Maryland Criminal Law Section 10-127

Article - Criminal Law

§ 10-127.

      (a)      In a proceeding for a violation under this part:

            (1)      the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of a criminal case;

            (2)      the court shall apply the evidentiary standards as prescribed by law for the trial of a criminal case;

            (3)      the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

            (4)      the defendant is entitled to:

                  (i)      cross-examine each witness who appears against the defendant;

                  (ii)      produce evidence and witnesses on the defendant's own behalf;

                  (iii)      testify on the defendant's own behalf if the defendant chooses to do so; and

                  (iv)      be represented by counsel of the defendant's own selection and expense;

            (5)      the defendant may enter a plea of guilty or not guilty;

            (6)      the verdict shall be:

                  (i)      guilty of a civil violation; or

                  (ii)      not guilty of a civil violation; and

            (7)      before entering a judgment, a court may place the defendant on probation in the same manner and to the same extent as is permitted by law in a criminal case.

      (b)      If a defendant is found guilty of a violation under this part and a fine is imposed, a court may direct that the payment of the fine be suspended or deferred under conditions determined by the court.

      (c)      A defendant's willful failure to pay a fine imposed under this part may be treated as a criminal contempt punishable as provided by law.

      (d)      A defendant who is found guilty of a violation under this part, as provided by law for a criminal case, may file:

            (1)      an appeal;

            (2)      a motion for a new trial; or

            (3)      a motion for a revision of a judgment.

      (e)      The State's Attorney for each county may:

            (1)      prosecute a violation under this part in the same manner as a prosecution of a criminal case, including entering a nolle prosequi or placing the case on violation on a stet docket; and

            (2)      exercise authority in the same manner prescribed by law for a violation of the criminal laws of the State.



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