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House Bill 21 (HB21): New 2025 Maryland Bill Aims to Restrict Arrest Warrants Based on Citizen Complaints

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February 4, 2025

If passed, a new bill put forth by the Maryland lawmakers seeks to end the ability of a district court commissioner to issue a warrant on a complaint made to them by a citizen.

In the 2025 Regular Session, the Maryland General Assembly introduced House Bill 21 (HB21), aiming to reform the state's arrest warrant procedures. This legislation seeks to prohibit District Court commissioners from issuing arrest warrants to individuals other than police officers or State's Attorneys when they seek to have another person charged with a crime. Additionally, it proposes increasing the penalty for making false statements or reports to governmental officials from a maximum of six months to up to three years of imprisonment, while retaining the existing maximum fine of $500.

Understanding the Role of District Court Commissioners

First, it is important to understand what the role of a District Court commissioner in Maryland plays in the criminal justice system. In brief, they are responsible for determining probable cause, advising defendants of their rights, and deciding on pre-trial release conditions (i.e. bail or not). One of their key functions includes reviewing applications for statements of charges and deciding whether to issue summonses or arrest warrants.  A summons is simply a piece of paper that is served upon a defendant, advising them of their court date, time, and location.

Currently, commissioners can issue arrest warrants based on complaints filed by individuals, provided the commissioner determines that there is probable cause. However, for many years this authority has raised concerns about potential misuse, leading to unwarranted arrests and legal challenges for private citizens.

The Need for HB21

The primary objective of HB21 is to safeguard private citizens from the potential misuse of the arrest warrant application process. By restricting the authority to request arrest warrants to police officers and State Attorneys, the bill aims to prevent individuals from initiating unwarranted legal actions against others.

It is important to note that false or malicious applications for arrest warrants, often made by a complainant who may have “an axe to grind” can lead to significant personal and legal consequences for the accused, including unwarranted arrests, reputational damage, and financial burdens. By increasing the penalties for making false statements or reports to governmental officials, HB21 seeks to deter individuals from engaging in such conduct.

Protecting Private Citizens

If enacted, HB21 would enhance protections for private citizens in several ways:

Preventing Malicious Prosecutions: By limiting the authority to request arrest warrants to law enforcement and prosecutors, the bill reduces the risk of individuals using the legal system to harass or intimidate others.

Ensuring Proper Legal Oversight: Law enforcement officers and State Attorneys are trained to assess the merits of criminal complaints. Requiring their involvement ensures that arrest warrants are issued based on legitimate legal grounds, thereby protecting individuals from baseless accusations.

Deterring False Reports: The increased penalties for making false statements serve as a deterrent against individuals who might consider misusing the system, thereby promoting integrity within the judicial process.

Balancing Justice and Individual Rights

While HB21 aims to protect individuals from potential abuses, it also ensures that legitimate complaints are addressed appropriately. By involving law enforcement and prosecutors in the arrest warrant application process, the bill maintains a balance between safeguarding individual rights and upholding public safety.

It's important to note that HB21 does not prevent individuals from reporting crimes or seeking legal recourse. Citizens can still file complaints with law enforcement agencies, who will then assess the situation and determine the appropriate course of action.

In Summary

False criminal charges, especially when those charges have resulted in the issuance of a warrant, can be disastrous for a defendant and their family.  If you or a loved one have been wrongfully charged in a criminal matter, quickly hiring experienced criminal defense counsel is a must, delay can adversely affect the outcome of many criminal cases.  At Craig M. Kadish & Associates, LLC, our team of attorneys and paralegals have been defending people wrongfully charged with crimes for nearly 40 years, and criminal work is all we do.  Contact us or call our office at 410-837-0020 and we can usually schedule a meeting with you within 24 hours.  See why for nearly four decades, our firm has been held as one of the finest criminal defense practices in Maryland.

Craig M. Kadish - Criminal Defense Attorney Maryland

Craig Kadish

With 30 years of experience and a lengthy track record of success, Craig Kadish has earned a reputation as one of the nation’s most highly sought after criminal defense attorneys. Mr. Kadish has practiced criminal law for three decades, winning an array of high-profile cases. He has had the honor of being recognized both locally and nationally for his dedication, diligence, and prowess in representing clients in exacting and innovate ways. He’s known as a leader in his field. His tenure as a criminal defense attorney and law professor has given him invaluable expertise that few other attorneys possess.

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