About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.

Statute Text

Article - Criminal Procedure
(a)   Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys.
(b)    (1)   Indigent defendants or parties shall be provided representation under this title in:
(i)   a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense;
(ii)   a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge;
(iii)   a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article;
(iv)   any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result;
(v)   a proceeding involving children in need of assistance under § 3–813 of the Courts Article; or
(vi)   a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including:
1.   for a parent, a hearing in connection with guardianship or adoption;
2.   a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and
3.   an appeal.
(2)    (i)   Except as provided in subparagraph (ii) of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph (1) of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal.
(ii)   Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.