Brown v. StateAnnotate this Case
Md. Code Ann. Crim. Proc. 4-102 provides that in a circuit court proceeding a defendant is entitled to a preliminary hearing when charged by information with felonies but not when the defendant is charged by information with misdemeanors.
Defendant was charged by information with misdemeanor offenses. Defendant moved to dismiss the charges, arguing that his case was improperly before the circuit court because he had been charged with misdemeanors by means of a criminal information without a preliminary hearing resulting in a finding of probable cause. The circuit court granted the motion and dismissed the case with prejudice. The court of special appeals reversed. The Court of Appeals affirmed, holding that the court of special appeals did not err in concluding that when the State charges misdemeanors by criminal information in the circuit court no preliminary hearing is required.