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Ch. 26
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2002 LAWS OF MARYLAND
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(2) A PERSON CHARGED WHO IS UNDER THE AGE OF 18 YEARS SHALL BE
SUBJECT TO THE PROCEDURES AND. DISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE
8A OF THE COURTS ARTICLE.
(3) A PERSON CHARGED WHO IS AT LEAST 18 YEARS OLD SHALL BE
SUBJECT TO THE PROVISIONS OF THIS SECTION.
(4) ADJUDICATION OF A CODE VIOLATION IS NOT A CRIMINAL
CONVICTION FOR ANY PURPOSE, AND IT DOES NOT IMPOSE ANY OF THE CIVIL
DISABILITIES ORDINARILY IMPOSED BY A CRIMINAL CONVICTION.
(G) BURDEN OF PROOF; PROCEDURE.
IN ANY PROCEEDING FOR A CODE VIOLATION:
(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
CRIMINAL CAUSES, AND IN ANY SUCH PROCEEDING, THE COURT SHALL APPLY THE
EVIDENTIARY STANDARDS AS PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF
CRIMINAL CAUSES;
(2) THE COURT SHALL ENSURE THAT THE DEFENDANT HAS RECEIVED A
COPY OF THE CHARGES AGAINST THE DEFENDANT AND THAT THE DEFENDANT
UNDERSTANDS THOSE CHARGES;
(3) THE DEFENDANT IS ENTITLED TO CROSS-EXAMINE ALL WITNESSES
WHO APPEAR AGAINST THE DEFENDANT, TO PRODUCE EVIDENCE OR WITNESSES ON
BEHALF OF THE DEFENDANT, OR TO TESTIFY ON THE DEFENDANTS OWN BEHALF, IF
THE DEFENDANT CHOOSES TO DO SO;
(4) THE DEFENDANT IS ENTITLED TO BE REPRESENTED BY COUNSEL OF
THE DEFENDANT'S CHOICE AND AT THE EXPENSE OF THE DEFENDANT; AND
(5) THE DEFENDANT MAY ENTER A PLEA OF GUILTY OR NOT GUILTY,
AND THE VERDICT OF THE COURT IN THE CASE SHALL BE:
(I) GUILTY OF A CODE VIOLATION;
(II) NOT GUILTY OF A CODE VIOLATION; OR
(III) BEFORE RENDERING JUDGMENT, THE COURT MAY PLACE THE
DEFENDANT ON PROBATION IN THE SAME MANNER AND TO THE SAME EXTENT AS IS
ALLOWED BY LAW IN THE TRIAL OF A CRIMINAL CASE.
(H) AMOUNT OF FINE.
(1) IF THE DISTRICT COURT FINDS THAT A PERSON HAS COMMITTED A
CODE VIOLATION, THE COURT SHALL REQUIRE THE PERSON TO PAY:
(I) A FINE NOT EXCEEDING $500; OR
(II) IF THE VIOLATION IS A REPEAT VIOLATION, A FINE NOT
EXCEEDING $1,000.
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