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Terms Used In Maryland Code, CRIMINAL LAW 7-105.1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Oath: A promise to tell the truth.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) Subject to subsection (c) of this section, in a criminal case or juvenile proceeding involving theft of a motor vehicle under § 7-104 or § 7-105 of this subtitle, an affidavit sworn to in open court by the lawful owner of the motor vehicle may be introduced thereafter as substantive evidence that the motor vehicle was taken from the lawful owner and operated, used, or possessed without the lawful owner’s authorization.

(b) The affidavit shall:

(1) be given under oath subject to the penalty of perjury; and

(2) be attached to a copy of the certificate of title of the motor vehicle.

(c) (1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under this section, the State shall provide written notice to the defendant that the State intends to:

(i) rely on the affidavit; and

(ii) introduce the affidavit into evidence at the proceeding.

(2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

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