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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Maryland Code, Criminal Law § 10-127 - last updated January 01, 2025 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-10-127/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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