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§ 4-206. Freeze on assets of defendant charged with violation of § 8-801 of Criminal Law articl...

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2015

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 4. Pretrial Procedures (Refs & Annos)
Subtitle 2. Venue and Other Procedural Matters (Refs & Annos)
Effective: October 1, 2015
MD Code, Criminal Procedure, § 4-206
§ 4-206. Freeze on assets of defendant charged with violation of § 8-801 of Criminal Law article
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Final disposition” means a dismissal, an entry of a nolle prosequi, the marking of a criminal charge “stet” on the docket, an entry of a not guilty verdict, the pronouncement of a sentence, or the imposition of probation under § 6-220 of this article.
(3) “Financial institution” has the meaning stated in § 1-101 of the Financial Institutions Article.
(4) “Freeze assets” means to prohibit a person from transferring the person's money by placing the money under seal or removing the money to a place designated by a court.
Circumstances under which petition may be filed
(b) A State's Attorney may file a petition to freeze assets of a defendant charged with violating § 8-801 of the Criminal Law Article with the circuit court of the county in which the defendant was charged if:
(1) the petition is filed within 60 days of the defendant being charged with a violation of § 8-801 of the Criminal Law Article;
(2) the alleged value of lost or stolen property in the criminal charge giving rise to the petition is $10,000 or more;
(3) the amount of money subject to the petition does not exceed the alleged value of lost or stolen property in the criminal charge giving rise to the petition; and
(4) the State's Attorney sends a notice of intent to file a petition to each financial institution in possession of money subject to the petition.
Service of petition
(c)(1) A petition to freeze assets shall be served on the defendant in accordance with the Maryland Rules and include:
(i) the name of the defendant;
(ii) the case number of the charge giving rise to the petition;
(iii) a description of the money that is subject to the petition;
(iv) if known or reasonably subject to discovery, the name of each financial institution in possession of any of the money; and
(v) an oath or affirmation that the contents of the petition are true to the best of the State's Attorney's knowledge, information, and belief.
(2) A petition to freeze assets shall be mailed to each financial institution in possession of money subject to the petition.
Circumstances in which petition may be granted
(d) A court may grant a petition to freeze assets and issue an order to freeze assets if the State's Attorney proves by a preponderance of the evidence that:
(1) the defendant has a legal, equitable, or possessory interest in the money listed in the petition; and
(2) the money listed in the petition is not jointly held unless the State's Attorney also proves by a preponderance of the evidence that:
(i) the defendant transferred the defendant's money to avoid being subject to an order to freeze assets; or
(ii) the money listed in the petition was used in connection with a violation of § 8-801 of the Criminal Law Article.
Service of order
(e)(1) The order to freeze assets shall be served on each financial institution in possession of money subject to the order.
(2) The order shall be served in accordance with the Maryland Rules and include:
(i) the name of the account holder;
(ii) the case number of the proceeding in which the court issued the order to freeze assets; and
(iii) a description of the money that is subject to the order to freeze assets.
Freezing of assets by financial institution
(f) A financial institution is not obligated to restrict access to money described in a petition until:
(1) an order to freeze assets has been served on the financial institution; and
(2) the financial institution has had a reasonable opportunity to freeze the assets.
Duration of order
(g) An order to freeze assets shall remain in effect until the earlier of:
(1) a dismissal, an entry of a nolle prosequi, or an entry of a not guilty verdict for the criminal charge for the violation giving rise to the order;
(2) the marking of the charge “stet” on the docket, the pronouncement of a sentence, or the imposition of probation under § 6-220 of this article for the criminal charge giving rise to the order, provided that the defendant has made full restitution if ordered by the court; or
(3) 1 year after the final disposition of the criminal charge for the violation giving rise to the order.
Modification of order
(h) On motion, the court may modify an order to freeze assets to allow the defendant to make restitution, to allow the victim to collect restitution, or for good cause.
Other rights of financial institutions
(i) This section does not prohibit a financial institution from exercising rights under applicable law, including the right to set off mutual debts under common law.

Credits

Added by Acts 2015, c. 336, § 1, eff. Oct. 1, 2015; Acts 2015, c. 337, § 1, eff. Oct. 1, 2015.
MD Code, Criminal Procedure, § 4-206, MD CRIM PROC § 4-206
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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