Md. Code, Criminal Procedure, Title 13

Md. Code, Criminal Procedure, Title 13
in effect

Md. Code, Criminal Procedure § 13-101

(a) In this subtitle the following words have the meanings indicated. (b) “Final disposition” includes an acquittal, dismissal, nolle prosequi, finding of guilty, probation before judgment, plea of guilty or of nolo contendere, marking the charge “stet” on the docket, and an order of an appellate court ending a criminal case. (c) “Financial authority” means: (1) if the seizing authority is the State, the State Treasurer; (2) if the seizing authority is a unit of a county, the treasurer or director of finance of that county; or (3) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.

Md. Code, Criminal Procedure § 13-102

(a) Money is prima facie contraband if a law enforcement officer in the State seizes the money in connection with an arrest for: (1) unlawfully playing or operating a bookmaking scheme; (2) unlawfully betting on a horse race, athletic event, lottery, or game; or (3) using an unlawful gaming table or gaming device. (b) (1) For purposes of this subsection, the Police Department of Baltimore City is not a State authority. (2) All rights in, title to, and interest in money seized under subsection (a) of this section shall immediately vest in and to: (i) the county or the municipal corporation, if the money is seized by the police of the local government, including a sheriff’s department that is the local law enforcement unit; or (ii) the State, if the money is seized by a State authority.

Md. Code, Criminal Procedure § 13-103

(a) The seizing authority that seizes money that is contraband shall immediately: (1) photograph the money and record the quantity of each denomination of coin or currency seized; and (2) deposit the money to the account of the financial authority. (b) A photograph taken under subsection (a) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.

Md. Code, Criminal Procedure § 13-104

Pending final disposition, the financial authority shall account for and deposit seized money in an interest–bearing bank account or invest the seized money in accordance with Title 17 of the Local Government Article.

Md. Code, Criminal Procedure § 13-105

(a) (1) Each application for the forfeiture of contraband shall be by complaint and shall be filed in the District Court or circuit court of the county in which the contraband was seized. (2) The complaint shall be served in accordance with Maryland Rule 2-121 or 3-121(a), or if service of process is unable to be made and the summons is returned non est, substitute service may be made in accordance with Maryland Rule 2-122 or 3-121(b) or (c). (b) (1) If a conviction, including a plea of guilty or plea of nolo contendere, is entered against a person arrested in connection with the seizure of the money, the financial authority shall apply to the District Court or circuit court for an order forfeiting the money to the jurisdiction that the financial authority serves. (2) The financial authority shall apply for the order within 90 days after entry of the conviction or plea, unless the case is appealed. (c) Before ordering a forfeiture of the money, the court must be satisfied that no undetermined proceeding to recover the money is pending in court against the financial authority.

Md. Code, Criminal Procedure § 13-106

(a) Seized money may be returned only as provided in this section. (b) Subject to subsection (c) of this section, on a final disposition a claimant may ask the appropriate court for a determination that the money is the property of the claimant and an order that the money be returned. (c) A claimant under subsection (b) of this section must: (1) apply within 1 year after the judgment or order was entered or the final disposition was taken; and (2) give written notice to the financial authority at least 10 days before filing the complaint.

Md. Code, Criminal Procedure § 13-107

(a) In a proceeding on a complaint for a return of money, an acquittal, dismissal, or nolle prosequi with respect to the gambling charges or indictments involved in the seizure of the money is prima facie evidence that the money is not contraband. (b) A conviction, plea of guilty or of nolo contendere, or probation under § 6-220 of this article is prima facie evidence that the money is contraband. (c) Marking a charge “stet” on the docket does not create any presumption as to whether money is contraband.

Md. Code, Criminal Procedure § 13-108

(a) Subject to subsection (b) of this section, if a complaint is not timely and properly filed or if the action is finally decided against the claimant, the seized money not disposed of shall be forfeited to the custodian without further judicial action. (b) For the seized money to be forfeited, timely notice must be given by certified mail or other appropriate means to any known claimants, at their last known addresses, of the requirements of this section for making claim for the return of seized money.

Md. Code, Criminal Procedure § 13-201

The following property is subject to seizure and forfeiture: (1) a handgun worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article or sold, rented, transferred, or possessed in violation of § 5-103, § 5-104, § 5-118, § 5-119, § 5-120, § 5-121, § 5-122, § 5-123, § 5-124, § 5-125, § 5-126, § 5-127, § 5-128, § 5-129, § 5-133(a), (b), and (d), § 5-134, or § 5-136 of the Public Safety Article; and (2) ammunition, handgun parts, or handgun appurtenances that are: (i) worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article; or (ii) found in the immediate vicinity of a handgun worn, carried, or transported in violation of § 4-203 or § 4-204 of the Criminal Law Article.

Md. Code, Criminal Procedure § 13-202

(a) An authorized law enforcement officer may seize property listed under § 13-201 of this subtitle as an incident to an arrest or search and seizure. (b) An officer who seizes property under this section shall place the property under seal or remove the property to a location designated by the Department of State Police or by the law enforcement unit having jurisdiction in the locality.

Md. Code, Criminal Procedure § 13-203

(a) (1) By an appropriate inquiry and investigation, the seizing authority shall attempt to identify and locate the owner of a handgun that is seized. (2) If the owner is a resident of the State, the seizing authority may return the handgun to the owner. (3) If the owner of the handgun is not a resident of the State, the seizing authority shall send the handgun for disposition to the appropriate law enforcement unit where the owner is a resident if the handgun: (i) is not needed for investigation or evidence; or (ii) is not disposed of under subsection (b) of this section. (b) (1) If the seizing authority under subsection (a) of this section does not return the handgun to its owner, the seizing authority shall promptly notify the owner that the owner may apply within 30 days to the seizing authority for a review to determine whether the owner knew or should have known that the handgun was worn, carried, transported, or used in violation of § 4-203 or § 4-204 of the Criminal Law Article, and whether the owner is qualified to possess the handgun. (2) Qualification for possession of a handgun is the same as for sale or transfer of a handgun under §§ 5-103, 5-104, 5-118, 5-119, 5-120, 5-121, 5-122, 5-123, 5-124, 5-125, 5-126, and 5-127 of the Public Safety Article. (c) A person who knowingly gives false information or makes a material misstatement in an application for review or an investigation relating to an application is subject to the penalties under § 5-139 of the Public Safety Article.

Md. Code, Criminal Procedure § 13-204

(a) (1) On timely receipt of an application, the seizing authority shall hold an informal review to determine whether the owner knew or should have known of the use or intended use of a handgun that is seized in violation of § 4-203 or § 4-204 of the Criminal Law Article. (2) The review is not subject to the Administrative Procedure Act. (b) (1) Subject to paragraph (2) of this subsection, the handgun that is seized shall be released to the owner if the seizing authority decides in favor of the owner and the owner is qualified to possess the handgun. (2) If the handgun is needed as evidence in a criminal case or investigation, the handgun shall be promptly returned when the case or investigation ends. (c) (1) After review, if the seizing authority determines that the handgun should be forfeited to the State, the owner shall be notified at the owner’s last known address. (2) Within 30 days after notification, the owner may ask the appropriate District Court for release of the handgun. (3) The State’s Attorney shall represent the State in the action. (4) The District Court shall hear the matter and grant proper relief in accordance with this subtitle.

Md. Code, Criminal Procedure § 13-205

(a) (1) In a proceeding in a criminal cause involving a seized handgun, a court may order forfeiture or release of the seized handgun in accordance with this subsection. (2) A person who has made a written claim of ownership of a handgun to the seizing authority or the State’s Attorney shall be notified of the proceeding and of the claimant’s right to present the claim at the proceeding. (3) A claimant who has completed the review procedure provided for by this subtitle is not entitled to a second review under this subsection. (b) If a timely application for a review or a complaint to the court under § 13-204 of this subtitle does not occur, and an order for release under subsection (a) of this section is not issued, the handgun shall be: (1) forfeited to the State without further proceedings; and (2) destroyed by the seizing authority or disposed of in accordance with § 13-206 of this subtitle. (c) If an owner of a seized handgun is not identified and located, the handgun is forfeited to the State without further proceedings.

Md. Code, Criminal Procedure § 13-206

(a) Whenever property is forfeited under this subtitle, the law enforcement unit that sought forfeiture of the property may only: (1) order the property retained for the official use of the law enforcement unit; (2) destroy the forfeited property; or (3) sell, exchange, or transfer the forfeited property to another law enforcement unit for official use by that unit. (b) Within 30 days after disposing of forfeited property, a law enforcement unit shall send to the Secretary of State Police: (1) a description of the property forfeited; (2) the type of disposition made; and (3) the identity of the person to whom the property was transferred for disposal, retention, or official use.

Md. Code, Criminal Procedure § 13-301

(a) This section does not apply to a vehicle unless the owner authorized or allowed the vehicle to be used or employed in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article. (b) In addition to any other penalty provided for a violation of Title 11, Subtitle 1 of the Public Safety Article, if a person on whom a penalty is imposed under § 11-116 of the Public Safety Article uses or employs a motor vehicle, other vehicle, vessel, or aircraft in concealing, conveying, or transporting explosives during the course of a violation of Title 11, Subtitle 1 of the Public Safety Article, the court on conviction of the person shall order the motor vehicle, other vehicle, vessel, or aircraft to be forfeited to the State or a county, based on which jurisdiction initiated the investigation. (c) If a court orders forfeiture under subsection (b) of this section, the interest transferred to the State or county is subordinate to the holder of a perfected security interest in the motor vehicle, other vehicle, vessel, or aircraft. (d) (1) After discharging any perfected security interest in a forfeited motor vehicle, other vehicle, vessel, or aircraft, the Secretary of State Police or the local governing body of a county may: (i) use the forfeited motor vehicle, other vehicle, vessel, or aircraft for public purposes; or (ii) sell, exchange, or convey the forfeited motor vehicle, other vehicle, vessel, or aircraft. (2) Any money received from the sale, exchange, or conveyance shall be deposited in the General Fund of the State or county.

Md. Code, Criminal Procedure § 13-401

(a) In this subtitle the following words have the meanings indicated. (b) “Forfeiting authority” has the meaning stated in § 12–101 of this article. (c) “Governing body” has the meaning stated in § 12–101 of this article. (d) “Lienholder” has the meaning stated in § 12–101 of this article. (e) “Mortgage Fraud law” means the Maryland Mortgage Fraud Protection Act, Title 7, Subtitle 4 of the Real Property Article. (f) “Owner” has the meaning stated in § 12–101 of this article. (g) “Proceeds” includes property derived directly or indirectly in connection with or as a result of a violation of the Mortgage Fraud law. (h) (1) “Property” includes: (i) real property and anything growing on or attached to real property; (ii) personal property; and (iii) money. (2) “Property” does not include a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that: (i) the lessor participated in a violation of the Mortgage Fraud law; or (ii) the property was the proceeds of a violation of the Mortgage Fraud law. (i) “Seizing authority” has the meaning stated in § 12–101 of this article.

Md. Code, Criminal Procedure § 13-402

The following property is subject to forfeiture: (1) property used or intended for use in the course of a violation of the Mortgage Fraud law; (2) property derived from or realized through a violation of the Mortgage Fraud law; and (3) proceeds of property described in item (1) or (2) of this section.

Md. Code, Criminal Procedure § 13-403

(a) Property or an interest in property may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the Mortgage Fraud law was committed without the owner’s actual knowledge. (b) (1) Except as provided in paragraph (2) of this subsection, property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the property was convicted of a violation of the Mortgage Fraud law. (2) Without a conviction, a court may order a forfeiture of property used as the principal family residence if the owner of the family residence: (i) fails to appear for a required court appearance; and (ii) fails to surrender to the jurisdiction of the court within 180 days after the required court appearance. (c) Property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless: (1) the property was used in connection with: (i) a violation of the Mortgage Fraud law; or (ii) an attempt or conspiracy to violate the Mortgage Fraud law; and (2) both the husband and wife are convicted of: (i) a violation of the Mortgage Fraud law; or (ii) an attempt or conspiracy to violate the Mortgage Fraud law.

Md. Code, Criminal Procedure § 13-404

(a) Except as provided in subsection (b) of this section, property subject to forfeiture under this subtitle may be seized in accordance with the procedures set forth in §§ 12–202, 12–203, and 12–208 through 12–211 of this article. (b) The probable cause required under § 12–202(a)(2)(v) of this article is probable cause to believe that the property has been used or is intended to be used in violation of the Mortgage Fraud law.

Md. Code, Criminal Procedure § 13-405

(a) Except as provided in subsection (b) of this section, forfeiture of property under this subtitle shall be conducted in accordance with the procedures set forth in §§ 12–301 through 12–308 of this article. (b) The allegation required under § 12–305(a)(7) of this article refers to the Mortgage Fraud law rather than the Controlled Dangerous Substances law.

Md. Code, Criminal Procedure § 13-406

(a) Except as provided in subsections (e) and (f) of this section and § 12–403(c) of this article, an owner’s interest in real property may be forfeited if the real property was used in connection with a violation of the Mortgage Fraud law. (b) Forfeiture proceedings for real property may be brought in the jurisdiction where: (1) the criminal charges are pending; (2) the owner resides; or (3) the real property is located. (c) (1) If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the real property is located. (2) A notice of pending litigation required under this subsection shall include at least: (i) the name and address of the owner of the real property; (ii) a description of the real property; and (iii) a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation. (d) If an owner of real property used as the principal family residence is convicted under the Mortgage Fraud law and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 12–403(c) of this article or subsection (f) of this section against the real property during the pendency of the appeal. (e) (1) Except as provided in subsection (f) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that: (i) the person has violated the Mortgage Fraud law; (ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and (iii) there was no other likely source for the property. (2) A claimant of the property has the burden of proof to rebut the presumption established under paragraph (1) of this subsection. (f) Real property used as the principal family residence may not be forfeited under subsection (e) of this section unless: (1) an owner of the real property was convicted under subsection (e)(1) of this section; or (2) the real property is covered by § 13–403(b)(2) of this subtitle.

Md. Code, Criminal Procedure § 13-407

(a) Except as provided in this section, disposition of property after forfeiture under this subtitle shall be subject to §§ 12–401, 12–402, and 12–404 of this article. (b) The court determination under § 12–402(c) of this article shall include that the property was being used or was to be used in violation of the Mortgage Fraud law rather than the Controlled Dangerous Substances law. (c) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Identifiable losses” include: 1. expenses necessary to: A. discover the extent of a violation of the Mortgage Fraud law; B. repair damages resulting from a violation of the Mortgage Fraud law, including repairing credit ratings and correcting errors in consumer reports; and C. prevent further damages resulting from a violation of the Mortgage Fraud law; and 2. lost wages resulting from time away from work in order to rectify any fraud caused by a violation of the Mortgage Fraud law. (iii) “Victim” includes a business that loses any thing of value as a result of a violation of the Mortgage Fraud law. (2) Disposition of forfeited property under this subtitle shall follow the procedures in this subsection. (3) Whenever property is forfeited under this subtitle, the governing body where the property was seized shall sell the property at public auction. (4) The proceeds of a sale under this subsection shall be distributed as follows: (i) first, to pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs; (ii) second, for restitution as ordered by the court to victims to pay for identifiable losses resulting from the violation of the Mortgage Fraud law; and (iii) finally, to the General Fund of the State.

Md. Code, Criminal Procedure § 13-501

(a) In this subtitle the following words have the meanings indicated. (b) “Chief executive officer” means: (1) for Baltimore City, the Mayor; (2) for a charter county, the county executive or, if there is no county executive, the county council; (3) for a code county, the county commissioners; (4) for a commission county, the county commissioners; or (5) for a municipal corporation, the legislative body established by municipal charter. (c) “Convicted” means found guilty. (d) “Final disposition” means dismissal, entry of a nolle prosequi, marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, pronouncement of sentence, or imposition of probation under § 6–220 of this article. (e) “Forfeiting authority” means: (1) the unit or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or (2) if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General’s designee designates by agreement with a State’s Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State. (f) “Governing body” includes: (1) the State, if the seizing authority is a unit of the State; (2) a county, if the seizing authority is a unit of a county; (3) a municipal corporation, if the seizing authority is a unit of a municipality; and (4) Baltimore City, if the seizing authority is the Baltimore Police Department. (g) “Human trafficking law” means § 3–324, § 3–1102, § 3–1103, § 11–207, § 11–304, and § 11–305 of the Criminal Law Article. (h) “Lien” includes a mortgage, a deed of trust, a pledge, a security interest, an encumbrance, and a right of setoff. (i) “Lienholder” means a person who has a lien or a secured interest on property created before the seizure. (j) “Local financial authority” means: (1) if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or (2) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of the municipal corporation. (k) (1) “Owner” means a person having a legal, equitable, or possessory interest in property. (2) “Owner” includes: (i) a co–owner; (ii) a life tenant; (iii) a remainderman to a life tenancy in real property; (iv) a holder of an inchoate interest in real property; and (v) a bona fide purchaser for value. (l) “Proceeds” means profits derived from a violation of the human trafficking law or property obtained directly or indirectly from those profits. (m) (1) “Property” includes: (i) real property and anything growing on or attached to real property; (ii) motor vehicles; and (iii) money. (2) “Property” does not include: (i) an item unlawfully in the possession of a person other than the owner when used in connection with a violation of the human trafficking law; or (ii) a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a violation of the human trafficking law or that the property was the proceeds of a violation of the human trafficking law. (n) (1) “Real property” means land or an improvement to land. (2) “Real property” includes: (i) a leasehold or any other limited interest in property; (ii) an easement; and (iii) a reversionary interest in a 99–year ground lease renewable forever. (o) “Seizing authority” means a law enforcement unit in the State that is authorized to investigate violations of the human trafficking law and that has seized property under this subtitle.

Md. Code, Criminal Procedure § 13-502

The following are subject to forfeiture: (1) except as provided in § 13–503 of this subtitle, a motor vehicle used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article; (2) money used in connection with a violation of and conviction under the human trafficking law, found in close proximity to or at the scene of the arrest for a violation of the human trafficking law; and (3) except as provided in § 13–503 of this subtitle, real property used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article.

Md. Code, Criminal Procedure § 13-503

(a) Property or an interest in property described in § 13–502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge. (b) (1) A motor vehicle for hire in the transaction of business as a common carrier or a motor vehicle for hire may not be seized or forfeited under this subtitle unless it appears that the owner or other person in charge of the motor vehicle was a consenting party or privy to a violation of the human trafficking law. (2) A motor vehicle may not be forfeited under this subtitle for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the motor vehicle in criminal violation of federal law or the law of any state. (c) Subject to subsection (d) of this section, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article. (d) Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless: (1) the property was used in connection with a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or with an attempt or a conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article; and (2) both the husband and wife are convicted of a violation of § 3–1102 or § 3–1103 of the Criminal Law Article or of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article.

Md. Code, Criminal Procedure § 13-504

Personal property subject to forfeiture under this subtitle may be seized: (1) on a warrant issued by a court that has jurisdiction over the property; and (2) without a warrant when: (i) the seizure is incident to an arrest or a search under a search warrant; (ii) the seizure is incident to an inspection under an administrative inspection warrant; (iii) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this subtitle; or (iv) there is probable cause to believe that the property is directly or indirectly dangerous to health or safety.

Md. Code, Criminal Procedure § 13-505

(a) A seizing authority that seizes money under this subtitle immediately shall: (1) photograph the money and record the quantity of each denomination of coin or currency seized; and (2) deposit the money to the account of the appropriate local financial authority. (b) A photograph taken under subsection (a) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.

Md. Code, Criminal Procedure § 13-506

(a) Property seized under this subtitle: (1) is not repleviable; but (2) is in the custody of the seizing authority, subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over the property. (b) A seizing authority may place seized property under seal and remove the property to a place designated by the court.

Md. Code, Criminal Procedure § 13-507

(a) A seizing authority may seize a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article and recommend forfeiture to the forfeiting authority if the total circumstances of the case as listed in subsection (b) of this section dictate that seizure and forfeiture are justified. (b) Circumstances to be considered in deciding whether seizure and forfeiture are justified include: (1) evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a violation of § 3–1102 or § 3–1103 of the Criminal Law Article; (2) the circumstances of the arrest; and (3) the way in which the motor vehicle was used.

Md. Code, Criminal Procedure § 13-508

(a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article may recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer: (1) determines from the records of the Motor Vehicle Administration the names and addresses of all registered owners and secured parties as defined in the Code; (2) personally reviews the facts and circumstances of the seizure; and (3) personally determines, according to the standards listed in § 13–507 of this subtitle, and represents in writing that forfeiture is warranted. (b) A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of subsection (a) of this section is admissible in evidence in a proceeding under this subtitle.

Md. Code, Criminal Procedure § 13-509

(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that the total circumstances of the case as listed under § 13–507(b) of this subtitle do not justify forfeiture. (b) In a proceeding under this subtitle, the court may determine, based on the circumstances listed in § 13–507(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous: (1) in recommending the forfeiture of a motor vehicle; or (2) in not surrendering on request a motor vehicle to an owner.

Md. Code, Criminal Procedure § 13-510

(a) (1) Except as provided in §§ 13–512 and 13–513 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court. (2) If forfeiture proceedings have begun, the proper court is the court where the proceedings have begun. (3) If criminal proceedings have begun but forfeiture proceedings have not begun, the proper court is the court where the criminal proceedings have begun. (4) If both forfeiture proceedings and criminal proceedings have not begun, the proper court is the circuit court for the county where the property was seized. (b) (1) Unless the forfeiting authority and the owner agree to a bond in another amount, if a motor vehicle is not needed for evidentiary purposes in a judicial proceeding: (i) the court shall appraise the value of the motor vehicle on the basis of the average value of the motor vehicle set forth in the National Automobile Dealers Association official used car guide; or (ii) if the owner shows that a lien is on the motor vehicle and the owner agrees to make the required payments to the lienholder, the court shall require a bond in an amount of the average value of the motor vehicle set forth in the National Automobile Dealers Association official used car guide, less the amount owed on the lien. (2) For a motor vehicle, the court shall appraise the value in the manner provided in this subsection and provide the appraisal in writing to the clerk of the court. (c) (1) If property other than a motor vehicle is not needed for evidentiary purposes in a judicial proceeding, the clerk shall obtain an independent appraisal of the value of the property. (2) The sheriff or other person responsible for an appraisal under this subsection shall promptly: (i) inspect and appraise the value of the property; and (ii) return the appraisal in writing under oath to the clerk of the court. (d) Notice of the appraisal shall be sent to all lienholders shown in the records required by law for notice or the perfection of the lien. (e) (1) On the filing of an appraisal, the owner may give bond payable to the clerk of the court in an amount equal to the greater of: (i) the appraised value of the property plus any accrued costs; or (ii) the aggregate amount of the liens on the property that are shown in the records required by law for the notice or perfection of liens. (2) A person may give a bond under this subsection by cash, through a surety, through a lien on real property, or by other means that the clerk approves. (3) A bond authorized under this subsection: (i) shall be conditioned for performance on final judgment by the court; (ii) shall be filed in the District Court or circuit court where the criminal action that gave rise to the seizure is pending; and (iii) unless a complaint for forfeiture has been filed, shall be part of the same criminal proceeding. (4) If a criminal action is not pending or a forfeiture complaint has not been filed, the bond shall be filed in the circuit court or District Court where the property was seized. (f) (1) If the court orders that property or an interest or equity in the property or proceeds be forfeited under this subtitle, the court shall enter judgment in the amount of the bond against the obligors on the bond without further proceedings. (2) Payment of the amount of the bond shall be applied as provided under § 13–528(c)(3) of this subtitle.

Md. Code, Criminal Procedure § 13-511

Seizure of real property occurs on the earlier of the filing: (1) of a complaint for forfeiture under this subtitle; or (2) of a notice of pending litigation in the circuit court of the county where the real property is located.

Md. Code, Criminal Procedure § 13-512

(a) Subject to the rights of a lienholder to sell the real property, an owner or an owner’s tenant may remain in possession of seized real property until forfeiture is ordered. (b) The forfeiting authority may apply to the court for the appointment of a receiver to apply income from income–producing property. (c) If a person who is an owner or an owner’s tenant remains in possession of the real property and the person’s interest in the real property is forfeited, the person immediately shall surrender the real property to the seizing authority in substantially the same condition as when seized.

Md. Code, Criminal Procedure § 13-513

(a) This section does not apply if: (1) an act is agreed to by a forfeiting authority or is ordered by the court; or (2) an owner posts a bond under § 13–510 of this subtitle. (b) Until the court enters judgment in favor of the owner, an owner may not attempt: (1) to convey or encumber an interest in seized real property; or (2) to remove a building or fixture on seized real property.

Md. Code, Criminal Procedure § 13-514

Except as provided in § 13–517(c) of this subtitle, if property is seized under § 13–504(2)(iv) of this subtitle because there is probable cause to believe that the property is directly or indirectly dangerous to health or safety and that the property was or will be used to violate § 3–1102 or § 3–1103 of the Criminal Law Article, forfeiture proceedings under this subtitle shall be filed promptly.

Md. Code, Criminal Procedure § 13-515

Except as provided in § 13–516 of this subtitle, the appropriate forfeiting authority shall file proceedings under this subtitle in the circuit court.

Md. Code, Criminal Procedure § 13-516

(a) To apply for the forfeiture of money, the appropriate local financial authority or the Attorney General shall file a complaint and affidavit in the District Court or the circuit court for the county in which the money was seized. (b) The complaint and affidavit shall be served in accordance with the Maryland Rules of Procedure.

Md. Code, Criminal Procedure § 13-517

(a) Except as provided under subsections (b) and (c) of this section, a complaint seeking forfeiture shall be filed within the earlier of: (1) 90 days after the seizure; or (2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture. (b) A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized. (c) (1) A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the human trafficking law. (2) If the State or a political subdivision does not file proceedings about money within the 90–day period, the money seized under this subtitle shall be returned to the owner on request by the owner. (3) If the owner fails to ask for the return of the money within 1 year after the final disposition of criminal proceedings, the money shall revert to: (i) the political subdivision in which the money was seized; or (ii) the State, if the money was seized by State authorities.

Md. Code, Criminal Procedure § 13-518

(a) A complaint seeking forfeiture shall contain: (1) a description of the property seized; (2) the date and place of the seizure; (3) the name of the owner, if known; (4) the name of the person in possession, if known; (5) the name of each lienholder, if known or reasonably subject to discovery; (6) an allegation that the property is subject to forfeiture; (7) if the forfeiting authority seeks to forfeit a lienholder’s interest in property, an allegation that the lien was created with actual knowledge that the property was being or was to be used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article; (8) a statement of the facts and circumstances surrounding the seizure; (9) a statement setting forth the specific grounds for forfeiture; and (10) an oath or affirmation by the forfeiting authority that the contents of the complaint are true to the best of the forfeiting authority’s knowledge, information, and belief. (b) Within 20 days after the filing of the complaint, copies of the summons and complaint shall be sent by certified mail requesting “restricted delivery – show to whom, date, address of delivery” and first–class mail to all known owners and lienholders whose identities are reasonably subject to discovery, including all real property owners and lienholders shown in the records required by law for notice or perfection of the lien.

Md. Code, Criminal Procedure § 13-519

(a) A notice shall be signed by the clerk of the court and shall: (1) include the caption of the case; (2) describe the substance of the complaint and the relief sought; (3) state the latest date on which a response may be filed; (4) state that the property shall be forfeited if a response is not filed on time; (5) state that the owner of the property may have possession of the property pending forfeiture by posting a bond as provided in § 13–510 of this subtitle; and (6) tell where to file a response and whom to contact for more information concerning the forfeiture. (b) Within 20 days after the filing of the complaint, the notice shall be: (1) posted by the sheriff on the door of the courthouse where the action is pending or on a bulletin board within the immediate vicinity of the door; (2) posted by the sheriff in a conspicuous place on the land, if forfeiture of real property is sought; and (3) published at least once a week in each of 3 successive weeks in a newspaper of general circulation published in the county in which the action is pending, unless the property is a boat or motor vehicle.

Md. Code, Criminal Procedure § 13-520

The answer to a complaint shall: (1) comply with the Maryland Rules; (2) state the nature and extent of the person’s right in, title to, or interest in the property; (3) state how and when the person acquired a right in, title to, or interest in the property; and (4) contain a request for relief and a request for a prompt hearing.

Md. Code, Criminal Procedure § 13-521

(a) If an answer has been filed on time, the court shall set a hearing on the forfeiture claim within 60 days after the later of: (1) posting of notice under § 13–519(b)(1) or (2) of this subtitle; or (2) final publication of notice under § 13–519(b)(3) of this subtitle. (b) Without a hearing, the court may order forfeiture of the property interest of a person who fails to timely file an answer.

Md. Code, Criminal Procedure § 13-522

Except as provided in §§ 13–503 and 13–524 of this subtitle, an owner’s interest in real property may be forfeited if the owner of the real property is convicted of violating § 3–1102 or § 3–1103 of the Criminal Law Article or attempting or conspiring to violate § 3–1102 or § 3–1103 of the Criminal Law Article.

Md. Code, Criminal Procedure § 13-523

(a) Forfeiture proceedings for real property may be brought in the jurisdiction where: (1) the criminal charges are pending; (2) the owner resides; or (3) the real property is located. (b) (1) If forfeiture proceedings for real property are brought in a jurisdiction other than where the real property is located, a notice of pending litigation shall be filed in the jurisdiction where the property is located. (2) A notice of pending litigation required under this subsection shall include at least: (i) the name and address of the owner of the real property; (ii) a description of the real property; and (iii) a description of the reasons for the filing of the forfeiture proceedings and notice of pending litigation.

Md. Code, Criminal Procedure § 13-524

If an owner of real property used as the principal family residence is convicted under § 3–1102 or § 3–1103 of the Criminal Law Article or is convicted of an attempt or conspiracy to violate § 3–1102 or § 3–1103 of the Criminal Law Article and the owner files an appeal of the conviction, the court shall stay forfeiture proceedings under § 13–503 of this subtitle against the real property during the pendency of the appeal.

Md. Code, Criminal Procedure § 13-525

(a) (1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that: (i) the person was convicted of violating § 3–1102 or § 3–1103 of the Criminal Law Article or attempting or conspiring to violate § 3–1102 or § 3–1103 of the Criminal Law Article; (ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and (iii) there was no other likely source for the property. (2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection. (b) Real property used as the principal family residence may not be forfeited under this section unless: (1) an owner of the real property was convicted of a crime described under subsection (a)(1)(i) of this section; or (2) § 13–503(d) of this subtitle applies.

Md. Code, Criminal Procedure § 13-526

(a) The court may order the forfeiture of other property of the owner up to the value of any property seized under this subtitle, with the exception of real property, if as a result of an act or omission of the owner the property to be forfeited: (1) cannot be located after the exercise of due diligence; (2) has been transferred, sold to or deposited with a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property and cannot be divided without difficulty. (b) The court may order the owner to return property to the jurisdiction of the court.

Md. Code, Criminal Procedure § 13-527

In a proceeding under this subtitle, a court: (1) may grant requests for mitigation or remission of forfeiture or take other action that protects the rights of innocent persons, is consistent with this subtitle, and is in the interest of justice; (2) may resolve claims arising under this subtitle; and (3) may take appropriate measures to safeguard and maintain property forfeited under this subtitle pending the disposition of the property.

Md. Code, Criminal Procedure § 13-528

(a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released. (b) Subject to § 13–529 of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body. (c) (1) If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article, the court shall order that the property be released within 5 days to the first priority lienholder. (2) The lienholder shall sell the property in a commercially reasonable manner. (3) The proceeds of the sale shall be applied as follows: (i) to the court costs of the forfeiture proceeding; (ii) to the balance due the lienholder, including all reasonable costs incident to the sale; (iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and (iv) to the General Fund of the State or of the political subdivision that seized the property.

Md. Code, Criminal Procedure § 13-529

If property is forfeited under this subtitle, the governing body where the property was seized may: (1) keep the property for official use; (2) require an appropriate unit to take custody of the property and destroy or otherwise dispose of it; or (3) sell the property if: (i) the law does not require the property to be destroyed; and (ii) the property is not harmful to the public.

Md. Code, Criminal Procedure § 13-530

(a) The proceeds from a sale or the retention of property declared to be forfeited and any interest accrued shall be applied, first, to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of seizing and maintaining custody of the property and advertising. (b) Any balance remaining after the distribution required under subsection (a) of this section shall be distributed to the General Fund of the State or of the political subdivision that seized the property.

Md. Code, Criminal Procedure § 13-532

(a) Before exercising the right to sell property that has been seized under this subtitle, a lienholder shall give to the forfeiting authority: (1) written notice of the intention to sell; (2) copies of documents giving rise to the lien; and (3) an affidavit under oath by the lienholder: (i) stating that the underlying obligation is in default; and (ii) stating the reasons for the default. (b) On request of the lienholder, the forfeiting authority shall release the property to the lienholder.

Md. Code, Criminal Procedure § 13-533

(a) Except as provided in subsection (b) of this section, the law governing the sale of collateral securing an obligation in default governs a lienholder’s repossession and sale of property that has been seized under this subtitle. (b) A lienholder may not be required to take possession of the property before the sale of the property.

Md. Code, Criminal Procedure § 13-534

(a) Any part of the proceeds from a sale of property that has been seized under this subtitle that would be paid to an owner of the property under the applicable law relating to distribution of proceeds: (1) shall be paid to the seizing authority; and (2) shall be property subject to forfeiture. (b) If an order of forfeiture is not entered, the State shall return to the owner that part of the proceeds and any costs of the forfeiture proceedings paid from the proceeds of the sale.

Md. Code, Criminal Procedure § 13-535

(a) If the interest of the owner in property that has been seized under this subtitle is redeemed, the lienholder shall mail a notice of the redemption to the forfeiting authority within 10 days after the redemption. (b) (1) If property that has been seized under this subtitle has been repossessed or otherwise lawfully taken by the lienholder, the lienholder shall return the property to the seizing authority within 21 days after the redemption. (2) The seizing authority and the forfeiting authority may then proceed with the forfeiture of the property or the proceeds from the sale of the property. (c) Time limitations required under this subtitle for notice and filing of the complaint for forfeiture run from the date of redemption or purchase of the property that has been seized under this subtitle.

Md. Code, Criminal Procedure § 13-536

This subtitle does not prohibit a lienholder from exercising rights under applicable law, including the right to sell property that has been seized under this subtitle, if a default occurs in the obligation giving rise to the lien.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026