Maryland Code, PUBLIC SAFETY 13A-703
Terms Used In Maryland Code, PUBLIC SAFETY 13A-703
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Conviction: A judgement of guilt against a criminal defendant.
- including: means includes or including by way of illustration and not by way of limitation. See
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
(1) (i) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or
(ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
(2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Record: when used in connection with the proceedings of a court-martial, means:
(1) an official written transcript, written summary, or other writing relating to the proceedings; or
(2) an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images depicting the proceedings, may be reproduced. See - state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) be a member in good standing of the State bar;
(2) prosecute in the name of the State; and
(3) under the direction of the court, prepare the record of the proceedings.
(b) (1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under § 13A-603 of this title as provided in this subsection.
(2) The accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by military counsel:
(i) detailed under § 13A-506 of this title; or
(ii) of the accused’s own selection if that counsel is reasonably available as determined under paragraph (7) of this subsection.
(4) If the accused is represented by civilian counsel, military counsel detailed or selected under paragraph (3) of this subsection shall act as associate counsel unless excused at the request of the accused.
(5) Except as provided under paragraph (6) of this subsection, if the accused is represented by military counsel of the accused’s own selection under paragraph (3)(ii) of this subsection, any military counsel detailed under paragraph (3)(i) of this subsection shall be excused.
(6) (i) Subject to subparagraph (ii) of this paragraph, the accused is not entitled to be represented by more than one military counsel.
(ii) The person authorized under regulations adopted under § 13A-506 of this title to detail counsel, in that person’s sole discretion:
1. may detail additional military counsel as assistant defense counsel; and
2. if the accused is represented by military counsel of the accused’s own selection under paragraph (3)(ii) of this subsection, may approve a request from the accused that military counsel detailed under paragraph (3)(i) of this subsection act as associate defense counsel.
(7) The senior force judge advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.
(c) In any court-martial proceeding resulting in a conviction, the defense counsel:
(1) may forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered on behalf of the accused on review, including any objection to the contents of the record that counsel considers appropriate;
(2) may assist the accused in the submission of any matter under § 13A-902 of this title; and
(3) may take other action authorized by this title.