This week, a judge sitting in the Circuit Court for Harford County, Maryland ruled after a lengthy motion's hearing that the prosecutor violated my client's due process rights. The result was that all charges including attempted murder and first degree assault were dismissed. This case involved some unique facts and circumstances that if appealed, may garner some attention by the appellate courts.
On May 22, 2009, a district court charging document was issued by the Harford County police charging the Defendant with assaulting his wife on May 20, 2009 and charging him with the attempted murder of his brother in law on May 21, 2009. The Defendant was held without bail from May 22, 2009 until June 10, 2009 when bail was set at $25,000. The Defendant paid a bondsman and was released. On that date, the charges with respect to the incident with his brother-in-law were dismissed. At that time, the State dismissed the charges because the brother-in-law was on active duty and soon to be deployed out of the country. Thereafter, in October, 2009, the Defendant’s wife invoked her marital privilege and the Defendant was found not guilty of assaulting her.
Sixteen months passed and the Defendant had no other criminal arrests. Despite the fact that the Defendant had no further contacts with law enforcement, at the time of the filing of the indictment in the above captioned matter, the prosecutor requested a no bail warrant. The Defendant was arrested on October 7, 2010 and held without bail. On October 13, 2010, a bail review was held and his bond was set at $250,000. The Defendant paid a bondsman a second time and was released.