Maryland Criminal & Immigration Lawyer Blog
The Sixth Amendment to the U.S. Constitution guarantees many rights to criminal defendants, including a speedy and public trial. Maryland’s Declaration of Rights also guarantees a speedy trial, and state law has specific procedural safeguards in place to ensure an accused person receives a speedy trial. When the state fails to meet its obligations to try a case within the required timeframe, the accused person may be entitled to a dismissal of all charges. If you are facing charges or under suspicion and you have questions about your speedy trial rights, be sure to get reliable answers by speaking to an experienced Maryland criminal defense lawyer.
Generally speaking, Maryland criminal defendants are entitled to a trial that takes place within 180 days of the date an attorney makes an appearance on behalf of the accused or the date that the accused first appears in court. This 180-day requirement is known as the “Hicks rule,” based on the 1979 case of State v. Hicks.
On its surface, this might sound very black-and-white and cut-and-dried. In reality, it often is not, as a recent shoplifting case from Queen Anne’s County illustrates. The reality — that Hicks rule cases may be nuanced and complex — should serve as a reminder of the importance of knowledgeable legal counsel.
The accused, T.B., was on trial for participating in a shoplifting ring at an outlet mall in Queenstown. She was indicted on August 1, 2023. The court issued an arrest warrant, and T.B. made her initial appearance in court on September 18.
Nearly one month later, on October 12, the Public Defender notified the court that it was defending T.B. in the case. At a hearing on November 14, the trial judge noted that the state had served the accused with a copy of the arrest warrant and refrained from doing so “under the apparent belief that, by withholding the warrant,” it would forestall the speedy trial deadline from running out.
The state eventually served the warrant on May 8, 2024. The next day, the court held a bond hearing and set the woman’s trial for August 15.
One week later, the woman’s defense lawyer made a motion asking the court to throw out the indictment. The reason? The Hicks deadline had elapsed, and an August trial would violate her speedy trial rights.
To determine if T.B. was entitled to a dismissal, the courts had to determine the “Hicks date” (a/k/a the date when the 180-day time window opened). Was it when she first appeared in court in September? Was it when the defense lawyer first entered the case in October? Was it when the state finally served the warrant the following May? Was it some other date?
The appeals court concluded that the correct date was September 18. In doing so, it rejected the prosecution’s argument that the Hicks window did not start running simply because the accused appeared in court. Rule 4-213, which defined the date of an initial appearance, said that it occurred “when the defendant (1) is brought before the court by reason of execution of a warrant… or (2) appears in person or by written notice of counsel in response to a summons.” The state tried to interpret that text to mean that a defendant must “appear in person . . . in response to a summons” to start the clock.
The Appellate Court disagreed, deciding that the accused must simply appear in person, which T.B. did on September 18. As a result, September 18 was the correct “Hicks date” and the August 2024 trial date fell well after the 180-day deadline. This meant that the accused was entitled to a dismissal of the indictment in its entirety.
As is true in many aspects of life, timing matters a great deal in defending against criminal charges. When it comes to this and other details surrounding your criminal case, in-depth legal knowledge and experience are often crucial. The skilled Maryland criminal defense attorneys at Anthony A. Fatemi, LLC are ready to help. Whether you are facing charges or just a suspect, the right time to call is as soon as possible. The sooner you retain us, the sooner we can begin working to build your defense and protect your rights. Contact us today at 301-519-2801 or via our online form to set up your consultation.