Md. Code Ann., Crim. Proc. § 14-110
Powers and duties relating to investigations and prosecutions
Effective Oct 1, 2008Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008. Amended by Acts 2008, c. 500, § 1, eff. Oct. 1, 2008.State of Maryland
(a) The State Prosecutor has all the powers and duties of a State's Attorney, including the use of a grand jury in any county, when the State Prosecutor:
- (1) investigates a case under § 14-107 of this title; or
- (2) prosecutes a case under § 14-109 of this title.
(b)
- (1) For the limited purpose of furthering an ongoing criminal investigation under § 14-107 of this title, the State Prosecutor may issue 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.
(c)
- (1) A person may have an attorney present during any contact with the State Prosecutor made under subsection (b) of this section.
- (2) The State Prosecutor shall advise a person of the right to counsel when the subpoena is served.
(d)
(1)
- (i) The State Prosecutor immediately may report the failure of a person to obey a lawfully served subpoena under subsection (b) of this section to the circuit court of the county having jurisdiction.
- (ii) The State Prosecutor 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 (b) of this section has an opportunity to be heard and represented by counsel, the court may grant appropriate relief.
- (e) This section does not allow the contravention, denial, or abrogation of a privilege or right recognized by law.
Added by Acts 2008, c. 15, § 2, eff. Oct. 1, 2008. Amended by Acts 2008, c. 500, § 1, eff. Oct. 1, 2008.