You may have been a victim of or an eyewitness to a crime. You may be the owner of stolen property or be able to provide some piece of information which will help to prove a criminal case. You are an essential witness. Without your cooperation, our criminal justice system could not work.
You will be receiving a subpoena to appear at trial. It will be necessary for you to appear unless excused by the Assistant State's Attorney assigned to the case. Written statements are not permitted instead of live testimony because a person charged with a crime has the right to ask questions of the witnesses who testify against him/her through his/her attorney.
If you will need an interpreter of any kind, please notify us as soon as possible so that we can arrange to have a qualified interpreter present.
It is very important that you keep us informed of any changes in your address or phone number. We will not be able to notify you of trial dates or changes if we cannot locate you.
If you have been threatened by the defendant, or anyone else, after the crime was charged, report it first to the police and then to the Baltimore County State's Attorney's Victim Witness Unit.
Criminal cases in Baltimore County are tried in one of two courts. The type of crime and the possible penalties determine which court will hear the case.
The District Court tries cases called "misdemeanors" and traffic cases. There are no jury trials in District Court. All cases are heard by a judge who decides the verdict based upon the evidence presented. In certain cases, a defendant has the right to have his case moved to Circuit Court for a jury trial. A defendant who is found guilty is District Court can ask for a new trial (appeal). The case will be tried again in the Circuit Court.
The Circuit Court hears cases called "felonies", as well as appeals and requests for jury trials. Cases may be heard by a judge alone or by a judge and a jury, which is a panel of twelve citizens. A defendant who wishes to appeal the decision of the Circuit Court must go to a higher State Court, either the Court of Special Appeals or the Court of Appeals.
It is important that you arrive promptly and report to the courtroom as soon as you arrive at the court location. If you do not know where the court is located, please call prior to the trial date for directions.
The trial of your case may not take place as early as scheduled. Please be prepared to wait.
We ask that you dress neatly and conservatively for your court appearance. A good rule of thumb is to dress as if you were going to church or to a business meeting.
When your case is called, you may have to take the witness stand and testify. You will be asked questions first by the Assistant State's Attorney and then "cross examined" by the defendant's attorney.
It is important to pay attention to each question and answer each one truthfully. If you do not know the answer to a question, or the question is confusing to you, say so.
Answer each question politely and loud enough for the judge to hear you. Try to remain calm, even though it is natural to be nervous. During cross examination, you may feel that you have already answered the questions you are being asked. Try not to become upset, and answer each question as best you can.
If you hear an objection to a question, stop talking immediately. Wait until the judge lets you know if you should answer the question.
Unfortunately, court hearings do not always take place as scheduled. If a case is postponed by written request prior to the scheduled trial date, every effort will be made to notify you in advance.
Many times postponements are not requested by the defendant until the actual day of trial. If the defendant requests a postponement in court, and his/her request is granted, a new trial date will have to be set and you will have to appear again.
This brochure has been prepared to provide you with information about your role as a witness and the court process. If you have questions or concerns, call us at 410-887-6569. We can provide help in the following areas:
- Directions to the court locations
- Information about court procedures
- Referrals to counseling and social service agencies
- Assistance in getting in touch with the prosecutor
- Information about restitution as part of the criminal proceedings
- Assistance in the return of recovered property
- Assistance in explaining the need for your court appearance to your employer
- Information about filing a Criminal Injuries Compensation claim, where appropriate 410-585-3010
Hearing Impaired Witnesses
Please use Maryland Relay Service at 1-800-735-2258.
Appeal - The right of a defendant to have the decision of the trial court reviewed by another court.
Alternative Sentencing Program - A Baltimore County agency which supervises defendants who are court ordered to perform community service. This agency also supervises the T.A.S.C. program and the Domestic Violence Referral Program.
Defendent - The person charged with committing a crime.
Nol Pros - (Nolle Prosequi) A Latin term meaning that the prosecutor declines to proceed with the case.
Prayer for Jury Trial - In certain cases, the defendant has the right to have his/her case heard by a jury instead of by the District Court judge.
Probation Before Judgement - The defendant agrees to accept any lawful conditions the court orders and gives up the right to appeal. An actual guilty verdict is not entered and the defendant does not go to jail. Also called a PBJ or Section 641.
Stet - An indefinite postponement. No guilty verdict is entered, but the defendant may be asked to accept condition set down by the court. The defendant must waive his/her right to a speedy trial. A case on the stet docket may be re-opened at any time within one year if the conditions of the stet are violated.
Revised June 11, 2004