Terms Used In Maryland Code, CRIMINAL PROCEDURE 9-124

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) (1) Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance and service of the warrant provided for in §§ 9-107 and 9-108 of this title, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing that states that the person consents to return to the demanding state.

(2) Before a waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of the right to the issuance and service of a warrant of extradition and the right to obtain a writ of habeas corpus as provided in § 9-110 of this title.

(b) (1) If and when a consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this State and filed therein.

(2) The judge shall:

(i) direct the officer having the person in custody to deliver forthwith the person to a duly accredited agent of the demanding state; and

(ii) deliver or cause to be delivered to the agent a copy of the consent.

(c) (1) This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state.

(2) This waiver procedure is not an exclusive procedure and does not limit the powers, rights, or duties of the officers of the demanding state or of this State.

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