Maryland Code, CRIMINAL LAW 10-127
Terms Used In Maryland Code, CRIMINAL LAW 10-127
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means a county of the State or Baltimore City. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(1) the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of a criminal case;
(2) the court shall apply the evidentiary standards as prescribed by law for the trial of a criminal case;
(3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;
(4) the defendant is entitled to:
(i) cross-examine each witness who appears against the defendant;
(ii) produce evidence and witnesses on the defendant’s own behalf;
(iii) testify on the defendant’s own behalf if the defendant chooses to do so; and
(iv) be represented by counsel of the defendant’s own selection and expense;
(5) the defendant may enter a plea of guilty or not guilty;
(6) the verdict shall be:
(i) guilty of a civil violation; or
(ii) not guilty of a civil violation; and
(7) before entering a judgment, a court may place the defendant on probation in the same manner and to the same extent as is permitted by law in a criminal case.
(b) If a defendant is found guilty of a violation under this part and a fine is imposed, a court may direct that the payment of the fine be suspended or deferred under conditions determined by the court.
(c) A defendant’s willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law.
(d) A defendant who is found guilty of a violation under this part, as provided by law for a criminal case, may file:
(1) an appeal;
(2) a motion for a new trial; or
(3) a motion for a revision of a judgment.
(e) The State’s Attorney for each county may:
(1) prosecute a violation under this part in the same manner as a prosecution of a criminal case, including entering a nolle prosequi or placing the case on violation on a stet docket; and
(2) exercise authority in the same manner prescribed by law for a violation of the criminal laws of the State.