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Converting Arrest Warrants to Criminal Summons in Montgomery County

A question which I receive in Montgomery County is whether an arrest warrant can be quashed or converted to a summons. The general answer in Montgomery County is in the negative. I was successful in converting an arrest warrant in Prince Georges County. In that case the prosecutor consented to the request.

Below is directly from our administrative judge:

It is the position of our District Court that it does not have authority to convert an unserved arrest warrant to a criminal summons. District Court administrative regulation XV authorizes judges to recall bench warrants and failure to appear warrants only. Arrest warrants issued by commissioners must be served on the defendant.

A possible exception is that the state's attorney can intervene and take action prior to service of a warrant on a defendant.
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