Frequently Asked Questions
If you are involved in a criminal case as a victim, witness or defendant, it is natural to have questions about the court process and what to expect. The information below addresses some of the most commonly asked questions received by the Charles County State’s Attorney’s Office.
01.
How do I initiate a criminal complaint against someone?
If a crime is committed in the presence of a police officer, the officer may make an arrest immediately.
If a crime was not committed in the presence of law enforcement, individuals may contact the Charles County Sheriff’s Office to request that a report be taken and an investigation conducted.
In Maryland, citizens may also initiate criminal charges independently by appearing before a commissioner and completing an application for a statement of charges.
If the commissioner determines probable cause exists, charging documents may be issued. The individual filing the application may then meet with an Assistant State’s Attorney to discuss the case further.
If a crime was not committed in the presence of law enforcement, individuals may contact the Charles County Sheriff’s Office to request that a report be taken and an investigation conducted.
In Maryland, citizens may also initiate criminal charges independently by appearing before a commissioner and completing an application for a statement of charges.
If the commissioner determines probable cause exists, charging documents may be issued. The individual filing the application may then meet with an Assistant State’s Attorney to discuss the case further.
02.
Do I need my own private attorney if I am a victim or witness in a criminal case?
In most cases, no.
The State’s Attorney’s Office presents witness testimony and handles prosecution of the criminal case on behalf of the State of Maryland.
In some situations, victims may choose to consult with a private attorney regarding separate civil matters outside the criminal case.
The State’s Attorney’s Office presents witness testimony and handles prosecution of the criminal case on behalf of the State of Maryland.
In some situations, victims may choose to consult with a private attorney regarding separate civil matters outside the criminal case.
03.
How do I protect myself from the defendant?
If you have been threatened or assaulted by a defendant or another individual related to the case, contact the Charles County Sheriff’s Office immediately.
Victims of domestic violence may also have additional legal protections available, including:
Victims of domestic violence may also have additional legal protections available, including:
- Protective orders
- Peace orders
- Emergency assistance resources
04.
What information should I have when contacting the State’s Attorney’s Office?
If you are calling regarding a specific case, it is helpful to have:
If you have been working with a law enforcement officer, it may also help to have the officer’s name and identification number available.
- Defendant’s name
- Case number
- Trial date
- Any paperwork received from the court or State’s Attorney’s Office
If you have been working with a law enforcement officer, it may also help to have the officer’s name and identification number available.
05.
When and how is restitution paid?
Restitution may be ordered for:
Restitution generally cannot be awarded for lost wages in a criminal case.
If restitution is ordered, payment timing depends on:
An order of restitution may also be filed as a civil judgment.
- Property damage
- Medical expenses
- Funeral expenses
Restitution generally cannot be awarded for lost wages in a criminal case.
If restitution is ordered, payment timing depends on:
- The amount ordered
- The defendant’s ability to pay
- Court-approved payment schedules
An order of restitution may also be filed as a civil judgment.
06.
Can I drop charges?
Once charges are filed, only an Assistant State’s Attorney may dismiss them.
If you have concerns about your case, you are encouraged to contact the State’s Attorney’s Office or speak with a member of the Victim Witness Assistance Unit.
If you have concerns about your case, you are encouraged to contact the State’s Attorney’s Office or speak with a member of the Victim Witness Assistance Unit.
07.
Why is the State of Maryland involved in the case?
The State’s Attorney’s Office represents the people of the State of Maryland in criminal prosecutions.
In many cases, law enforcement officers investigate an incident, complete a report and file charges. The State’s Attorney’s Office then reviews and prosecutes the case on behalf of the State.
In many cases, law enforcement officers investigate an incident, complete a report and file charges. The State’s Attorney’s Office then reviews and prosecutes the case on behalf of the State.
08.
I am a victim and the defendant continues to contact me. What should I do?
If a defendant continues to contact, threaten or harass you, contact law enforcement immediately.
The court may issue orders restricting contact between defendants and victims or witnesses. In some situations, the State’s Attorney’s Office may request additional court action regarding bond conditions.
The court may issue orders restricting contact between defendants and victims or witnesses. In some situations, the State’s Attorney’s Office may request additional court action regarding bond conditions.
09.
How can I find out my court date?
Court dates may be searched online through the Maryland Judiciary Case Search website.
You may also contact the State’s Attorney’s Office directly. Please have your case number available if possible.
You may also contact the State’s Attorney’s Office directly. Please have your case number available if possible.
10.
I received a subpoena to appear in court. Do I have to appear?
Yes. A subpoena is a court order requiring your appearance.
Individuals receiving subpoenas should:
Failure to appear may result in court action, including a body attachment.
Individuals receiving subpoenas should:
- Arrive on time
- Dress appropriately
- Follow all court instructions
Failure to appear may result in court action, including a body attachment.
11.
How long will my court appearance take?
Court appearances vary greatly depending on:
You should plan to be available for the full day unless advised otherwise.
- Court scheduling
- Case complexity
- Delays or continuances
- Number of witnesses involved
You should plan to be available for the full day unless advised otherwise.
12.
What happens if a defendant fails to appear in court?
If a defendant fails to appear, the court may issue a warrant for arrest.
13.
What happens if a witness or victim does not appear in court?
A subpoena is a legal court order requiring attendance.
Failure to appear may result in:
Failure to appear may result in:
- Delay of proceedings
- Dismissal of charges in some circumstances
- Court-issued body attachment
- Possible contempt proceedings
14.
Will the case continue if I am not there?
That decision is made by the judge assigned to the case.
Depending on the circumstances, the judge may:
Depending on the circumstances, the judge may:
- Continue the case
- Dismiss the case
- Hold an individual in contempt of court
15.
What is a plea bargain?
A plea bargain, also called a plea agreement, occurs when a defendant agrees to plead guilty under terms reviewed by the court.
Plea agreements may:
Plea agreements may:
- Resolve cases more efficiently
- Provide certainty regarding criminal convictions
- Establish agreed-upon sentencing recommendations