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§ 3-8A-18. Adjudicatory hearings

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2018

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: October 1, 2018
MD Code, Courts and Judicial Proceedings, § 3-8A-18
§ 3-8A-18. Adjudicatory hearings
Currentness
Application of section
(a) The provisions of this section do not apply to a peace order request or a peace order proceeding.
In general
(b) After a petition or citation has been filed with the court under this subtitle, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing.
Allegations that child has committed delinquent act
(c)(1) Before a child is adjudicated delinquent, the allegations in the petition that the child has committed a delinquent act must be proved beyond a reasonable doubt.
(2) Before a child is found to have committed the violation charged in a citation, the allegations in the citation must be proved beyond a reasonable doubt.
Allegations against adults
(d) If an adult is charged under this subtitle, the allegations must be proved beyond a reasonable doubt.
Allegations in other cases under subtitle
(e) In all other cases under this subtitle the allegations must be proved by a preponderance of the evidence.
Issuance of a body attachment for a witness
(f) A court may issue a body attachment for witnesses as provided by Maryland Rule 4-267, if:
(1) The witness is at least 18 years old; and
(2) The case was transferred to the court under § 4-202 of the Criminal Procedure Article.

Credits

Added as Courts and Judicial Proceedings § 3-819 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, c. 554, §§ 1, 3; Acts 1978, c. 814; Acts 1982, c. 844; Acts 2000, c. 404, § 1, eff. Oct. 1, 2000. Renumbered as Courts and Judicial Proceedings § 3-8A-18 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2018, c. 783, § 1, eff. Oct. 1, 2018.
Formerly Art. 26, §§ 70-17, 70-18.
MD Code, Courts and Judicial Proceedings, § 3-8A-18, MD CTS & JUD PRO § 3-8A-18
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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