Arrest Warrants in Maryland

In many cases, the arresting officer will seek a warrant from a judge so that an arrest can be made on criminal charges. In other cases, the officer will investigate the crime and then forward the allegation to the prosecutor’s office for a filing decision.

Maryland law sets out the rules for when an officer can make an arrest without a warrant and when the officer must secure a warrant before the arrest is made. If the officer conducts an illegal arrest, then any evidence gained as a result of the illegal arrest can be suppressed or the charges can be dismissed entirely.

Attorney for Arrest Warrants in Baltimore, MD

If you believe that a warrant has been issued for your arrest then contact an experienced criminal defense attorney who can represent you at every stage of the case. An attorney can help you confirm whether the warrant actually exists, whether a bond is attached to the warrant, whether the warrant can be withdrawn by the court that issued it, whether the prosecutor can drop the charges before the arrest is made.

Call 443-709-9999 today to discuss your case with an attorney for warrants in Baltimore, Maryland. Let us put our experience to work for you.


Legality of a Warrantless Arrest in Maryland

Frequently asked Question: When can a law enforcement officer in Maryland make an arrest without a warrant?

Answer: Generally, law enforcement officers in Maryland are permitted to arrest a person without a warrant under several different circumstances.


Offenses Committed in the Officer’s Presence

The officer can make a warrantless arrest when the felony or misdemeanor was committed or attempted in the officer’s presence. Under CP § 2-202 (a), when a felony or misdemeanor is committed, or attempted, in the presence or view of the officer the officer is permitted to make an arrest without a warrant.


Committed in the Officer’s Presence with Probable Cause

The officer can make a warrantless arrest when the felony or misdemeanor was committed or attempted in officer’s presence or view and was based on probable cause. Under CP § 2-202 (b), when the officer has probable cause to believe that a felony or misdemeanor is being committed, or attempted, in the officer’s presence or view the officer is permitted to make an arrest for the offense without obtaining a warrant.


Felony Based on Probable Cause

The officer can make a warrantless arrest when the felony arrest is based on probable cause. Under CP § 2-202 (c), when the officer has probable cause to believe that a felony has been committed, or attempted, whether or not in the officer’s presence or view, the officer is permitted to make an arrest without a warrant.


Warrant Arrest for Domestic Battery with Physical Injury

The officer is permitted to make an arrest without a warrant based on probable cause of a domestic battering offense with physical injury in Maryland. Under CP § 204 (a), the officer can make a warrantless arrest for a domestic violence offense when the officer has probable cause to believe that:

  • a person battered his/her spouse or other individual with whom the person resides;
  • there is evidence of physical injury; and
  • unless the person is immediately arrested, he/she:
    • might not be apprehended;
    • may cause physical injury to the victim or damage to the property of one or more other persons; or
    • may tamper with, dispose of, or destroy evidence; and
  • when a report (or call for service) was made to the police within 48 hours of the alleged incident.

Specified Misdemeanor Offenses

The officer is permitted to make an arrest without a warrant for any of the specified misdemeanor offenses listed in CP § 2-203 (a) when an officer has probable cause to believe that:

  • One of the offenses listed in CP § 2-203 (b) has been committed;
  • The person has committed the offense; and
  • Unless the person is immediately arrested, he/she:
    • may not be apprehended,
    • may cause physical injury to the victim or damage to the property of one or more other persons, or
    • may tamper with, dispose of, or destroy evidence.

Offenses under CP § 2-203 (a) for which an officer may arrest without a warrant that are common to domestic violence, include, but are not limited to:


Warrantless Arrest for Stalking Crimes

The officer has reason to believe that the alleged stalking victim or a third person is in danger of imminent bodily harm or death; and the probable cause under CP § 2-205 (also Subsection 4.2.1-f-(1), above) is supported by credible evidence other than statements of the alleged stalking victim.

Under CP Section 2-205, a law enforcement officer may make an arrest for stalking in Maryland without a warrant when:

  • the law enforcement officer has probable cause to believe that a stalking under CR Section 3-802 has been committed;
  • the officer has reason to believe that the alleged stalking victim or a third person is in danger of imminent bodily harm or death; and
  • the probable cause under CP Section 2-205 is supported by credible evidence other than the statements of the alleged stalking victim.