8-108 First hearing | Frederick Municipal Code

Sec. 8-108. First hearing.

(a) If the defendant has not previously acknowledged guilt or liability and satisfied the judgment, he or she shall appear before the court at the time scheduled for first hearing.

(b) The defendant may appear in person or by counsel, who shall enter appearance in the case; provided, however, that if an admission of guilt or liability is entered, the court may require the presence of the defendant for the assessment of the penalty.

(1) The nature of the infractions alleged in the charging document;

(2) The penalty, any fees and costs that may be assessed, and the penalty points that may be assessed against the driving privilege;

(3) The consequences of the failure to appear at any subsequent hearing including entry of judgment against the defendant and reporting the judgment to the State Motor Vehicle Division, which may assess points against the driving privilege and may deny an application for a driver’s license;

(4) The right to be represented by an attorney at the defendant’s expense;

(5) The right to remain silent, because any statement made by the defendant may be used against him or her;

(6) Guilt or liability must be proven beyond a reasonable doubt;

(7) The right to testify, subpoena witnesses, present evidence and cross-examine any witnesses for the State;

(8) Any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and

(9) An admission of guilt or liability constitutes a waiver of the foregoing rights and any right to appeal.

(d) The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.

(e) If the defendant admits guilt or liability, the court shall enter judgment and assess the appropriate penalty and the fees and costs after determining that the defendant understood the matters set forth in Section 8-108, and has made a voluntary, knowing and intelligent waiver of rights.

(f) If the defendant denies the allegations, the matter shall be set for final hearing, and the defendant, the prosecuting attorney’s office and the charging officer shall be notified. (Ord. 381 § 1, 1977)