Maryland Code, CRIMINAL LAW 5-807
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Terms Used In Maryland Code, CRIMINAL LAW 5-807
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) (1) The State need not negate an exemption, proviso, or exception set forth in this title in:
(i) a complaint, information, indictment, or other pleading; or
(ii) a trial, hearing, or other proceeding under this title.
(2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit.
(b) (1) In the absence of proof that a person is a registrant or holder of an order form issued under § 5-303(d) of this title, the person is presumed not to be a registrant or holder of a form.
(2) The person has the burden of proof to rebut the presumption.