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§ 12-304. Deadlines for complaints seeking forfeiture

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2016

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 3. Forfeiture Proceedings (Refs & Annos)
Effective: October 1, 2016
MD Code, Criminal Procedure, § 12-304
§ 12-304. Deadlines for complaints seeking forfeiture
Currentness
Deadlines for complaints generally
(a) Except as provided under subsections (b), (c), and (d) 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.
Forfeiture of motor vehicles
(b) A complaint for the forfeiture of a motor vehicle shall be filed within 45 days after the motor vehicle is seized.
Filing of complaint
(c) If the State or a political subdivision of the State does not file a timely complaint seeking forfeiture under subsection (a) or (b) of this section, the property shall be promptly released to the owner, if known.
Proceedings about money
(d)(1) A proceeding about money shall be filed within 90 days after the final disposition of criminal proceedings that arise out of the Controlled Dangerous Substances 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 title shall be returned to the owner on request by the owner.
(3) If the owner fails to ask the return of the money within 1 year after the final disposition of criminal proceedings, as provided under § 12-403 of this title, 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.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2016, c. 619, § 1, eff. Oct. 1, 2016; Acts 2016, c. 658, § 1, eff. Oct. 1, 2016.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-304, MD CRIM PROC § 12-304
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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