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Session Laws, 2002
Volume 800, Page 1334   View pdf image
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Ch. 109 2002 LAWS OF MARYLAND
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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Session Laws, 2002
Volume 800, Page 1334   View pdf image
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