Maryland Code, CRIMINAL PROCEDURE 11-613
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-613
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) files a motion under the Maryland Rules to stay execution of the judgment of restitution and the motion has not been decided by the court; and
(2) challenges the conviction, sentence, or judgment of restitution by:
(i) filing an appeal in a State court or in federal court;
(ii) applying for leave to appeal following a plea of guilty in a circuit court;
(iii) filing a motion for exercise of revisory power by the sentencing court under the Maryland Rules;
(iv) filing an application for review of criminal sentence under Title 8 of this article; or
(v) filing a notice for in banc review under the Maryland Rules.
(b) If a restitution obligor has complied with the requirements of subsection (a) of this section and the court has not yet ruled on the request for a stay, a person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until a court issues a final judgment that upholds the conviction, sentence, or judgment of restitution.
(c) A person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until the time has expired in which a restitution obligor may file any of the actions listed under subsection (a)(2)(i) through (v) of this section.
(d) The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.