{"data":{"id":"us-md/md.-code-criminal-procedure-8-301.1","jurisdiction":"us-md","citation":"Md. Code, Criminal Procedure § 8–301.1","heading":"","body":"(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:\n(1) (i) there is newly discovered evidence that:\n1. could not have been discovered by due diligence in time to move for a new trial under Maryland Rule 4–331(c); and\n2. creates a substantial or significant probability that the result would have been different; or\n(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\n(2) the interest of justice and fairness justifies vacating the probation before judgment or conviction.\n(b) A motion filed under this section shall:\n(1) be in writing;\n(2) state in detail the grounds on which the motion is based;\n(3) where applicable, describe the newly discovered evidence; and\n(4) contain or be accompanied by a request for a hearing.\n(c) (1) The State shall notify the defendant in writing of the filing of a motion under this section.\n(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.\n(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.\n(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.\n(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.\n(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.\n(f) (1) In ruling on a motion filed under this section, the court, as the court considers appropriate, may:\n(i) vacate the conviction or probation before judgment and discharge the defendant; or\n(ii) deny the motion.\n(2) The court shall state the reasons for a ruling under this section on the record.\n(g) The State in a proceeding under this section has the burden of proof.\n(h) An appeal may be taken by either party from an order entered under this section.","path":["Article - Criminal Procedure"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp\u0026section=8-301.1","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:17Z","sha256":"16b56607f8a8d60ed636925845599bde98a0fa0b74744832a8460fafadd39af7","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-procedure-8-301","next":"us-md/md.-code-criminal-procedure-8-302"},"notice":"GroundRules: Original legal text. Not legal advice."}