2019 Maryland Code
Criminal Procedure
Title 14 - Office of the State Prosecutor
§ 14-109. Prosecutions

    (a)    (1)    The State Prosecutor may prosecute a criminal offense set forth in the State Prosecutor’s report of the findings and recommendations if, within 45 days after receipt of the report, the State’s Attorney fails to file charges and begin prosecution in accordance with the recommendations.

        (2)    Notwithstanding paragraph (1) of this subsection, the State Prosecutor may immediately prosecute a criminal offense that is set forth in the State Prosecutor’s report and that is alleged to have been committed by the State’s Attorney.

    (b)    (1)    The State Prosecutor shall represent the State in each appeal and postconviction proceeding that arises from a prosecution that the State Prosecutor conducts.

        (2)    Notwithstanding paragraph (1) of this subsection, the Attorney General may represent the State or assist the State Prosecutor:

            (i)    on the request of the State Prosecutor; or

            (ii)    as required by law in an appeal or collateral proceeding described in paragraph (1) of this subsection.

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