§ 4-103. Preliminary hearing

   (a) Defendant to be advised of right. -- If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, at the time of the defendant's initial appearance, as required by Maryland Rule 4-213, a court or court commissioner shall advise the defendant of the defendant's right to request a preliminary hearing.

(b) Time for waiver requests. --

   (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the defendant may request a preliminary hearing at the defendant's initial appearance or at any time within 10 days after the initial appearance.

   (2) If the defendant does not request a preliminary hearing within 10 days after the initial appearance, the right to a preliminary hearing is waived.

(c) When right is absolute. --

   (1) If a defendant is charged with a felony other than a felony within the jurisdiction of the District Court, the right of a defendant to a preliminary hearing is absolute if:

      (i) the defendant is charged by criminal information; and

      (ii) the defendant requests a preliminary hearing in accordance with subsection (b) of this section.

   (2) If the defendant is charged by grand jury indictment, the right of a defendant to a preliminary hearing is not absolute but the court may allow the defendant to have a preliminary hearing.

   (3) In any other case, the right of a defendant to a preliminary hearing is not absolute, but on motion of the State's Attorney or the defendant, and subject to the Maryland Rules, the court may allow the defendant to have a preliminary hearing.

HISTORY: An. Code 1957, art. 27, § 592(b); 2001, ch. 10, § 2; ch. 35; 2003, ch. 21, § 1.