Article Structure
Dos and Don'ts
Things You Should Do:
- Provide your full legal name and the name of the business or person involved.
- Include the exact date and location of the offense.
- Clearly describe the property or services involved, including their value.
- Fill in all required sections, including the defendant's description and your contact information.
Things You Shouldn't Do:
- Do not leave any mandatory fields blank.
- Avoid providing inaccurate or misleading information.
- Do not forget to sign and date the application.
- Refrain from using legal jargon or complex terms that may confuse the application process.
Misconceptions
Understanding the Maryland DC CR 044 form can be challenging. Here are nine common misconceptions about this form:
- The form is only for businesses. Many believe that only businesses can use the Maryland DC CR 044 form. In reality, both individuals and businesses can file this application for a statement of charges.
- It is only applicable for checks. Some think the form is limited to bad checks. However, it can also be used for other forms of property or services unlawfully obtained.
- The application guarantees an arrest. A common misunderstanding is that submitting this form will lead to an immediate arrest. The form initiates a process, but an arrest is not guaranteed.
- You do not need to provide detailed information. Some applicants assume that minimal information is sufficient. In fact, providing comprehensive details about the incident is crucial for the application to be effective.
- The form is easy to complete. While the form may seem straightforward, many find it complex. Accurate completion requires careful attention to detail.
- Once filed, the application can be easily withdrawn. Many believe they can withdraw their application without consequence. However, if a charging document is issued, it cannot be withdrawn.
- The applicant does not need to appear in court. Some think they can file the application and not attend court. In reality, failure to appear could lead to legal penalties.
- The application is confidential. There is a misconception that all information on the application is private. However, certain details may be accessible to the public.
- Legal advice is not necessary. Some applicants feel they can complete the form without assistance. Seeking legal advice can provide clarity and ensure proper completion.
Understanding these misconceptions can help individuals navigate the process more effectively and avoid potential pitfalls when using the Maryland DC CR 044 form.
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Key takeaways
Here are key takeaways for filling out and using the Maryland DC CR 044 form:
- Full Legal Name: Always include the full legal name of the business or person involved.
- Bank Information: Provide the name and address of the bank where the check was presented.
- Case Details: Clearly state the court address and district court case number at the top of the form.
- Defendant’s Information: Fill in the defendant’s description, including details like driver's license number, sex, race, height, weight, and other identifying information.
- Statement of Charges: Specify the date, place, and amount involved in the bad check incident.
- Return Notice: Indicate how the check was returned by the bank, such as marked “insufficient funds.”
- Application Under Oath: Understand that you are submitting the application under oath, and provide truthful information to avoid legal consequences.
- Witness Requirement: Be prepared to appear in court as a witness if a charging document is issued.
- Additional Assistance: If needed, ask the commissioner for help in completing the application.
Completing the Maryland DC CR 044 form accurately is crucial for the process to proceed smoothly. Ensure all required information is included and double-check for accuracy before submission.
Guidelines on Utilizing Maryland Dc Cr 044
Completing the Maryland DC CR 044 form is an important step in the process of filing a statement of charges for a bad check. Once you have filled out the form, you will need to submit it to the appropriate court. This will initiate the legal proceedings, and you may be required to appear in court as a witness. Below are the steps to guide you through the process of filling out the form.
- Begin with the Full Legal Name: Enter the full legal name of the business or person involved in the case at the top of the form.
- Bank Information: Fill in the name and address of the bank where the check was presented.
- Court Information: Write the name of the District Court of Maryland and its address. Include the District Court case number and the city or county where the court is located.
- Complainant and Defendant Details: Provide the printed names, addresses, cities, states, zip codes, and telephone numbers for both the complainant/applicant and the defendant.
- Defendant's Description: Fill in the defendant's driver's license number, sex, race, height, weight, hair color, eye color, complexion, and any other identifying details, including date of birth.
- Details of the Offense: Specify the date and place of the offense. State the value of the property or services unlawfully obtained and the full legal name of the business or person from whom it was obtained.
- Check Information: Enter the details of the bad check, including the check number, account number, and the date it was issued.
- Return Information: Indicate how the check was returned from the bank and the date it was returned.
- Affirmation: Sign and date the affirmation statement, confirming that the information provided is true to the best of your knowledge.
- Commissioner's Signature: If applicable, the commissioner will sign and provide their ID number after reviewing the application.
- Applicant's Signature: The applicant must also sign and date the form, acknowledging they have read the notice on the back.
After completing the form, ensure that all sections are filled out accurately. Double-check the information for any errors or omissions. Once verified, submit the form to the appropriate court, where it will be processed. Remember, the information you provide is crucial for the legal proceedings that may follow.
Form Preview Example
Full Legal Name of Business or Person
on
Date
Drawn by:
Name and Address of Bank
presented to:
DISTRICT COURT OF MARYLAND FOR
LOCATED AT (COURT ADDRESS)
DISTRICT COURT CASE NUMBER
(City/County)
RELATED CASES:
COMPLAINANT/APPLICANT |
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DEFENDANT |
Printed Name |
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Printed Name |
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Address |
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Address |
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City, State, Zip |
Telephone |
City, State, Zip |
Telephone |
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CC# |
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Agency, |
(Officer Only) |
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DEFENDANT'S DESCRIPTION: Driver's License # |
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Sex |
Race |
Ht |
Wt |
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Hair |
Eyes |
Complexion |
Other |
D.O.B |
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ID |
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APPLICATION FOR STATEMENT OF CHARGES FOR BAD CHECK
(CRIMINAL LAW §
I, the undersigned, apply for statement of charges or warrant which may lead to the arrest of the above named
Defendant because on or about |
at |
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Date |
Place |
the above named Defendant did unlawfully obtain |
Property or Services |
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having a value of $ |
from |
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Full Legal Name of Business or Person |
by issuing |
passing a certain bad check dated: |
Check No: |
ACCOUNT NO: on the:
in the sum of $
Payable immediately to:
Above named Defendant intended or believed that payment would be refused.
Said check was returned from bank marked:
CERTIFIED MAIL SENT: |
RETURNED MARKED: |
Date |
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(Continued on attached |
pages) |
I solemnly affirm under the penalties of perjury that the contents of this Application are true to the best of my knowledge, information, and belief.
Date |
Officer's Signature |
Printed Name
I have read or had read to me and I understand the Notice on the back of this form.
Date |
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Applicant's Signature |
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Printed Name |
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Subscribed and sworn to before me this |
day of |
, |
at |
AM |
PM |
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Month |
Year |
Time |
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Judge/Commissioner |
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I.D. Number |
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I understand that a charging document will be issued and that I must appear for trial
on
at,
Date
when notified by the Clerk, at the court location shown at the top of this form.
Time |
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I have advised applicant of shielding right. |
Applicant declines shielding. |
I declined to issue a charging document because of lack of probable cause.
Date
TRACKING NUMBER
Applicant's Signature
Commissioner |
I.D. Number |
NOTICE TO APPLICANT FOR A CHARGING DOCUMENT
You are making an application for a charging document which may lead to the arrest and detention of the individual you are charging. If, as result of your application, the commissioner issues a charging document, it will be impossible for the commissioner to withdraw the document. The charge may only be disposed of by trial or by action of the State's Attorney.
You will be required to appear at the trial as a witness. Failure to appear on the date set by the court could result in your arrest for failure to obey a court order.
The application which you are filing is being filed under oath. Criminal Law Article §
It is essential that you furnish as much information as possible about the offense. To be sure that your information is adequate, your application should clearly state the following:
1.WHO?
Identify the accused, (the person about whom you are complaining), and identify yourself.
2.WHEN?
The time, day, month and year of the offense.
3.WHERE?
The exact address and street, the city, county and state where the offense happened. Also state whether the offense happened in a private home or in some public place.
4.WHAT?
State exactly what was done to you. For example: if property was taken, describe it and its value; or, if property was damaged or destroyed, indicate the original cost of the item or its replacement value. If you do not know the exact value, estimate it as accurately as possible.
5.WHY?
The facts you give must show the accused intended to commit a criminal act.
6.HOW?
How the accused committed the offense. For example, if you were physically assaulted, were you struck with a fist, a flat hand, kicked, or pushed, or were you struck with an object, such as a club or pipe, etc.? If property was taken, how did the accused get it? If it was destroyed or damaged, how did the accused cause the damage?
7.At the top of the application, you will notice a space marked "DESCRIPTION." The information in this space refers to the accused. It is important that you furnish as much of this as possible so that the accused may be easily identified.
8.Check only one (Issuing OR Passing). These are defined as:
a)Check "Issuing" if the Defendant gave you a check from the Defendant's own account. The act of a
b)Check "Passing" if the Defendant gave you a
If you need further assistance in completing your application, please feel free to ask the commissioner.
You are entitled to request that address and telephone number of a victim, complainant, or a witness be considered for shielding at the filing of this application.
NOTICE: Remote access to the name, address, telephone number, date of birth,
Common mistakes
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Incomplete Information: Failing to provide full legal names for both the complainant and the defendant can lead to delays. Ensure all names are accurate and complete.
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Missing Dates: Omitting the date of the offense or the date the check was issued can create confusion. Always include precise dates to strengthen your case.
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Incorrect Check Type: Choosing the wrong option between "Issuing" and "Passing" can misrepresent the situation. Understand the definitions clearly to select the appropriate option.
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Insufficient Description: Providing vague or minimal descriptions of the defendant can hinder identification. Include as much detail as possible, such as physical characteristics and identifying information.
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Neglecting to State Intent: Not explaining the accused's intent can weaken the application. Clearly outline how the defendant intended to commit a criminal act.
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Failing to Estimate Value: If the value of the property or services is unknown, simply stating "unknown" is not sufficient. Provide the best estimate possible to demonstrate the extent of the offense.
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Not Reviewing the Application: Submitting the application without a thorough review can lead to overlooked errors. Always double-check for accuracy and completeness before submission.
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Ignoring the Notice: Disregarding the notice on the back of the form can result in misunderstandings about the process. Read and understand all instructions to avoid complications.
Learn More on This Form
What is the Maryland DC CR 044 form used for?
The Maryland DC CR 044 form is an application for a statement of charges related to bad checks. It allows a complainant or applicant to formally request that a charging document be issued against an individual who has unlawfully obtained property or services by issuing a bad check. This process may lead to the arrest of the defendant.
Who can file the Maryland DC CR 044 form?
Any individual or business that has been a victim of a bad check can file the Maryland DC CR 044 form. This includes business owners, service providers, or any person who has received a check that was not honored by the bank. The applicant must provide their own information along with details about the defendant.
What information do I need to provide on the form?
When completing the Maryland DC CR 044 form, it is essential to provide detailed information about the incident. This includes the full legal name of the defendant, the date and location of the offense, a description of the property or services involved, and the check details such as the amount and check number. Additionally, you must describe the defendant’s intent and how the offense occurred.
What happens after I submit the form?
Once the Maryland DC CR 044 form is submitted, a commissioner will review the application. If they find sufficient probable cause, a charging document will be issued. This means you may need to appear in court as a witness during the trial. It is important to stay informed about the court dates and requirements after submitting the form.
Can I withdraw my application after it has been submitted?
No, once the application for a charging document has been submitted and approved, it cannot be withdrawn. The only way to resolve the charge is through a trial or action by the State's Attorney. Therefore, it is crucial to ensure that all information provided is accurate and complete before submission.
What are the consequences of providing false information on the form?
Providing false information on the Maryland DC CR 044 form can lead to serious legal consequences. Under Maryland law, making a false statement in connection with a crime report can result in a fine of up to $500, imprisonment for up to six months, or both. It is vital to provide truthful and accurate information to avoid these penalties.
Is there any assistance available for completing the form?
If you need help filling out the Maryland DC CR 044 form, you can ask the commissioner for assistance. They are available to guide you through the process and ensure that you provide all necessary information. Additionally, you may inquire about shielding options for personal information if you have concerns about privacy.