Are Warrants Public Records in Maryland?
Yes. According to Maryland's Public Information Act (PIA), members of the public have the right to access judicial records, including executed warrants. Record seekers are also allowed to make copies of these records under requests. However, the act does not provide access to all records to protect the privacy of citizens and the government of Maryland. A person can submit a written request to the local clerk's office at the courthouse or appear in person during work hours. All records are archived there and made available to the public on request. The request must establish a good reason to ensure that the judicial officer can release the warrant.
Note: Warrants are considered judicial records and part of Maryland criminal records.
What is Considered a Warrant in Maryland?
A warrant is a written order from a judge or magistrate permitting law enforcement operatives to take action against a person or a property. This action typically overrides an individual's constitutional rights, as it often requires law enforcement to enter someone's property and seize items without their consent.
Maryland courts issue different types of warrants, including arrest warrants, search warrants, bench warrants, fugitive warrants, failure to pay warrants, tax warrants, no-knock warrants, failure to appear warrants, capias warrants, and execution warrants.
To secure warrants in the state, law enforcement officers must apply in writing to a magistrate or judge. This application (or affidavit) must always establish probable cause because, without these grounds, no judicial officer can release the warrant. An example of a sufficient reason is that a crime is being committed on a property.
How to Find Out if You Have a Warrant in Maryland?
An excellent place to start a Maryland warrant search is the clerk's office of the courthouse where the warrant was issued. The records are archived there and made available to the public for review. Copies of these documents can be made for 50 cents per page, with an additional $2 for copy requests made by mail. Interested persons can also call the relevant clerk's office for warrant data using contact details on the court directory page of the Maryland courts' website. Still, some counties have warrant search pages on their main websites.
Alternatively, criminal background checks can be conducted with the Criminal Justice Information System (CJIS), a service run by Maryland's Department of Public Safety & Correctional Service, to discover active warrants in Maryland.
Another way to carry out a Maryland warrant search is to contact local police departments. Some have warrant departments or units to interface with the public. A case in point is Montgomery County. Other counties like Baltimore will only provide warrant information to the individual at the precinct. This can lead to an arrest by the police if the warrant's issuance is confirmed.
Persons who find a pending warrant should endeavor to speak to or hire a criminal defense attorney to recall the warrant. One way may be to file a motion to convert it to a summon or surrender to law enforcement on their terms.
How Long Does a Warrant Stay Active in Maryland?
In Maryland, the validity of a warrant depends on the type of warrant and the statute of limitations of the accompanying criminal charge. For example, search warrants are issued to investigate a location or a person and must include a time frame for service, after which they can no longer be served. However, the search warrant can be reissued easily when necessary.
On the other hand, an arrest warrant will not expire even if the law enforcement officers cannot execute it. Similarly, bench warrants will continue to be valid until successfully executed.
Individuals who find outstanding warrants may try to bid their time until the warrants expire. However, warrants do not work like this and do not expire after an expected period, as many hope erroneously. A warrant is something that should be taken seriously. Responding to it appropriately and promptly can impact how the court will treat the subject. Active warrants can be found using the warrant search methods mentioned above or through an independent warrants search database online.
Warrants empower law enforcement to take action immediately. While there are no statutes of limitations on warrants, the law still limits how long prosecutors may delay after an offense is committed before beginning criminal proceedings.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does It Take to Get a Warrant in Maryland?
In Maryland, it usually takes about 7 business days before a court Judge will issue a warrant. Once the motion is granted, the court will order the individual to appear in court through a mailing system.
How Do Search Warrants Work in Maryland?
In Maryland, a search warrant is a written order signed by a judge or magistrate that authorizes a peace officer to search a person or search and seize their property (Maryland Code, Criminal Procedure, § 1-203). Search warrants are issued where there is probable cause to believe that a misdemeanor or felony was or is being committed on a property. Items that can be confiscated with a search warrant in Maryland include:
- Cash
- Record books
- Weapons used in a robbery or violent crime
- Stolen property
- Narcotics
- Clothing used during a crime
- Computers, storage media, hard drives
- Biological material (DNA, hair, and blood)
- Records, photographs, papers, and documents
Search warrants are issued with as much secrecy as is practicably possible to prevent the removal or destruction of evidence. As such, the supporting affidavit may be sealed by the judge for up to 30 days.
How Does a Maryland Search Warrant Become Invalid?
A Maryland search warrant can become invalid if there is a discrepancy in how the warrant was obtained. Generally, search warrants must not be improperly granted, the issuing magistrate or judge must be neutral, and probable cause must be shown in an affidavit. Also, it must accurately identify the person or place to be searched and describe what is being searched for. Not complying with any of these conditions would violate the Fourth Amendment to the U.S. Constitution, which would be a basis for invalidation.
Furthermore, Maryland search warrants must be executed within 15 days of issuance. Failure to execute it within this time will make the warrant void.
If a warrant is invalid, a defendant can file a motion with the court to quash it. An example where the defendant is eligible to file this motion is when the items described on the warrant differ from those seized by law enforcement.
Arrest Warrant in Maryland: Rules of Procedure
Arrest warrants protect citizens from unlawful arrests per the Fourth Amendment. In Maryland, this warrant can be issued by a district court commissioner, circuit court judge, or the circuit court clerk when instructed by a judge. An arrest warrant empowers law enforcement officers to apprehend a person at any time or place (Maryland Code, Criminal Procedure, § 2-103).
An individual can have a warrant issued for their detainment for different reasons. This includes being a suspect for breaking and entering, abduction, smuggling, theft, rape, murder, and grand theft auto. However, when a felony or a misdemeanor occurs in the presence of the police, they can make arrests without a warrant.
Individuals who become subjects of an arrest warrant may not be aware of it until they are arrested. Therefore, parties who suspect they have an active warrant can begin a Maryland warrant search. If a warrant is found, the individual is advised to secure a criminal defense attorney and appear in court.
How to Conduct an Active Warrant Search in Maryland
An active warrant is a legal order from the court to arrest a person accused of committing criminal offenses and disobeying state laws. An active warrant search will require the requester to provide some of the information below:
- The first and last names of the accused
- Physical attributes like eye and hair color, height, and weight
- Physical identification marks like tattoos and scars
- Court case number
- Warrant type
- Offense type
In Maryland, the sheriff's office submits an official written statement with details on what the case is about and why the accused is arrested for the crime. Persons accused of a crime are subjects of a warrant but may not be aware of it until they are arrested. It is therefore important for parties who suspect they have an active warrant to begin a warrant search.
Free Warrant Search in Maryland
There are online resources from law enforcement agencies available for members of the public to conduct a free warrant search in Maryland. The Maryland Judiciary Case Search is an online platform that contains all cases including criminal proceedings filed in Maryland courts. To use this database, the requester must provide the person's name and choose the type of warrant from the options available.
Another way to conduct a free warrant search in Maryland will require the requester to visit the local police department where the suspect may have a warrant. Law enforcement agencies have access to this online active warrant database and can provide details of the issuance of a warrant.
Maryland Child Support Arrest Warrant: What You Need to Know
In Maryland, the law requires the continuation of child support by parents until a child turns 18. When a parent fails to pay this support, a child support arrest warrant can be issued by a judge to enforce the support obligation. Usually, this happens after the court has served the defaulting parent with an order to attend court and give reasons why they should not be held in contempt, and:
- The parent fails to appear on the specified date, or
- The parent cannot be served with the summons.
A child support arrest warrant can also be a bench warrant, body attachment, or a warrant for failure to appear per Maryland Code, Public Safety, §2–305 (a).
If the court finds that an individual with the means to pay this support is withholding it, the court can charge the party with civil contempt. As such, the parent may be imprisoned until they comply with the payment order or clear themselves of the contempt charge. (Maryland Code, Family Law, § 5-1041).
Maryland Bench Warrants: Issuing and Arrests
A Maryland bench warrant is issued by a judge or magistrate to permit the arrest of a person for contempt of court (disobedience of a court instruction), violation of probation, or to enforce an order to appear. A Maryland bench warrant can also be issued for the arrest of a person who has been charged with a crime, released on recognizance, or admitted to bail, and who does not voluntarily surrender as set out in Maryland Code, Criminal Procedure, § 5-211. On issuing the bench warrant, the judge will also set a bond. To reschedule the hearing or trial, the defendant must post the bond.
The courts can also issue a bench warrant for the arrest of a defendant in violation of a pretrial release condition. Upon arrest, the defendant will be presented before the court, and the court may revoke their pretrial release or continue it with or without conditions.
Failure to Appear in Maryland: Rules and Consequences
A failure to appear warrant is a warrant issued in response to an individual not attending a scheduled court appearance. The individual will be found in contempt for a failure to appear.
Other than the warrant, additional action can be taken against an individual who misses court, including the suspension of any license issued to them. This license will remain suspended until the person appears in court to answer the citation or the charges against them.
When an individual on bail with a bail bond posted fails to appear for a scheduled court appearance, the bond will be forfeited. The defendant will not receive a refund unless the party can present legitimate grounds for the absence.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Maryland?
In Maryland, a warrant can be issued to arrest a defendant who misses a court date. When the failure to appear concerns a citation, it can lead to a misdemeanor charge. Upon conviction, the individual can incur a fine not exceeding $500, imprisonment of not more than 90 days, or both (Maryland Code, Criminal Procedure, § 5-212).
Failure to Pay in Maryland: How It Works
A failure to pay warrant is issued when a person cannot pay a fine ordered by a court in Maryland. Per Maryland Code, Courts, and Judicial Proceedings, § 7-504, a defendant who cannot pay a court fine can apply to reduce the amount. The court will investigate the defendant's inability to pay to see if the claim is genuine. If the financial inability is confirmed, the court may reduce the fine to an amount the defendant can pay.
Also, an individual who fails to pay a court-ordered fine may have their driver's license suspended. When the default is intentional, the individual may be confined in a correctional facility by the court for a period that may not exceed one day for each $10 owed.
No-Knock Warrant in Maryland: General Laws
A no-knock warrant in Maryland is a search warrant that authorizes law enforcement to enter someone's premises without announcing their presence or offering a reason to enter the property. Typically, no-knock warrants are used in exigent situations when:
- There is a possibility of harm or violence to law enforcement officers.
- There is a chance that other occupants or persons may be harmed.
- A suspect may escape.
- A suspect may destroy evidence if aware of the police's presence.
How to Perform a Federal Warrant Search
The federal government is responsible for maintaining all criminal records and will file a court case on any person with an outstanding warrant. To perform a federal warrant search with a criminal database will require the return of records on any individual with an active warrant and necessary information about the crime committed. Members of the public guilty of any criminal offense should seek the help of a good lawyer from a criminal defense law firm for an easy solution.
Does Maryland DMV Check for Warrants?
Maryland DMV may not run a check for any outstanding warrants in Maryland. A DMV office strictly has a responsibility of upholding the law by screening drivers for good vision to ensure legal driving and that persons with warrants are under control.
