Maryland Code, CRIMINAL LAW 10-137
Terms Used In Maryland Code, CRIMINAL LAW 10-137
- Administrator: includes an executor and a personal representative. See
- Adult: means an individual at least 18 years old. See
- 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.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means an individual under the age of 18 years. 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
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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 - Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- 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.
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
(b) A citation for a violation of § 10-136 of this part may be issued by:
(1) a police officer authorized to make arrests; and
(2) in State forestry reservations, State parks, historic monuments, and recreation areas, a forest or park warden under § 5-206(a) of the Natural Resources Article.
(c) A person authorized under this section to issue a citation shall issue the citation if the person has probable cause to believe that the person charged is committing or has committed a violation of § 10-136 of this part.
(d) (1) Subject to paragraph (2) of this subsection, the form of citation issued to an adult for a violation of § 10-136 of this part shall be as prescribed by the District Court and shall be uniform throughout the State.
(2) The citation issued to an adult shall contain:
(i) the name and address of the person charged;
(ii) the statute allegedly violated;
(iii) the location, date, and time that the alleged violation occurred;
(iv) the fine that may be imposed;
(v) a notice that the District Court promptly shall send to the person charged a summons to appear for trial;
(vi) the signature of the person issuing the citation; and
(vii) a space for the person charged to sign the citation.
(3) The form of citation issued to a minor shall:
(i) be prescribed by the State Court Administrator;
(ii) be uniform throughout the State; and
(iii) contain the information listed in § 3-8A-33(b) of the Courts Article.
(e) (1) The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.
(2) The District Court promptly shall schedule the case for trial and summon the defendant to appear.
(3) Willful failure of the defendant to respond to a summons described in paragraph (2) of this subsection is contempt of court.
(f) (1) For purposes of this section, a violation of § 10-136 of this part is a Code violation and is a civil offense.
(2) A person charged who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.
(3) A person charged who is at least 18 years old shall be subject to the provisions of this section.
(4) Adjudication of a Code violation under § 10-136 of this part is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
(g) In any proceeding for a Code violation under § 10-136 of this part:
(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 criminal cases;
(2) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal cases;
(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 cross-examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;
(5) the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and
(6) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:
(i) guilty of a Code violation;
(ii) not guilty of a Code violation; or
(iii) probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case.
(h) (1) If the District Court finds that a person has committed a Code violation, the court shall require the person:
(i) for a first violation, to pay a fine not exceeding $100;
(ii) for a second violation, to pay a fine not exceeding $500; or
(iii) for a third or subsequent violation, to pay a fine not exceeding $1,000 and to participate in gambling addiction treatment.
(2) The Chief Judge of the District Court may establish a schedule for the prepayment of fines for a violation under § 10-136 of this part.
(i) When a defendant has been found guilty of a Code violation and a fine has been imposed by the court:
(1) the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish; and
(2) if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may be punished by the court as provided by law.
(j) (1) The defendant is liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.
(2) The court costs in a Code violation case under § 10-136 of this part in which costs are imposed are $5.
(k) (1) A defendant who has been found guilty of a Code violation under § 10-136 of this part has the right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.
(2) A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion, has the same authority provided in the trial of criminal cases.
(l) (1) The State’s Attorney for any county may prosecute a Code violation under § 10-136 of this part in the same manner as prosecution of a violation of the criminal laws of the State.
(2) In a Code violation case under § 10-136 of this part, the State’s Attorney may:
(i) enter a nolle prosequi or place the case on the stet docket; and
(ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.