burglary in the first degree and on conviction is subject to imprisonment not exceeding 20 years.


Contact a Baltimore County Burglary Defense Attorney at 410-288-2900 for immediate help.



CRIMINAL LAW  
TITLE 6.  CRIMES AGAINST PROPERTY  
SUBTITLE 2.  BURGLARY AND RELATED CRIMES
Md. CRIMINAL LAW Code Ann. § 6-203  (2011)
§ 6-203. Burglary in the second degree 

   (a) Prohibited -- Breaking and entering with intent to commit theft, violence, or arson. -- A person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree.

(b) Same -- Breaking and entering with intent to steal firearm. -- A person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm.

(c) Penalty. -- A person who violates this section is guilty of the felony of burglary in the second degree and on conviction is subject to:

   (1) for a violation of subsection (a) of this section, imprisonment not exceeding 15 years; and

   (2) for a violation of subsection (b) of this section, imprisonment not exceeding 20 years or a fine not exceeding $ 10,000 or both.


Contact a Baltimore County Burglary Defense Attorney at 410-288-2900 for immediate help.




CRIMINAL LAW  
TITLE 6.  CRIMES AGAINST PROPERTY  
SUBTITLE 2.  BURGLARY AND RELATED CRIMES
Md. CRIMINAL LAW Code Ann. § 6-204  (2011)
§ 6-204. Burglary in the third degree 

   (a) Prohibited. -- A person may not break and enter the dwelling of another with the intent to commit a crime.

(b) Penalty. -- A person who violates this section is guilty of the felony of burglary in the third degree and on conviction is subject to imprisonment not exceeding 10 years.



CRIMINAL LAW  
TITLE 6.  CRIMES AGAINST PROPERTY  
SUBTITLE 2.  BURGLARY AND RELATED CRIMES
Md. CRIMINAL LAW Code Ann. § 6-205  (2011)
Contact a Baltimore County Burglary Defense Attorney at 410-288-2900 for immediate help.

§ 6-205. Burglary in the fourth degree 

   (a) Prohibited -- Breaking and entering dwelling. -- A person may not break and enter the dwelling of another.

(b) Same -- Breaking and entering storehouse. -- A person may not break and enter the storehouse of another.

(c) Same -- Being in or on dwelling, storehouse, or environs. -- A person, with the intent to commit theft, may not be in or on:

   (1) the dwelling or storehouse of another; or

   (2) a yard, garden, or other area belonging to the dwelling or storehouse of another.

(d) Same -- Possession of burglar's tool. -- A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle.

(e) Penalty. -- A person who violates this section is guilty of the misdemeanor of burglary in the fourth degree and on conviction is subject to imprisonment not exceeding 3 years.

(f) Conviction of theft. -- A person who is convicted of violating § 7-104 of this article may not also be convicted of violating subsection (c) of this section based on the act establishing the violation of § 7-104 of this article.

Suspect Arrested in Laser Pointer incident in Baltimore County, Maryland

(Middle River, MD) – A Baltimore County juvenile was arrested last night after he endangered an in-flight Maryland State Police helicopter crew by repeatedly spotlighting the aircraft with a green laser.  

The juvenile suspect will only be identified as a 14-year-old male from Middle River.  He is charged with reckless endangerment, attempted second degree assault on police, obstruction and hindering police, and prohibited use of a laser pointer.  After processing, he was released to the custody of his parents.

Shortly after 11:00 p.m. yesterday, Trooper One, a Maryland State Police 365N Dauphin III helicopter based at Martin State Airport, was assisting Baltimore County Police with an aerial search for a suicidal person.  Pilot Shawn McGinley and Trooper/Flight Paramedic Joshua Heins were flying in the vicinity of Eastern Blvd. and Kingston Road when a flash illuminated the cockpit of the aircraft.  Knowing the potential dangers to the flight crew, Pilot McGinley was initiating precautionary maneuvers when a second bright green laser light illuminated the cockpit once again.  The laser beam location was noted directly off the nose of the aircraft exactly one-half mile from the aircraft’s search position.

 The flight crew was able to pinpoint the residence where the laser beam originated and illuminated the house with a light of their own, the three million candlepower Nite-Sun search light.  Pilot McGinley positioned the aircraft  in a hover in front of the residence.  TFC Heins notified the Baltimore County Police dispatcher & SYSCOM of the incident and directed patrol units to the residence.  Within six minutes of the laser incident, Baltimore County police officers arrived at the residence, identified a juvenile suspect, and recovered a green laser pointer.  Trooper One then returned to their previous mission in an attempt to locate the suicidal person.      

Shining lasers at aircraft can have very serious and potentially catastrophic effects. A direct laser strike in an aircraft cockpit can cause temporary blindness and disorientation for the flight crew.   If the flash occurs during a critical phase of flight, the crew members can be temporarily incapacitated and unable to perform their in-flight functions effectively.  The Maryland State Police Aviation Command has experienced a half dozen laser incidents in 2011 with two leading to prosecution.  

“The safety of our flight crews is paramount and we continue to remain vigilant to aggressively inform the public of the serious nature of this unnecessary act before any injuries occur,” said Lieutenant Walter A. Kerr, Helicopter Operations Commander.  “We intend to do everything possible to curtail this activity and allow our flight crews to perform their duties of behalf of the citizens of Maryland.”  
    
Aviation Command personnel have contacted the FAA concerning this incident. A cooperative effort with the Baltimore County Police and their quick response led to a positive outcome in this situation.


Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222

410-288-2900 Office 24/7

What is a Stet in Maryland Courts for Criminal Cases

Stet in Maryland: Explained by a Maryland Criminal Defense Attorney

Are you facing criminal charges in Maryland and you want your charges to be placed on the Stet Docket. Below find the Maryland Rules that defines a Stet.  
If you want to receive a stet for your criminal charges in Maryland, contact the Maryland Criminal Defense Attorney, G. Randolph Rice, Jr, Esquire, at 410-288-2900 or email him by clicking here.  As a former Assistant State's Attorney, Mr. Rice has helped thousands of clients with their criminal charges in Maryland.  
Let his experience be your guide in the Courtroom. All consultations are free, contact the office 24/7 at 410-288-2900 for immediate help.
Law Offices of G. Randolph Rice, Jr., LLC 6914 Holabird Avenue, Suite A Baltimore, Maryland 21222-1747 410-288-2900
*** Current through chapters of the 2011 Regular Session of the General Assembly
that took effect through July 1, 2011 ***
MARYLAND RULES  
TITLE 4. CRIMINAL CAUSES  
CHAPTER 200. PRETRIAL PROCEDURES
Maryland Rule 4-248. Stet 

(a) Disposition by stet. On motion of the State's Attorney, the court may indefinitely postpone trial of a charge by marking the charge "stet" on the docket. The defendant need not be present when a charge is stetted but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice of the stet to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the charge was stetted. If notice is required, the clerk may send one notice that lists all of the charges that were stetted. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.

(b) Effect of stet. When a charge is stetted, the clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of the charge, unless the court orders that any warrant or detainer shall remain outstanding.

What is a Nolle Prosequi in Maryland Criminal Cases

Have you been charged with a criminal offense in Maryland?  You need to contact the Maryland Criminal Defense Attorney G. Randolph Rice, Jr., Esquire, at 410-288-2900.  A Baltimore based criminal defense, DUI, DWI, and traffic violation attorney, as a former Assistant State's Attorney, Mr. Rice has handled thousands of cases for clients.  Let his experience go to work for you in the Courtroom.
Mr. Rice is often asked; What is a Nolle Prosequi or "Nolle Pros" in Maryland.  Below find the Maryland Rule that sets forth the procedure for a Nolle Prosequi in Maryland Courts.  Contact Mr. Rice if you are facing criminal charges in Maryland, conviction on your record can affect you for the rest of your life, jeopardizing jobs, relationships, and your reputation in the community.
Law Offices of G. Randolph Rice, Jr., LLC6914 Holabird Avenue, Suite ABaltimore, Maryland 21222-1747410-288-2900Click Here to Email Mr. Rice
*** Current through chapters of the 2011 Regular Session of the General Assembly
that took effect through July 1, 2011 ***
MARYLAND RULES  
TITLE 4. CRIMINAL CAUSES  
CHAPTER 200. PRETRIAL PROCEDURES
Md. Rule 4-247 (2009)
Rule 4-247. Nolle prosequi 
   (a) Disposition by nolle prosequi. The State's Attorney may terminate a prosecution on a charge and dismiss the charge by entering a nolle prosequi on the record in open court. The defendant need not be present in court when the nolle prosequi is entered, but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the nolle prosequi was entered. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed.

(b) Effect of nolle prosequi. When a nolle prosequi has been entered on a charge, any conditions of pretrial release on that charge are terminated, and any bail bond posted for the defendant on that charge shall be released. The clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of that charge.

Nolle Prosequi
Maryland Criminal Defense Attorney
G. Randolph Rice, Jr., Esquire

Mandatory Sentences for Crimes of Violence in Maryland

If you are facing criminal charges in Baltimore County Maryland, and you are eligible for subsequent offender sentencing, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 to discuss your charges and possible defenses.  
Below find the Maryland Criminal Law Section that directs the sentencing for an individual that has been previously convicted of a crime of violence in Maryland.
*** Current through chapters of the 2011 Regular Session of the General Assembly
that took effect through July 1, 2011 ***
CRIMINAL LAW  
TITLE 14.  GENERAL SENTENCING PROVISIONS  
SUBTITLE 1.  SENTENCING
Md. CRIMINAL LAW Code Ann. § 14-101  (2011)
§ 14-101. Mandatory sentences for crimes of violence 


   (a) "Crime of violence" defined. -- In this section, "crime of violence" means:

   (1) abduction;

   (2) arson in the first degree;

   (3) kidnapping;

   (4) manslaughter, except involuntary manslaughter;

   (5) mayhem;

   (6) maiming, as previously proscribed under former Article 27, §§ 385 and 386 of the Code;

   (7) murder;

   (8) rape;

   (9) robbery under § 3-402 or § 3-403 of this article;

   (10) carjacking;

   (11) armed carjacking;

   (12) sexual offense in the first degree;

   (13) sexual offense in the second degree;

   (14) use of a handgun in the commission of a felony or other crime of violence;

   (15) child abuse in the first degree under § 3-601 of this article;

   (16) sexual abuse of a minor under § 3-602 of this article if:

      (i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and

      (ii) the offense involved:

         1. vaginal intercourse, as defined in § 3-301 of this article;

         2. a sexual act, as defined in § 3-301 of this article;

         3. an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or

         4. the intentional touching, not through the clothing, of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse;

   (17) an attempt to commit any of the crimes described in items (1) through (16) of this subsection;

   (18) continuing course of conduct with a child under § 3-315 of this article;

   (19) assault in the first degree;

   (20) assault with intent to murder;

   (21) assault with intent to rape;

   (22) assault with intent to rob;

   (23) assault with intent to commit a sexual offense in the first degree; and

   (24) assault with intent to commit a sexual offense in the second degree.

(b) Scope of section. -- This section does not apply if a person is sentenced to death.

(c) Fourth conviction of crime of violence. --

   (1) Except as provided in subsection (g) of this section, on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole.

   (2) Notwithstanding any other law, the provisions of this subsection are mandatory.

(d) Third conviction of crime of violence. --

   (1) Except as provided in subsection (g) of this section, on conviction for a third time of a crime of violence, a person shall be sentenced to imprisonment for the term allowed by law but not less than 25 years, if the person:

      (i) has been convicted of a crime of violence on two prior separate occasions:

         1. in which the second or succeeding crime is committed after there has been a charging document filed for the preceding occasion; and

         2. for which the convictions do not arise from a single incident; and

      (ii) has served at least one term of confinement in a correctional facility as a result of a conviction of a crime of violence.

   (2) The court may not suspend all or part of the mandatory 25-year sentence required under this subsection.

   (3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of § 4-305 of the Correctional Services Article.

(e) Second conviction of crime of violence. --

   (1) On conviction for a second time of a crime of violence committed on or after October 1, 1994, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person:

      (i) has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 1994; and

      (ii) served a term of confinement in a correctional facility for that conviction.

   (2) The court may not suspend all or part of the mandatory 10-year sentence required under this subsection.

(f) Compliance with Maryland Rules. -- If the State intends to proceed against a person as a subsequent offender under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

(g) Eligibility for parole after age 65. --

   (1) A person sentenced under this section may petition for and be granted parole if the person:

      (i) is at least 65 years old; and

      (ii) has served at least 15 years of the sentence imposed under this section.

   (2) The Maryland Parole Commission shall adopt regulations to implement this subsection.