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Terms Used In Maryland Code, CRIMINAL PROCEDURE 10-105.2

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) Subject to subsection (b) of this section, after disposition of all charges in a case involving a criminal offense or a civil offense under § 5-601(c)(2)(ii) of the Criminal Law Article, including a must-appear violation of the Transportation Article, the court shall notify the defendant of the defendant’s right to expungement under § 10-105 of this subtitle if no charge in the case resulted in a disposition other than:

(1) acquittal;

(2) dismissal;

(3) not guilty; or

(4) nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment.

(b) (1) If the defendant is not present in court for the disposition, the court shall notify the defendant by mail.

(2) The notice provided under this section shall include a written form for general waiver and release of all tort claims relating to the charge or charges eligible for expungement under § 10-105 of this subtitle.