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§ 3-8A-12. Admission of information or statements as evidence in successive proceedings

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: July 1, 2016

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: July 1, 2016
MD Code, Courts and Judicial Proceedings, § 3-8A-12
§ 3-8A-12. Admission of information or statements as evidence in successive proceedings
Currentness
Discussions or conferences incident to informal adjustment or referral to assessment services
(a) A statement made by a participant while counsel and advice are being given, offered, or sought, in the discussions or conferences incident to an informal adjustment may not be admitted in evidence in any adjudicatory hearing or peace order proceeding or in a criminal proceeding against the participant prior to conviction.
Information or statements made at preliminary or further inquiries
(b) Any information secured or statement made by a participant during a preliminary or further inquiry pursuant to § 3-8A-10 of this subtitle or a study pursuant to § 3-8A-17 of this subtitle may not be admitted in evidence in any adjudicatory hearing or peace order proceeding except on the issue of respondent's competence to participate in the proceedings and responsibility for his conduct as provided in § 3-109 of the Criminal Procedure Article where a petition alleging delinquency has been filed, or in a criminal proceeding prior to conviction.
Statements made at waiver hearings not admissible in criminal proceedings
(c) A statement made by a child, his parents, guardian or custodian at a waiver hearing is not admissible against him or them in criminal proceedings prior to conviction except when the person is charged with perjury, and the statement is relevant to that charge and is otherwise admissible.
Statements made at waiver hearings not admissible in adjudicatory hearings
(d) If jurisdiction is not waived, any statement made by a child, his parents, guardian, or custodian at a waiver hearing may not be admitted in evidence in any adjudicatory hearing unless a delinquent offense of perjury is alleged, and the statement is relevant to that charge and is otherwise admissible.

Credits

Added as Courts and Judicial Proceedings § 3-811 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 691, § 8; Acts 1975, c. 554, §§ 1, 3; Acts 1978, c. 814; Acts 1982, c. 770, § 4; Acts 1987, c. 11, § 1; Acts 2000, c. 404, § 1, eff. Oct. 1, 2000; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001. Renumbered as Courts and Judicial Proceedings § 3-8A-12 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2005, c. 601, § 1, eff. July 1, 2006.
Formerly Art. 26, §§ 70-7, 70-8, 70-16.
MD Code, Courts and Judicial Proceedings, § 3-8A-12, MD CTS & JUD PRO § 3-8A-12
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.
End of Document