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The Maryland DC CR 044 form serves as a crucial document in the legal process surrounding bad checks, providing a structured way for individuals or businesses to initiate a complaint against a defendant. This form is used to apply for a statement of charges or a warrant, which may ultimately lead to the arrest of the individual accused of issuing a bad check. It captures essential information, including the full legal name of the business or person involved, the details of the bank where the check was presented, and the District Court case number. The applicant must provide a comprehensive account of the incident, detailing the date, location, and circumstances under which the bad check was issued. Additionally, the form requires specific information about the defendant, such as their physical description and contact details, to facilitate identification. It also emphasizes the importance of accuracy, as any false statements can lead to serious legal repercussions. The applicant is reminded of their obligations to appear in court as a witness if charges are filed, underscoring the gravity of the situation. The form not only serves as a means of seeking justice but also highlights the responsibilities of the applicant in the legal process.

Maryland Dc Cr 044 Preview

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

 

 

DEFENDANT

Printed Name

 

Printed Name

 

Address

 

Address

 

City, State, Zip

Telephone

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:

Date

 

(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.

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

 

Applicant's Signature

 

 

 

 

 

Printed Name

 

 

Subscribed and sworn to before me this

day of

,

at

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,

Date

when notified by the Clerk, at the court location shown at the top of this form.

Time

 

I have advised applicant of shielding right.

Applicant declines shielding.

I declined to issue a charging document because of lack of probable cause.

Date

DC-CR-044 (Rev. 08/2017)

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 § 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)

Form Attributes

Fact Name Details
Form Title Application for Statement of Charges for Bad Check
Governing Law Criminal Law § 8-103 of the Annotated Code of Maryland
Primary Purpose This form is used to apply for a statement of charges or warrant against a defendant for issuing a bad check.
Required Information The form requires details such as the full legal name of the business or person, bank information, and the defendant's description.
Defendant's Description Information such as driver's license number, sex, race, height, weight, hair color, eye color, complexion, and date of birth must be provided.
Filing Under Oath The applicant must affirm the truthfulness of the application under penalties of perjury.
Trial Requirement If a charging document is issued, the applicant must appear at trial as a witness.
Consequences of False Statements Making a false statement can lead to a fine of up to $500 or imprisonment for up to six months.
Shielding Rights The applicant has the right to request shielding of personal information from public access during the application process.
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