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 Howard County
 Code of Ordinances
 Title 24. CIVIL PENALTIES
 SubTitle 1. CIVIL FINES AND PROCEDURES

  § 24.110. Manner of prosecution.  

Latest version.

  • In a proceeding before the district court under this subtitle:

    I.

    Burden of Proof Evidentiary Standards:

    (a)

    Burden. It shall be the burden of the County to prove by a preponderance of the evidence that the defendant committed the violation, except in zoning violations where it shall be the burden of the County to prove by clear and convincing evidence that the defendant committed the violation.

    II.

    Right to Counsel:

    A defendant may be represented by a counsel of his/her own selection at his/her own expense.

    III.

    Notify Defendant of Charges:

    The court shall ensure that the defendant has received a copy of the charges and that he/she understands those charges.

    IV.

    Pleas; Cross-Examination; Witnesses:

    (a)

    Plea:

    A defendant may enter a plea of guilty or not guilty.

    (b)

    Witnesses:

    The defendant may testify on his/her own behalf. The defendant may produce evidence and witnesses in his/her own behalf.

    (c)

    Cross-examinations:

    The defendant may cross-examine witnesses who appear against the defendant.

    V.

    Verdict of Court:

    The court shall give a verdict of guilty or not guilty of a County violation or the court may, before judgment, place the defendant on probation as the law permits in the trial of a criminal case.

    VI.

    Fine:

    The court may, at its discretion, suspend or defer the payment of any fine it imposes and may set conditions for the suspension or deferral.

    VII.

    Failure to Pay Fine:

    If a defendant willfully fails to pay the fine imposed by the court, the willful failure may be treated as a criminal contempt of court punishable by the court as is provided by law.

    VIII.

    Right to File Motion:

    A defendant who has been found guilty of a County violation has the same rights to file a motion for a new trial or a motion for a revision of a judgment as law or rule provides in the trial of a criminal case. The motions shall be made in the same manner as is now provided in the trial of criminal cases.

    IX.

    Court Costs:

    If the district court finds that a person has committed a civil violation, the person shall also be liable for the court costs of the proceedings in district court. A defendant shall not be liable for payment to the criminal injury compensation fund.

(C.B. 31, 1985; C.B. 62, 2003, § 1)