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Session Laws, 1978
Volume 736, Page 2154   View pdf image
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2154

LAWS OF MARYLAND

Ch. 735

(12) THE COURT COST IN A MUNICIPAL INFRACTION
CASE IN WHICH COSTS ARE IMPOSED ARE $5. A DEFENDANT SHALL

NOT BE LIABLE FOR PAYMENT TO THE CRIMINAL INJURY

COMPENSATION FUND.

(13) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A
MUNICIPAL INFRACTION AND A FINE HAS BEEN IMPOSED BY THE

COURT, THE COURT MAY, AT ITS DISCRETION, DIRECT THAT THE

PAYMENT OF SAID FINE BE SUSPENDED OR DEFERRED UNDER SUCH

CONDITION AS THE COURT MAY ESTABLISH. WHENEVER ANY

DEFENDANT HAS BEEN FOUND GUILTY OF A MUNICIPAL INFRACTION
AND WILLFULLY FAILS TO PAY THE FINE IMPOSED BY THE COURT,
THAT WILLFULL FAILURE MAY BE TREATED AS A CRIMINAL CONTEMPT

OF COURT, FOR WHICH THE DEFENDANT MAY BE PUNISHED BY THE

COURT AS IS PROVIDED BY LAW IN SUCH CASES.

(14)   A DEFENDANT WHO HAS BEEN FOUND GUILTY OF A
MUNICIPAL INFRACTION SHALL HAVE THE SAME RIGHTS TO FILE A
MOTION FOR A NEW TRIAL OR A MOTION FOR A REVISION OF A
JUDGMENT AS ARE NOW PROVIDED BY LAW OR RULE IN THE TRIAL OF
A CRIMINAL CASE. THE SAID MOTIONS SHALL BE MADE IN THE SAME
MANNER AS IS NOW PROVIDED IN THE TRIAL OF CRIMINAL CASES,
AND THE COURT, IN RULING ON SAID MOTIONS, SHALL HAVE THE
SAME AUTHORITY AS IS NOW PROVIDED IN THE TRIAL OF CRIMINAL
CASES.

(15)   THE STATE'S ATTORNEY OF ANY COUNTY IS
AUTHORIZED TO PROSECUTE A MUNICIPAL INFRACTION IN THE SAME
MANNER IS HE IS NOW PERMITTED BY LAW TO PROSECUTE A

VIOLATION OF THE CRIMINAL LAWS OF THIS STATE. THE STATE'S

ATTORNEY IS AUTHORIZED TO ENTER A NOLLE PROSEQUI IN SUCH

CASES OR TO PLACE SUCH CASES ON THE STET DOCKET, AND HE

SHALL EXERCISE THAT AUTHORITY IN THE SAME MANNER AS IS NOW
PRESCRIBED BY LAW OR RULE FOR VIOLATION OF THE CRIMINAL LAWS
OF THIS STATE.

Article 38 — Fines and Forfeitures

1.

When any fine or penalty is imposed by any act of
Assembly of this State or by any ordinance of any
incorporated city or town in this State enacted in pursuance
of sufficient authority, for the doing of any act forbidden
to be done by such act of Assembly or ordinance, or for
omitting to do any act required to be done by such act of
Assembly or ordinance, the doing of such act or the omission
to do such act shall be deemed to be a criminal offense
UNLESS THE OFFENSE IS DEFINED AS A MUNICIPAL INFRACTION.
Any such offense may be prosecuted by the arrest of the
offender for such offense and by holding him to appear in or
committing him for trial in the court which has jurisdiction
in the said cases and shall proceed to try or dispose of the
same in the same manner as other criminal cases may be tried
or proceeded with or disposed of, or such offenses may be
prosecuted by indictment in such court. If any person shall
be adjudged guilty of any such offense by any court having

 

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Session Laws, 1978
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