Maryland Code, CRIMINAL PROCEDURE 4-203
Terms Used In Maryland Code, CRIMINAL PROCEDURE 4-203
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: means a county of the State or Baltimore City. See
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
(2) “Corporation” includes a joint-stock company and an association.
(3) “Limited liability company” includes a limited liability partnership and a limited liability limited partnership.
(b) If a charging document is filed against a corporation or limited liability company, the clerk of court may issue a summons to the corporation or limited liability company in its corporate or company name to appear at the court to answer the charging document.
(c) A summons served under subsection (b) of this section may be served in the same manner as provided for service of process in a civil suit under the Maryland Rules.
(d) (1) If a sheriff or other officer returns a summons served under this section as “summoned” or “served”:
(i) the corporation or limited liability company to whom the summons was issued shall be considered as in court and as appearing to the charging document; and
(ii) the court shall order the clerk to enter an appearance for the corporation or limited liability company and to endorse a plea of not guilty on the charging document.
(2) After the clerk makes the entry and endorsement specified in paragraph (1)(ii) of this subsection, further proceedings may occur concerning the charging document in the same manner as if the corporation or limited liability company had appeared and pleaded not guilty.
(e) (1) If a corporation or limited liability company is served a summons under this section and is convicted on the charging document, a court may:
(i) pass a judgment concerning the charging document; and
(ii) issue process of execution to the sheriff of the county against the property of the corporation or limited liability company for the amount of the fine and costs that may be awarded against the corporation or limited liability company in the same manner as on a judgment in a civil action.
(2) A sheriff shall sell the property of the corporation or limited liability company on an execution under paragraph (1) of this subsection in the same manner as on an execution issued in a civil suit.