2010 Maryland Code
TITLE 15 - OFFICE OF THE STATE'S ATTORNEY
Subtitle 1 - Definitions; General Duties and Powers
Section 15-108 - Subpoena power in criminal investigation.
§ 15-108. Subpoena power in criminal investigation.
(a) Limited purpose; service.-
(1) For the limited purpose of furthering an ongoing criminal investigation, a State's Attorney or a deputy State's Attorney designated in writing by the State's Attorney may issue in the county served by the State's Attorney a subpoena to a person to produce telephone, business, governmental, or corporate records or documents.
(2) The subpoena may be served in the same manner as one issued by a circuit court.
(b) Right to attorney.-
(1) A person may have an attorney present during any contact made under subsection (a) of this section with a State's Attorney or an agent of the State's Attorney.
(2) The State's Attorney shall advise a person of the right to counsel when the subpoena is served.
(c) Reporting failure to obey subpoena; right to hearing.-
(1) (i) The State's Attorney immediately may report the failure of a person to obey a lawfully served subpoena under subsection (a) of this section to the circuit court of the county served by the State's Attorney.
(ii) The State's Attorney shall provide a copy of the subpoena and proof of service to the circuit court.
(2) After conducting a hearing at which the person who allegedly failed to comply with a subpoena issued under subsection (a) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
(d) Effect of section.- This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
[An. Code 1957, art. 10, § 39A(a)-(c), (e), (f); 2008, ch. 15, § 2.]
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