§ 15-108

Maryland § 15-108

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 15

Text

(a) (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) (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) (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) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.