§ 10-127
367 words·~2 min read·
/md/criminal-law/10-127A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.