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§ 12-305. Contents and distribution of complaint

West's Annotated Code of MarylandCriminal Procedure

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)
MD Code, Criminal Procedure, § 12-305
§ 12-305. Contents and distribution of complaint
Currentness
Contents of complaint
(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 the Controlled Dangerous Substances law;
(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.
Distribution of complaint
(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.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-305, MD CRIM PROC § 12-305
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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