To file a statement of charges in Maryland, you fill out an Application for Statement of Charges (Form DC-CR-001) and present it, in person and under oath, to a District Court Commissioner. The commissioner reviews your sworn account, decides whether probable cause exists, and if it does, issues the charging document along with either a summons or an arrest warrant. Private citizens don’t file the statement of charges themselves. You file an application asking for one.1Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-607
Application vs. Statement of Charges
Under Maryland law, a statement of charges is a charging document filed in District Court by a peace officer, a District Court judge, or a District Court Commissioner.2Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-608 A private person cannot file one directly. What you submit is the application that asks a commissioner to review your allegations and issue the charging document. If the commissioner finds probable cause, the case begins. If not, the application is denied at that stage.
This route exists so victims and witnesses can start a criminal case when law enforcement hasn’t. It is separate from a police report and from a grand jury indictment, and it is the most common way misdemeanor cases and some felony cases enter Maryland’s District Court system.
Get and Complete Form DC-CR-001
The application is Form DC-CR-001. You can pick it up at any District Court clerk’s office or directly from a commissioner.3Maryland Courts. Application for Statement of Charges Form DC-CR-001
Provide as much identifying information about the accused as you can: full name, address, date of birth, driver’s license number, and a physical description covering sex, race, height, weight, hair color, eye color, and complexion. The more complete this is, the easier it will be for the court to locate and serve the defendant. Fill in what you know if you’re missing details, but a completely vague description can sink the application.
The heart of the form is the statement of facts. This is where you describe the alleged crime in your own words. The form instructs you to include enough detail that “the judicial officer who reads it” can reach conclusions about what happened.3Maryland Courts. Application for Statement of Charges Form DC-CR-001 Write what the person did, when they did it, and where in Maryland it happened. “They threatened me” isn’t enough. Give the date, the specific location, what was said or done, and who else was present. A chronological account works best.
The form has no dedicated witness section, but you can name witnesses in your narrative. If you want to keep addresses and phone numbers of victims, complainants, or witnesses out of public view, you can request that information be shielded when you file.3Maryland Courts. Application for Statement of Charges Form DC-CR-001
Take the Application to a Commissioner
You must present the completed application in person to a District Court Commissioner. Maryland law requires at least one commissioner to be available in every county at all times, around the clock, every day of the year.1Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-607 Weekends, holidays, and the middle of the night are all fair game. Commissioners are typically located in the District Court building or at a central booking facility.
When you appear, you’ll be placed under oath. The form requires you to “solemnly affirm under the penalties of perjury” that everything in it is true to the best of your knowledge.3Maryland Courts. Application for Statement of Charges Form DC-CR-001 The commissioner may ask clarifying questions about your written narrative before accepting the paperwork for review.
How the Commissioner Decides
The commissioner’s central task is deciding whether the facts you’ve written establish probable cause: whether a reasonable person, reading your account, would believe the accused committed a specific crime under Maryland law.1Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-607 Two things need to line up: the facts must support each element of the offense you’re alleging, and the crime must have occurred within the jurisdiction of the court where you’re filing.
Jurisdiction trips up more applicants than you’d expect. If the incident happened in Baltimore County, you can’t file with a commissioner in Montgomery County. Make sure your statement of facts pins down a specific location so the commissioner can confirm the court has authority over it.
If probable cause is found, the statement of charges is issued and the case moves forward.
Summons or Arrest Warrant
The default is a summons, which orders the defendant to appear in court on a set date with a copy of the charging document attached.4New York Codes, Rules and Regulations. Maryland Rules Rule 4-212 – Issuance, Service, and Execution of Summons or Warrant An arrest warrant is the exception. A commissioner can issue a warrant only when probable cause exists for the charged offense and at least one additional condition is met:1Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-607
- The defendant previously failed to respond to a personally served summons or a citation.
- The defendant’s whereabouts are unknown and a warrant is needed to bring them before the court.
- The defendant is already in custody on another offense.
- There is probable cause to believe the defendant is a danger to another person or to the community.
You don’t get to choose. That call belongs to the commissioner based on the circumstances and the defendant’s history. If a warrant is later found unnecessary, a District Court or circuit court judge can recall it and issue a summons instead upon a finding of good cause.1Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-607
Deadlines to File
The application has to be filed within the statute of limitations for the offense. For most Maryland misdemeanors, that’s one year from the date of the crime.5Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 5-106 Miss it and charges can’t be brought, no matter how strong the evidence is.
Several categories have different deadlines:
- Misdemeanors punishable by imprisonment in a state penitentiary: no time limit.
- Public ethics violations or misconduct by a public officer: two years.
- State election law offenses: four years.
- Welfare fraud or tax-related offenses: three years.
- Stalking: ten years.
- Sexual extortion: five years.
Felonies in Maryland generally have no statute of limitations, so an application for a felony can be filed at any point. Even so, evidence fades and memories weaken, so filing sooner is better than filing later.5Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 5-106
Extra Step for Charges Against Certain Professionals
Maryland adds a layer when the accused is a law enforcement officer, emergency services worker, adult protective services worker, child welfare caseworker, or educator, and the conduct occurred while they were performing job duties. In that situation, your application is forwarded to the State’s Attorney, who must investigate and make a recommendation to the commissioner about whether charges should be filed.2Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 2-608
The commissioner cannot issue the statement of charges until that recommendation comes back. If the State’s Attorney recommends charges, they also recommend whether a summons or warrant should be used. You can still file. It just takes longer and receives more scrutiny.
If the Commissioner Denies the Application
A denial for lack of probable cause is not the end. Contact the State’s Attorney’s office in the county where the crime occurred and ask them to review your allegations. The State’s Attorney has independent authority to investigate and file charges, including by presenting the case to a grand jury.
If neither the commissioner nor the State’s Attorney will act, Maryland case law recognizes a further remedy: you can ask the grand jury foreman for permission to appear before the grand jury and present evidence of criminal violations yourself. That’s a last resort. Courts expect you to work through the commissioner and the State’s Attorney first.
What to Expect After Charges Are Issued
Your role changes once the case is in the system. The State’s Attorney’s office may take over prosecution, particularly for serious charges, and you may be called as a witness rather than acting as prosecutor. In some misdemeanor cases in District Court, the State’s Attorney may not actively prosecute, and the case moves forward with you presenting your account to the judge. The defendant, once served by summons or brought in on a warrant, is formally within the court’s jurisdiction and will be advised of the charges, possible penalties, and the right to counsel at an initial appearance.
The Risk of a False or Exaggerated Application
Because you sign under oath, every factual claim in the application carries the weight of sworn testimony. Knowingly including false information can be prosecuted as perjury, a misdemeanor in Maryland carrying up to 10 years in prison.6Maryland General Assembly. Maryland Code Criminal Law 9-101 – Perjury Beyond that, the person you falsely accused may sue you civilly for malicious prosecution and seek money damages for the harm your false charges caused. Fabricated applications are a serious crime and a genuine financial risk, not a procedural misstep.