Maryland Statutes
Criminal Procedure

Section 12-203 - Custody of Seized Property; Sequestering and Removing Seized Property; Request for Return of Property - (a) Property seized under this title is in the custody...

Section 12-204 - Seizure of Motor Vehicles -- in General - (a) In exercising the authority to seize motor vehicles under...

Section 12-205 - Seizure of Motor Vehicles -- Exceptions - A motor vehicle used in violation of this title may...

Section 12-206 - Recommendation of Forfeiture by Seizing Authority - (a) The chief law enforcement officer of the seizing authority...

Section 12-207 - Return of Vehicle to Owner After Seizure - (a) The forfeiting authority shall surrender the motor vehicle on...

Section 12-208 - Owner Obtaining Possession of Seized Property - (a) (1) Except as provided in §§ 12-209 and 12-210...

Section 12-209 - Seizure of Real Property - Seizure of real property occurs on the earlier of the...

Section 12-210 - Possession of Seized Real Property by Owners or Tenants - (a) Subject to the rights of a lienholder to sell...

Section 12-211 - Prohibited Acts - (a) This section does not apply if: (1) an act...

Section 12-212 - Transfer to Federal Authority Prohibited; Exceptions - A seizing authority or prosecuting authority may not directly or...

Subtitle 3 - Forfeiture Proceedings

Section 12-301 - In General - Except as provided in § 12–304(d) of this subtitle, if...

Section 12-302 - Forfeiture of Money - (a) To apply for the forfeiture of money, the appropriate...

Section 12-303 - Proceedings Filed by Forfeiting Authority - Except as provided in § 12-302 of this subtitle and...

Section 12-304 - Deadlines for Filing Complaint Seeking Forfeiture - (a) Except as provided under subsections (b), (c), and (d)...

Section 12-305 - Contents and Distribution of Complaint - (a) A complaint seeking forfeiture shall contain: (1) a description...

Section 12-306 - Notice - (a) A notice shall be signed by the clerk and...

Section 12-307 - Answer to Complaint - The answer to a complaint shall: (1) comply with the...

Section 12-308 - Hearing on Forfeiture Claim - (a) If an answer has been filed on time, the...

Section 12-309 - Forfeiture of Interest in Real Property - Except as provided in §§ 12-103(e) and 12-312 of this...

Section 12-310 - Forfeiture Proceedings for Real Property - (a) Forfeiture proceedings for real property may be brought in...

Section 12-311 - Stay of Forfeiture of Principal Family Residence - If an owner of real property used as the principal...

Section 12-312 - Forfeiture of Ownership Interest in Property - (a) Except as provided in subsection (b) of this section,...

Section 12-313 - Statement Inadmissible in Related Criminal Prosecution - Except for purposes of impeachment, a statement made by a...

Subtitle 4 - Disposition

Section 12-401 - Powers of Court - In a proceeding under this title, a court: (1) may...

Section 12-402 - Posthearing Orders - (a) After a full hearing, if the court determines that...

Section 12-403 - Disposition of Forfeited Property - (a) (1) Whenever property is forfeited under this title, the...

Section 12-404 - Terms of Sale of Forfeited Property - A sale of property ordered under this title shall be...

Section 12-405 - Appropriation of Percentage of Proceeds for Drug Treatment and Education Programs - Notwithstanding any other provision of law, the Governor shall include...

Subtitle 5 - Lienholders

Section 12-501 - Lienholder Sale of Seized Property - (a) Before exercising the right to sell property that has...

Section 12-502 - Governing Law - (a) Except as provided in subsection (b) of this section,...

Section 12-503 - Proceeds of Sale - (a) Any part of the proceeds from a sale of...

Section 12-504 - Redemption of Interest or Repossession of Property - (a) If the interest of the owner in property that...

Section 12-505 - Effect of Title - This title does not prohibit a lienholder from exercising rights...

Subtitle 6 - Reporting

Section 12-601 - Definitions - In this subtitle, “MSAC” means the Maryland Statistical Analysis Center...

Section 12-602 - Reporting Expenditure of Forfeited Funds - (a) On an annual basis, each seizing authority in consultation...

Title 13 - Other Forfeitures

Subtitle 1 - Gambling Violations

Section 13-101 - Defined Terms - (a) In this subtitle the following words have the meanings...

Section 13-102 - Money Presumed to Be Contraband - (a) Money is prima facie contraband if a law enforcement...

Section 13-103 - Contraband to Be Photographed and Recorded - (a) The seizing authority that seizes money that is contraband...

Section 13-104 - Seized Money to Be Deposited or Invested - Pending final disposition, the financial authority shall account for and...

Section 13-105 - Complaint for Forfeiture - (a) (1) Each application for the forfeiture of contraband shall...

Section 13-106 - Complaint for Return of Money - (a) Seized money may be returned only as provided in...

Section 13-107 - Prima Facie Evidence -- Contraband - (a) In a proceeding on a complaint for a return...

Section 13-108 - Grounds for Forfeiture - (a) Subject to subsection (b) of this section, if a...

Section 13-109 - Effect of Subtitle - This subtitle does not prohibit the trial judge, after an...

Subtitle 2 - Violations of Gun Laws

Section 13-201 - Property Subject to Seizure and Forfeiture - The following property is subject to seizure and forfeiture: (1)...

Section 13-202 - Seizure of Property - (a) An authorized law enforcement officer may seize property listed...

Section 13-203 - Procedures After Seizure - (a) (1) By an appropriate inquiry and investigation, the seizing...

Section 13-204 - Determining Owner's Knowledge of Handgun Violation - (a) (1) On timely receipt of an application, the seizing...

Section 13-205 - Seized Handguns in Criminal Cases - (a) (1) In a proceeding in a criminal cause involving...

Section 13-206 - Disposition of Forfeited Property - (a) Whenever property is forfeited under this subtitle, the law...

Subtitle 3 - Violations of Explosives Laws

Section 13-301 - Forfeiture for Violation of Explosives Laws - (a) This section does not apply to a vehicle unless...

Subtitle 4 - Violations of the Maryland Mortgage Fraud Protection Act

Section 13-401 - Definitions - (a) In this subtitle the following words have the meanings...

Section 13-402 - Property Subject to Forfeiture - The following property is subject to forfeiture: (1) property used...

Section 13-403 - Property Subject to Forfeiture -- Exceptions - (a) Property or an interest in property may not be...

Section 13-404 - Seizure of Property - (a) Except as provided in subsection (b) of this section,...

Section 13-405 - Forfeiture of Property - (a) Except as provided in subsection (b) of this section,...

Section 13-406 - Property Used in Violation of Mortgage Fraud Law - (a) Except as provided in subsections (e) and (f) of...

Section 13-407 - Disposition of Property - (a) Except as provided in this section, disposition of property...

Section 13-408 - Rights and Obligations - Lienholders of property seized under this subtitle shall have the...

Subtitle 5 - Violations of the Human Trafficking Law

Section 13-501 - Definitions - (a) In this subtitle the following words have the meanings...

Section 13-502 - Subject to Forfeiture - The following are subject to forfeiture: (1) except as provided...

Section 13-503 - Forfeiture for Violations Without Knowledge of Owner Not Permitted - (a) Property or an interest in property described in §...

Section 13-504 - Seizure of Personal Property - Personal property subject to forfeiture under this subtitle may be...

Section 13-505 - Seizure of Money - (a) A seizing authority that seizes money under this subtitle...

Section 13-506 - Effect of Seizure - (a) Property seized under this subtitle: (1) is not repleviable;...

Section 13-507 - Seizure and Forfeiture of Motor Vehicle - (a) A seizing authority may seize a motor vehicle used...

Section 13-508 - Recommendation of Forfeiture - (a) The chief law enforcement officer of the seizing authority...

Section 13-509 - Seizure and Forfeiture of Motor Vehicle -- Surrender of Vehicle to Owner - (a) The forfeiting authority shall surrender the motor vehicle on...

Section 13-510 - Procedure to Obtain Possession of Property - (a) (1) Except as provided in §§ 13–512 and 13–513...

Section 13-511 - Seizure of Real Property - Seizure of real property occurs on the earlier of the...

Section 13-512 - Seized Real Property -- Rights of Tenants; Receiver of Income - (a) Subject to the rights of a lienholder to sell...

Section 13-513 - Prohibited Acts Prior to Judgment in Favor of Owner - (a) This section does not apply if: (1) an act...

Section 13-514 - Prompt Filing of Forfeiture Proceedings - Except as provided in § 13–517(c) of this subtitle, if...

Section 13-515 - Procedure - Except as provided in § 13–516 of this subtitle, the...

Section 13-516 - Procedure -- Forfeiture of Money - (a) To apply for the forfeiture of money, the appropriate...

Section 13-517 - Time for Filing - (a) Except as provided under subsections (b) and (c) of...

Section 13-518 - Procedure -- Complaint - (a) A complaint seeking forfeiture shall contain: (1) a description...

Section 13-519 - Notice - (a) A notice shall be signed by the clerk of...

Section 13-520 - Answer - The answer to a complaint shall: (1) comply with the...

Section 13-521 - Hearing or Order on Failure to File Answer - (a) If an answer has been filed on time, the...

Section 13-522 - Forfeiture of Real Property - Except as provided in §§ 13–503 and 13–524 of this...

Section 13-523 - Proceedings for Forfeiture of Real Property - (a) Forfeiture proceedings for real property may be brought in...

Section 13-524 - Stay of Proceedings During Pendency of Appeal - If an owner of real property used as the principal...

Section 13-525 - Presumption That Property Subject to Forfeiture - (a) (1) Except as provided in subsection (b) of this...

Section 13-526 - Forfeiture of Other Property for Act or Omission of Owner or Return of Property - (a) The court may order the forfeiture of other property...

Section 13-527 - Powers of Court - In a proceeding under this subtitle, a court: (1) may...

Section 13-528 - Orders - (a) After a full hearing, if the court determines that...

Section 13-529 - Rights of Governing Body Where Property Seized - If property is forfeited under this subtitle, the governing body...

Section 13-530 - Proceeds From Sale or Retention of Property - (a) The proceeds from a sale or the retention of...

Section 13-531 - Sale for Cash; Transfer of Title - A sale of property ordered under this subtitle shall be...

Section 13-532 - Duties of Lienholders Prior to Sale of Property - (a) Before exercising the right to sell property that has...

Section 13-533 - Law Governing Sale of Collateral - (a) Except as provided in subsection (b) of this section,...

Section 13-534 - Proceeds From Sale - (a) Any part of the proceeds from a sale of...

Section 13-535 - Duties of Lienholder on Redemption of Property - (a) If the interest of the owner in property that...

Section 13-536 - Rights of Lienholders - This subtitle does not prohibit a lienholder from exercising rights...

Title 14 - Office of the State Prosecutor

Section 14-101 - "Commission" Defined - In this title, “Commission” means the State Prosecutor Selection and...

Section 14-102 - Office of the State Prosecutor - (a) (1) There is an Office of the State Prosecutor....

Section 14-103 - State Prosecutor Selection and Disabilities Commission - (a) There is a State Prosecutor Selection and Disabilities Commission....

Section 14-104 - Filling Vacancies in Office of State Prosecutor - (a) On notification by the Governor that a vacancy exists...

Section 14-105 - Reprimand or Removal - (a) The Commission may reprimand or recommend to the Governor...

Section 14-106 - General Powers and Duties of State Prosecutor - The State Prosecutor has the powers and duties established under...

Section 14-107 - Investigations - (a) (1) Except as provided in paragraph (2) of this...

Section 14-108 - Reports - (a) (1) Except as provided in paragraph (2) of this...

Section 14-109 - Prosecutions - (a) (1) The State Prosecutor may prosecute a criminal offense...

Section 14-110 - Subpoena Authority - (a) The State Prosecutor has all the powers and duties...

Section 14-111 - Venue - The trial of a case that the State Prosecutor prosecutes...

Section 14-112 - Budget and Staff - (a) The budget of the State Prosecutor and the Office...

Section 14-113 - Meetings With Attorney General and State's Attorneys - The State Prosecutor shall meet and confer regularly with the...

Section 14-114 - Annual Report - The State Prosecutor shall submit an annual report on activities...

Title 15 - Office of the State's Attorney

Subtitle 1 - Definitions; General Duties and Powers

Section 15-101 - Definitions - (a) In this title the following words have the meanings...

Section 15-102 - Duty to Represent State - Subject to Title 14 of this article, a State’s Attorney...

Section 15-104 - Duty to Post Bond - (a) Each State’s Attorney shall annually provide a corporate surety...

Section 15-105 - Duty to Submit Facts and Evidence of Cases - A State’s Attorney shall prepare and submit to the Division...

Section 15-108 - Subpoena Power in Criminal Investigation - (a) (1) For the limited purpose of furthering an ongoing...

Section 15-109 - Interim State's Attorney - (a) If necessary due to an absence, sickness, resignation, or...

Subtitle 2 - State's Attorneys' Coordination Council

Section 15-201 - Established - There is a State’s Attorneys’ Coordination Council.

Section 15-202 - Membership - (a) The Council consists of: (1) the Attorney General; (2)...

Section 15-203 - Officers - The Council shall designate from among its members a chair...

Section 15-204 - Quorum; Meetings; Staff - (a) A majority of the members of the Council is...

Section 15-205 - Regulations - After consultation with the State Board of Victim Services, the...

Subtitle 3 - State's Attorneys' Coordinator

Section 15-301 - Office of State's Attorneys' Coordinator - (a) (1) There is an office of State’s Attorneys’ Coordinator....

Section 15-302 - Duties of Coordinator - The Coordinator shall: (1) establish and implement standard and specialized...

Subtitle 4 - Countywide Provisions

Section 15-401 - Compensation -- in General - (a) (1) The State’s Attorney for a county shall receive:...

Section 15-402 - Allegany County - (a) This section applies only in Allegany County. (b) The...

Section 15-403 - Anne Arundel County - (a) This section applies only in Anne Arundel County. (b)...

Section 15-404 - Baltimore County - (a) This section applies only in Baltimore County. (b) (1)...

Section 15-405 - Calvert County - (a) This section applies only in Calvert County. (b) (1)...

Section 15-406 - Caroline County - (a) This section applies only in Caroline County. (b) (1)...

Section 15-407 - Carroll County - (a) This section applies only in Carroll County. (b) (1)...

Section 15-408 - Cecil County - (a) This section applies only in Cecil County. (b) (1)...

Section 15-409 - Charles County - (a) This section applies only in Charles County. (b) (1)...

Section 15-410 - Dorchester County - (a) This section applies only in Dorchester County. (b) (1)...

Section 15-411 - Frederick County - (a) This section applies only in Frederick County. (b) (1)...

Section 15-412 - Garrett County - (a) This section applies only in Garrett County. (b) (1)...

Section 15-413 - Harford County - (a) This section applies only in Harford County. (b) (1)...

Section 15-414 - Howard County - (a) This section applies only in Howard County. (b) The...

Section 15-415 - Kent County - (a) This section applies only in Kent County. (b) (1)...

Section 15-416 - Montgomery County - (a) This section applies only in Montgomery County. (b) (1)...

Section 15-417 - Prince George's County - (a) This section applies only in Prince George’s County. (b)...

Section 15-418 - Queen Anne's County - (a) This section applies only in Queen Anne’s County. (b)...

Section 15-419 - St. Mary's County - (a) This section applies only in St. Mary’s County. (b)...

Section 15-420 - Somerset County - (a) This section applies only in Somerset County. (b) The...

Section 15-421 - Talbot County - (a) This section applies only in Talbot County. (b) (1)...

Section 15-422 - Washington County - (a) This section applies only in Washington County. (b) The...

Section 15-423 - Wicomico County - (a) This section applies only in Wicomico County. (b) (1)...

Section 15-424 - Worcester County - (a) This section applies only in Worcester County. (b) (1)...

Title 16 - Office of the Public Defender

Subtitle 1 - Definitions; Scope of Title

Section 16-101 - Definitions - (a) In this title the following words have the meanings...

Section 16-102 - Scope of Title - Except as otherwise provided in § 16–206 of this title,...

Subtitle 2 - Office of the Public Defender

Section 16-201 - Policy of State - It is the policy of the State to: (1) provide...

Section 16-202 - Office of the Public Defender Established - There is an Office of the Public Defender in the...

Section 16-203 - Office Personnel - (a) (1) The head of the Office is the Public...

Section 16-204 - Representation of Indigent Individual - (a) Representation of an indigent individual may be provided in...

Section 16-205 - Termination of Representation - Representation of an indigent individual by the Office or by...

Section 16-206 - Representation in Federal Court - (a) This title does not prohibit the Office from representing...

Section 16-207 - Duties and Powers of Public Defender - (a) The primary duty of the Public Defender is to...

Section 16-208 - Panel Attorneys - (a) (1) Subject to the authority and supervision of the...

Section 16-209 - Privileged Communications - (a) Communications between an indigent individual and an individual in...

Section 16-210 - Eligibility for Services - (a) An individual may apply for services of the Office...

Section 16-211 - Reimbursement for Services - (a) (1) If it appears that an indigent individual has...

Section 16-212 - Liens - (a) The reasonable value of the services rendered to an...

Section 16-213 - Effect of Subtitle - This subtitle does not prohibit the appointment of an attorney,...

Subtitle 3 - Board of Trustees; Regional Advisory Boards

Section 16-301 - Board of Trustees - (a) There is a Board of Trustees of the Office...

Section 16-302 - Duties of Board of Trustees - The Board of Trustees shall: (1) study and observe the...

Section 16-303 - Regional Advisory Boards - (a) There are four regional advisory boards of the Office....

Section 16-304 - Duties of Regional Advisory Boards - Each regional advisory board shall: (1) study and observe the...

Subtitle 4 - Report; Appropriations; Severability

Section 16-401 - Annual Report of Public Defender - (a) On or before September 30 of each year, the...

Section 16-402 - Appropriations - Funds for carrying out this title shall be as provided...

Section 16-403 - Severability - (a) The provisions of this title are severable. (b) The...

Title 17 - Forensic Genealogy

Section 17-101 - Definitions - (a) In this title the following words have the meanings...

Section 17-102 - Judicial Authorization Required for Forensic Genetic Genealogical Dna Analysis and Search -- Sworn Affidavit by Law Enforcementagent -- Limited Use of Biological Samples -- Fggs Limited to Open-Data Personal Genomics Database -- Lice... - (a) (1) FGGS may not be initiated without judicial authorization...

Section 17-103 - Judicial Authorization for Fggs Sought by Charged Defendant or Convicted Defendant Seeking Postconviction Dna Testing -- Dna Samples From Putative Crime Perpetrators -- Notice to State -- Court Order for Fggs - (a) A defendant in a criminal case charged with a...

Section 17-104 - Office of Health Care Quality -- Maryland Forensic Laboratory Advisory Committee Disclosure of Genetic Genealogy Prohibited Without Authorization - (a) The Office of Health Care Quality shall establish: (1)...

Section 17-105 - Annual Report by Governor's Office of Crime Prevention, Youth, and Victim Services -- Items Included -- Review and Policy Recommendations - (a) On or before June 1 annually, the Governor’s Office...

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Maryland Statutes Criminal Procedure

Maryland Statutes
Criminal Procedure