Your Rights in Maryland When Being Held Without Charges

 Posted on July 15, 2025 in Criminal Defense

If you are being held by law enforcement without formal criminal charges, you may feel confused and frightened, and wonder whether this practice is even lawful. How long can they keep you? Do you have rights during this detention? What steps can you or your family members take to secure your release?

Although the Constitution protects against unlawful detention, certain situations can allow law enforcement to temporarily hold you without official charges. Having an experienced Howard County, MD criminal defense lawyer by your side can help ensure that your freedom and your future are properly protected.   

What Are the Differences Between Temporary Detention and Formal Arrest in Maryland?

Reasonable suspicion is required for temporary detention, and the purpose of the detention is to investigate potential criminal activity to decide whether further action is warranted. The duration of temporary detention is usually brief and is significantly less restrictive than an arrest, although the individual’s movements are limited. The suspect may be patted down for weapons, and, in some cases, handcuffs may be used.

Probable cause is required for a formal arrest, which means there is sufficient evidence to indicate that a crime was committed and that the person arrested committed the crime. The purpose is to take the individual into custody and formally charge him or her for the crime. A formal arrest involves booking, processing, and being held for a longer time, and often includes handcuffing the suspect.

What is the 24-hour Rule for Charging or Releasing a Suspect in Maryland?

The 24-hour Rule in Maryland requires that a person arrested without a warrant be brought before a judicial officer within 24 hours of the arrest, excluding weekends and holidays, to determine whether probable cause exists for the arrest.

If probable cause cannot be established or if the paperwork is not signed by a judge, the suspect must be released. If no charges are filed, a suspect can be held without being charged for a maximum of 72 hours. At that point, the suspect must be formally charged with a crime or released. This 72-hour period does not include weekends or holidays, which could extend the time period to five or six days.  

What Rights Do You Have While Being Temporarily Detained?

Whether you are being temporarily detained or formally charged with a crime, you have the same rights:

• You have the right to remain silent – and should definitely not speak to the police or answer questions without a lawyer present.
• You have the right to have an attorney present during questioning.
• You have the right to know why you are being detained or charged.

Are There Exceptions to the 24-hour Rule for Formal Charges?

There may be certain exceptions to the 24-hour Rule, including detention for investigative purposes, federal holds or ICE detainments, and probable cause requirements and warrant exceptions. An experienced attorney can determine whether being held longer than 24 hours with charges or 72 hours without charges is legal.

Contact a Montgomery County, MD Criminal Defense Lawyer

If you or a loved one is being held without charges in Maryland, do not wait for the situation to get worse. Time is of the essence; an experienced Rockville, MD criminal defense attorney from Law Offices of Mallon Snyder can step in to demand answers, fight for your release, and protect your legal interests.

Attorney Snyder has 45 years of legal experience, is available 24/7, and will fight aggressively for you in court. He has good relationships with judges and prosecutors and goes above and beyond for his clients by providing personal coaching and trial preparation.  To schedule your free consultation, call 301-762-7500.