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§ 13-105. Application for forfeiture of contraband money

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 13. Other Forfeitures (Refs & Annos)
Subtitle 1. Gambling Violations (Refs & Annos)
MD Code, Criminal Procedure, § 13-105
§ 13-105. Application for forfeiture of contraband money
Currentness
Application by complaint and filed in county where contraband seized
(a)(1) Each application for the forfeiture of contraband shall be by complaint and shall be filed in the District Court or circuit court of the county in which the contraband was seized.
(2) The complaint shall be served in accordance with Maryland Rule 2-121 or 3-121(a), or if service of process is unable to be made and the summons is returned non est, substitute service may be made in accordance with Maryland Rule 2-122 or 3-121(b) or (c).
Conviction of person arrested in connection with seizure of money
(b)(1) If a conviction, including a plea of guilty or plea of nolo contendere, is entered against a person arrested in connection with the seizure of the money, the financial authority shall apply to the District Court or circuit court for an order forfeiting the money to the jurisdiction that the financial authority serves.
(2) The financial authority shall apply for the order within 90 days after entry of the conviction or plea, unless the case is appealed.
Pending recovery proceedings
(c) Before ordering a forfeiture of the money, the court must be satisfied that no undetermined proceeding to recover the money is pending in court against the financial authority.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 289, § 1, eff. Oct. 1, 2001.
Formerly Art. 27, § 264.
MD Code, Criminal Procedure, § 13-105, MD CRIM PROC § 13-105
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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