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Ch. 109 2002 LAWS OF MARYLAND
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10-117.
(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
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- 1334 -
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