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Terms Used In Maryland Code, CRIMINAL LAW 10-127

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • County: means a county of the State or Baltimore City. See
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
(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.