In any Maryland criminal case where there is an arrest there should be a “statement of probable cause.” That statement is part of the “charging documents” that are written up by the arresting police officer in the case, along with a list of the charges. These are among the documents presented to the defendant after arrest and at an initial appearance in front of a commissioner.
The “statement of probable cause” is required by the officer because it gives the basis for the arrest that was just made and the subsequent charge(s) that the officer has drawn up against the defendant. It is signed under oath by the officer. It is important to note that at a trial this statement in and of itself is not admissible as evidence by the prosecution.
Of course, there are always two (or three, or four…) sides to every story, and rarely does the statement of probable cause tell a complete, accurate tale of what happened. That being said, this report is invaluable to a defense attorney for a number of reasons. For one, it is important for an attorney to pay attention to not only what is said but what is not said in the report. Because the officer is supposed to put everything in that statement damaging to the defendant, what is left out is very important to note and use to the defense’s advantage. Secondly, the statement helps “lock in” a police officer’s testimony before that officer takes the stand. If the officer deviates at all on the stand from what is said, the defense attorney can nail him with his own words.
Just from reading the statement of probable cause a case may seem like a lost cause, but remember that is only one version of events. An experienced criminal defense attorney can even use the most seemingly damaging statements to his or her advantage when knowing what to look for in it.