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Maryland Code, Criminal Procedure § 13-528

Current as of December 31, 2021 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 13-528 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-13-528/

Read this complete Maryland Code, Criminal Procedure § 13-528 on Westlaw. Westlaw subscription required.

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