Section 10-127 - Procedure. - Maryland Statutes

§ 10-127. Procedure.
 

(a)  In general.- 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)  Suspension of fine.- 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)  Failure to pay.- 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)  Appeal.- 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)  Authority of State's Attorney.- 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. 
 

[2002, chs. 108, 109.]