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§ 13-509. Determination that forfeiture of motor vehicle not justified

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2013

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 13. Other Forfeitures (Refs & Annos)
Subtitle 5. Violations of the Human Trafficking Law (Refs & Annos)
Effective: October 1, 2013
MD Code, Criminal Procedure, § 13-509
§ 13-509. Determination that forfeiture of motor vehicle not justified
Currentness
In general
(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that the total circumstances of the case as listed under § 13-507(b) of this subtitle do not justify forfeiture.
Abuse of discretion or clearly erroneous actions by authorities
(b) In a proceeding under this subtitle, the court may determine, based on the circumstances listed in § 13-507(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:
(1) in recommending the forfeiture of a motor vehicle; or
(2) in not surrendering on request a motor vehicle to an owner.

Credits

Added by Acts 2013, c. 636, § 1, eff. Oct. 1, 2013.
MD Code, Criminal Procedure, § 13-509, MD CRIM PROC § 13-509
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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