§ 12-402. Posthearing orders
West's Annotated Code of MarylandCriminal Procedure
MD Code, Criminal Procedure, § 12-402
§ 12-402. Posthearing orders
(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 § 12-403(b) 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) 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 the Controlled Dangerous Substances law, the court shall order that the property be released within 5 days to the first priority lienholder.
(d)(1) The lienholder shall sell the property in a commercially reasonable manner.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-402, MD CRIM PROC § 12-402
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.
End of Document |