(a) In this subtitle the following words have the meanings indicated. (b) “Final disposition” includes an acquittal, dismissal, nolle prosequi, finding of guilty, probation before judgment, plea of guilty or of nolo contendere, marking the charge “stet” on the docket, and an order of an appellate court ending a criminal case. (c) “Financial authority” means: (1) if the seizing […]
(a) Money is prima facie contraband if a law enforcement officer in the State seizes the money in connection with an arrest for: (1) unlawfully playing or operating a bookmaking scheme; (2) unlawfully betting on a horse race, athletic event, lottery, or game; or (3) using an unlawful gaming table or gaming device. (b) (1) For purposes of this subsection, the […]
(a) The seizing authority that seizes money that is contraband shall immediately: (1) photograph the money and record the quantity of each denomination of coin or currency seized; and (2) deposit the money to the account of the financial authority. (b) A photograph taken under subsection (a) of this section may be substituted for money as evidence in a […]
Pending final disposition, the financial authority shall account for and deposit seized money in an interest–bearing bank account or invest the seized money in accordance with Title 17 of the Local Government Article.
(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 […]
(a) Seized money may be returned only as provided in this section. (b) Subject to subsection (c) of this section, on a final disposition a claimant may ask the appropriate court for a determination that the money is the property of the claimant and an order that the money be returned. (c) A claimant under subsection (b) of […]
(a) In a proceeding on a complaint for a return of money, an acquittal, dismissal, or nolle prosequi with respect to the gambling charges or indictments involved in the seizure of the money is prima facie evidence that the money is not contraband. (b) A conviction, plea of guilty or of nolo contendere, or probation under § […]
(a) Subject to subsection (b) of this section, if a complaint is not timely and properly filed or if the action is finally decided against the claimant, the seized money not disposed of shall be forfeited to the custodian without further judicial action. (b) For the seized money to be forfeited, timely notice must be given by […]
This subtitle does not prohibit the trial judge, after an acquittal or dismissal, from ordering the immediate return of all property seized.
