(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.
Structure Maryland Statutes
Subtitle 5 - Violations of the Human Trafficking Law
Section 13-502 - Subject to Forfeiture
Section 13-503 - Forfeiture for Violations Without Knowledge of Owner Not Permitted
Section 13-504 - Seizure of Personal Property
Section 13-505 - Seizure of Money
Section 13-506 - Effect of Seizure
Section 13-507 - Seizure and Forfeiture of Motor Vehicle
Section 13-508 - Recommendation of Forfeiture
Section 13-509 - Seizure and Forfeiture of Motor Vehicle -- Surrender of Vehicle to Owner
Section 13-510 - Procedure to Obtain Possession of Property
Section 13-511 - Seizure of Real Property
Section 13-512 - Seized Real Property -- Rights of Tenants; Receiver of Income
Section 13-513 - Prohibited Acts Prior to Judgment in Favor of Owner
Section 13-514 - Prompt Filing of Forfeiture Proceedings
Section 13-516 - Procedure -- Forfeiture of Money
Section 13-517 - Time for Filing
Section 13-518 - Procedure -- Complaint
Section 13-521 - Hearing or Order on Failure to File Answer
Section 13-522 - Forfeiture of Real Property
Section 13-523 - Proceedings for Forfeiture of Real Property
Section 13-524 - Stay of Proceedings During Pendency of Appeal
Section 13-525 - Presumption That Property Subject to Forfeiture
Section 13-526 - Forfeiture of Other Property for Act or Omission of Owner or Return of Property
Section 13-527 - Powers of Court
Section 13-529 - Rights of Governing Body Where Property Seized
Section 13-530 - Proceeds From Sale or Retention of Property
Section 13-531 - Sale for Cash; Transfer of Title
Section 13-532 - Duties of Lienholders Prior to Sale of Property
Section 13-533 - Law Governing Sale of Collateral
Section 13-534 - Proceeds From Sale
Section 13-535 - Duties of Lienholder on Redemption of Property