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§ 8-301.1. State’s motion to vacate probation before judgment or conviction

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2019

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 8. Other Postconviction Review (Refs & Annos)
Subtitle 3. Newly Discovered Evidence (Refs & Annos)
Effective: October 1, 2019
MD Code, Criminal Procedure, § 8-301.1
§ 8-301.1. State’s motion to vacate probation before judgment or conviction
Currentness
Grounds for motion to vacate
(a) On a motion of the State, at any time after the entry of a probation before judgment or judgment of conviction in a criminal case, the court with jurisdiction over the case may vacate the probation before judgment or conviction on the ground that:
(1)(i) there is newly discovered evidence that:
1. could not have been discovered by due diligence in time to move for a new trial under Maryland Rule 4-331(c); and
2. creates a substantial or significant probability that the result would have been different; or
(ii) the State's Attorney received new information after the entry of a probation before judgment or judgment of conviction that calls into question the integrity of the probation before judgment or conviction; and
(2) the interest of justice and fairness justifies vacating the probation before judgment or conviction.
Form and contents of motion
(b) A motion filed under this section shall:
(1) be in writing;
(2) state in detail the grounds on which the motion is based;
(3) where applicable, describe the newly discovered evidence; and
(4) contain or be accompanied by a request for a hearing.
Notify defendant
(c)(1) The State shall notify the defendant in writing of the filing of a motion under this section.
(2) The defendant may file a response to the motion within 30 days after receipt of the notice required under this subsection or within the period of time that the court orders.
Notify victim or victim's representative
(d)(1) Before a hearing on a motion filed under this section, the victim or victim's representative shall be notified, as provided under § 11-104 or § 11-503 of this article.
(2) A victim or victim's representative has the right to attend a hearing on a motion filed under this section, as provided under § 11-102 of this article.
Hearing on motion or dismissal of motion
(e)(1) Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (b) of this section.
(2) The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.
Ruling on motion
(f)(1) In ruling on a motion filed under this section, the court, as the court considers appropriate, may:
(i) vacate the conviction or probation before judgment and discharge the defendant; or
(ii) deny the motion.
(2) The court shall state the reasons for a ruling under this section on the record.
Burden of proof
(g) The State in a proceeding under this section has the burden of proof.
Appeal
(h) An appeal may be taken by either party from an order entered under this section.

Credits

Added by Acts 2019, c. 702, § 1, eff. Oct. 1, 2019.
MD Code, Criminal Procedure, § 8-301.1, MD CRIM PROC § 8-301.1
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