Maryland Code, CRIMINAL PROCEDURE 11-703
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-703
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) If the State’s Attorney makes a request under paragraph (1) of this subsection, the court shall determine, before or at sentencing, whether the person is a sexually violent predator.
(b) In making a determination under subsection (a) of this section, the court shall consider:
(1) evidence that the court considers appropriate to the determination of whether the person is a sexually violent predator, including the presentencing investigation and sexually violent offender’s inmate record;
(2) evidence introduced by the person convicted; and
(3) at the request of the State’s Attorney, evidence that a victim of the sexually violent offense presents.
(c) The State’s Attorney may not ask a court to determine whether a person is a sexually violent predator under this section unless the State’s Attorney serves written notice of intent to make the request on the defendant or the defendant’s counsel at least 30 days before trial.