Court Process for a Maryland Child Abuse Case

Once a person is charged, and they go through the initial bail review process with a magistrate judge, they receive a court date.  While it is sometimes possible in District Court to actually proceed to trial on this initial court date, usually the initial court date functions as a status hearing.

In more serious cases of child abuse and other forms of domestic violence, the initial court date may be a status hearing to review the situation and any preliminary issues that may occur. At this time, the prosecutor and the defense attorney may also schedule the additional proceedings.

Discovery

During the discovery stage of the court process, the prosecutor gives the defense attorney the evidence and information generated in the case to review, according to state law. Discovery may include witness statements, photographs of evidence, and police reports. Social services may also turn over any evidence and reports from their investigation. Depending on whether a district court or circuit court hears a case, there are certain limitations on how long a defendant and their attorney may review this information.

Negotiations

At some point during the Maryland court process, the prosecutor may make an offer to the defendant to resolve the child abuse case. Usually, this offer involves a guilty plea in exchange for a lesser charge or less severe penalties. For example, a prosecutor may offer the option for a diversion program in exchange for a guilty plea that does not stay on their criminal record.

Then, an attorney could discuss any plea offers with the accused and negotiate with the prosecutor to come to an agreement that is optimal for both parties. If the parties are able work out an agreement, both parties inform the judge which concludes the case.

Trial

If the parties cannot come to an agreement, the case may proceed to trial. During the Maryland court process, a defense attorney for a child abuse case may file a motion to keep out certain evidence or to have the case dismissed. If there are certain procedural errors or other issues with the case, a judge rules on those motions after the prosecutor has a chance to respond. If the case is still active, it goes to trial, and the judge or a jury hears all the evidence presented by the prosecutor.

The defense then has the opportunity to present evidence, and the judge or jury decides whether the person is guilty or not. When a minor is involved, the Department of Social Services issues a report and may become a witness as part of their investigation.

Who Hears Child Abuse Cases in Maryland?

Misdemeanor neglect and other minor charges are generally brought in district court initially. Any case that goes to trial in district court in Maryland is heard by a judge and does not usually include a jury. For more serious charges and felonies, the circuit court may initially hear these cases. A judge or a jury may decide whether an accused individual is guilty in a trial in circuit court.

Anyone facing a charge that carries a penalty of more than 180 days such as a case involving risk of injury to a minor or child endangerment, has an automatic absolute right to request the case be moved to the circuit court. This policy applies to individuals whose case is being heard in district court, and therefore, gives them the option to have their case heard by a jury.

Alternatively, anyone convicted in district court after a trial with a judge may appeal that decision and have a de novo appeal in circuit court. A de novo appeal means the entire hearing starts from the beginning of the case. The prosecutor must reestablish their argument, and the defendant is entitled to complete presumption of innocence during the proceeding in circuit court.

Anything that happened during the district court trial could potentially be evidence, including any statements made under oath and the prosecutor’s previous arguments.

Speak with an Attorney to Learn More About the Court Process for Child Abuse Charges in Maryland

An experienced attorney could play a key role in your child endangerment case. They could offer legal advice, answer questions, and explain the court process for a Maryland child abuse case. They could review all the evidence throughout the investigation and information provided by the prosecutor.

A diligent defense attorney could also ensure that the prosecutor and the court follow the applicable laws of procedure and turn over all relevant evidence as required. One of the main goals of an attorney is to protect your rights at each step in the court process and to negotiate with the prosecutor in order to work out a more favorable outcome.

When they cannot come to an agreement, a lawyer could represent you going forward with the case in motions, oral arguments, and at trial. A legal representative may also help you handle the subsequent consequences that may occur by connecting you with other resources for custody issues, housing, employment, medical concerns, therapy, or counseling. To learn more about how an attorney could help, schedule a case consultation today.