The Maryland DC CR 044 form is an application for a statement of charges regarding bad checks. This form allows individuals to request legal action against someone who has issued a bad check, which can lead to serious consequences for the accused. If you need to fill out this form, click the button below to get started.
The Maryland DC CR 044 form plays a crucial role in the legal process concerning bad checks, serving as an application for a statement of charges. This form is utilized when an individual or business seeks to initiate legal action against someone who has issued a bad check. It requires detailed information about both the complainant and the defendant, including full legal names, addresses, and contact numbers. Additionally, the form collects pertinent details regarding the alleged offense, such as the date, location, and value of the property or services involved. A clear description of the defendant is also necessary, encompassing physical attributes and identification details. The application emphasizes the importance of providing accurate and comprehensive information to support the case. It includes a notice to applicants, outlining the responsibilities and potential consequences associated with filing the application, such as the obligation to appear in court as a witness. Understanding the components and requirements of the Maryland DC CR 044 form is essential for anyone looking to navigate the legal landscape surrounding bad checks effectively.
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DISTRICT COURT OF MARYLAND FOR
LOCATED AT (COURT ADDRESS)
DISTRICT COURT CASE NUMBER
(City/County)
RELATED CASES:
COMPLAINANT/APPLICANT
DEFENDANT
Printed Name
Address
City, State, Zip
Telephone
CC#
Agency, Sub-agency, and I.D. #
(Officer Only)
DEFENDANT'S DESCRIPTION: Driver's License #
Sex
Race
Ht
Wt
Hair
Eyes
Complexion
Other
D.O.B
ID
APPLICATION FOR STATEMENT OF CHARGES FOR BAD CHECK
(CRIMINAL LAW § 8-103)
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
Date
Place
the above named Defendant did unlawfully obtain
Property or Services
having a value of $
from
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:
(Continued on attached
pages) (DC-CR-044A)
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.
Officer's Signature
I have read or had read to me and I understand the Notice on the back of this form.
Applicant's Signature
Subscribed and sworn to before me this
day of
,
AM
PM
Month
Year
Time
Judge/Commissioner
I.D. Number
I understand that a charging document will be issued and that I must appear for trial
on
at,
when notified by the Clerk, at the court location shown at the top of this form.
I have advised applicant of shielding right.
Applicant declines shielding.
I declined to issue a charging document because of lack of probable cause.
DC-CR-044 (Rev. 08/2017)
TRACKING NUMBER
Commissioner
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 § 9-503 of the Annotated Code of Maryland provides that any person who makes a false statement or report of a crime or causes such a false report or statement to be made to any official or agency of this State, knowing the same, or any material part thereof, to be false and with intent that such official or agency investigate, consider or take action in connection with such statement or report, shall be subject to a fine of not more than $500, or be imprisoned not more than six months, or be both fined and imprisoned, in the discretion of the court.
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 check-writer who (1) delivers the check to a person who acquires a right against the writer' or (2) writes the check intending that it be delivered to a person who would acquire a right to the check-writer and the check is delivered to that person.
b)Check "Passing" if the Defendant gave you a third-party check signed over to you. Delivering the check by a payee, holder, or bearer of the check, if: (1) the check was, or purports to have been written by a person other that the person delivering the check; and (2) delivery was made to a third person who acquires a right to the check.
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, e-mail address, and place of employment of a victim or non-party witness is blocked. (Md. Rule 16-910)
There are several misconceptions regarding the Maryland DC CR 044 form that can lead to confusion. Understanding these can help ensure that the application process is clear and effective.
Many believe that they can file the application without providing adequate details about the incident. However, it is crucial to furnish as much information as possible, including who, when, where, what, why, and how the offense occurred.
Some applicants think that submitting the form will lead to an immediate arrest of the accused. In reality, the application initiates a process, but the decision to arrest lies with the authorities based on the evidence presented.
There is a belief that once the application is filed, the applicant is no longer involved. This is incorrect. The applicant must appear in court as a witness if a charging document is issued.
Some individuals think they can retract their application easily. However, once a charging document is issued, it cannot be withdrawn by the commissioner. The matter must be resolved through trial or action by the State's Attorney.
Filling out the Maryland DC CR 044 form accurately is crucial for a successful application. One common mistake is failing to provide the full legal name of the business or person involved. Omitting or misspelling this information can lead to delays or even rejection of the application.
Another frequent error is not including the correct court address. Applicants must ensure that they specify the correct location of the District Court. Providing an incorrect address can complicate the processing of the case and may result in missed notifications.
Many individuals overlook the importance of detailing the date and place of the alleged offense. This information is essential for establishing a timeline and context for the application. Without it, the application may lack the necessary clarity for further action.
Additionally, applicants often fail to specify the exact value of the property or services involved. Vague descriptions or estimates can weaken the application. Providing a precise value helps to substantiate the claim and supports the case's validity.
In some cases, the description of the defendant is incomplete. It is vital to provide as much detail as possible, including physical characteristics and identifying information. This aids law enforcement in locating the accused effectively.
Another mistake is not clearly indicating whether the check was issued or passed. Misunderstanding these terms can lead to confusion in the application process. Selecting the correct option is crucial for the legal classification of the offense.
Applicants frequently neglect to sign the form. An unsigned application cannot be processed. Ensure that both the applicant's and the officer's signatures are included to validate the submission.
Furthermore, some individuals fail to read the notice on the back of the form thoroughly. This notice contains important information about the implications of filing the application. Understanding these details can prevent future complications.
Lastly, applicants sometimes do not provide adequate information about the intent behind the alleged offense. Clearly articulating the accused's intentions is necessary to establish a solid basis for the charges being sought.
Taking the time to avoid these mistakes can significantly enhance the chances of a successful application. Attention to detail is essential when completing the Maryland DC CR 044 form.
The Maryland DC CR 044 form is used to apply for a statement of charges or warrant against someone accused of issuing a bad check.
Complete the form with accurate information, including the full legal name of the business or person and the bank details where the check was presented.
Provide the district court case number and related case information to ensure your application is processed correctly.
Clearly describe the offense, including details such as the date, location, and value of the property or services involved.
Include a description of the defendant, such as their physical characteristics and driver's license number, if available.
Make sure to indicate whether the check was "Issuing" (from the defendant's account) or "Passing" (a third-party check).
Be aware that filing this application is done under oath, and providing false information can lead to legal consequences.
If the application leads to a charging document, you must appear in court as a witness. Failing to do so may result in arrest.
The Maryland DC CR 044 form is used to apply for a statement of charges regarding a bad check. Several other documents and forms may accompany this application to provide additional information or fulfill legal requirements. Below is a list of commonly used forms related to this process.
Understanding these forms and their purposes can help individuals navigate the legal process more effectively. Each document plays a role in ensuring that all parties involved are informed and that the legal proceedings run smoothly.
The Maryland DC CR 045 form is similar to the DC CR 044 form in that it also serves as a request for a charging document. This form is specifically used for cases involving a violation of criminal law, such as theft or fraud. Like the CR 044, it requires detailed information about the accused and the incident. Both forms necessitate the applicant's signature under oath, affirming the truthfulness of the information provided. The CR 045 also includes a section for the applicant to provide their contact information and the details of the alleged crime, ensuring that the court has all necessary information for processing the case.
The Maryland DC CR 046 form is another document that parallels the CR 044. This form is used for applying for a statement of charges related to domestic violence incidents. Similar to the CR 044, it requires the applicant to provide comprehensive details about the accused, the nature of the incident, and any relevant dates and locations. Both forms demand that the applicant sign under oath, emphasizing the seriousness of providing accurate information. The DC CR 046 also outlines the potential consequences of filing a false report, mirroring the warnings found in the CR 044.
The Maryland DC CR 047 form is akin to the CR 044 as it pertains to applications for charging documents in cases of harassment. Like the CR 044, it requires the applicant to identify the accused and describe the alleged behavior that constitutes harassment. Both forms include sections for the applicant's contact information and a detailed account of the incident. The CR 047 also mandates an oath from the applicant, reinforcing the legal implications of submitting false information, similar to the stipulations in the CR 044.
The Maryland DC CR 048 form, used for filing charges related to assault, shares similarities with the CR 044. Both documents require the applicant to provide identifying information about the accused and a description of the incident. The CR 048 also necessitates an applicant's signature under oath, ensuring accountability for the information submitted. Additionally, both forms outline the legal ramifications of false reporting, stressing the importance of honesty in the application process.
In understanding the various forms related to criminal charges, it is also essential to consider the documentation required for firearm transactions, such as the Bill of Sale for a Gun, which ensures that the sale or transfer complies with legal standards and supports a responsible exchange between individuals.
The Maryland DC CR 049 form is comparable to the CR 044 in that it serves as an application for charges related to stalking. Like the CR 044, it requires a detailed account of the alleged behavior, including dates, times, and locations. Both forms require the applicant to affirm the truth of their statements under oath. The DC CR 049 also includes warnings about the consequences of filing false claims, mirroring the legal cautions found in the CR 044.
The Maryland DC CR 050 form is similar to the CR 044 as it pertains to applications for charges related to drug offenses. This form, like the CR 044, requires the applicant to provide comprehensive details about the accused and the specific nature of the alleged crime. Both documents mandate the applicant's signature under oath, emphasizing the importance of accuracy in the information provided. Additionally, the DC CR 050 includes similar warnings regarding the implications of submitting false information, aligning with the legal standards set forth in the CR 044.