Release of Information by Attorneys

Pretrial 3. 2. Investigations Any attorney participating in any grand jury or other investigation shall not make any extra-judicial public statement which goes beyond the public record or which is not necessary to inform the public that the investigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any danger, or otherwise to aid in the progress of the investigation. 3.

Pretrial From the time of arrest; issuance of an arrest warrant or the filing of a complaint; information, or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer associated with the prosecution or defense shall not release or authorize the release, for dissemination by any means of public communication, of any extra-judicial statement concerning: a. b. c. d. e. f. The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer may make a factual statement of the accused’s name, age, residence, occupation, and family status, and if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in the apprehension or to warn the public of any dangers that person may present; The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement; The performance of any examinations or tests or the accused’s refusal or failure to submit to an examination or test; The identity, testimony, or credibility of prospective witnesses, except that the lawyer may announce the identity of the victim if the announcement is not otherwise prohibited by law; The possibility of a plea of guilty to the offense charged or a lesser offense; Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the evidence in the case. The foregoing shall not be construed to preclude the lawyer, in the proper discharge of official or professional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of U.S. District Court of Maryland Local Rules (December 1, 2025) 38