Maryland Code, CRIMINAL PROCEDURE 13-525
Terms Used In Maryland Code, CRIMINAL PROCEDURE 13-525
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(i) the person was convicted of violating § 3-1102 or § 3-1103 of the Criminal Law Article or attempting or conspiring to violate § 3-1102 or § 3-1103 of the Criminal Law Article;
(ii) the property was acquired by the person during the violation or within a reasonable time after the violation; and
(iii) there was no other likely source for the property.
(2) A claimant of the property has the burden of proof to rebut the presumption in paragraph (1) of this subsection.
(b) Real property used as the principal family residence may not be forfeited under this section unless:
(1) an owner of the real property was convicted of a crime described under subsection (a)(1)(i) of this section; or
(2) § 13-503(d) of this subtitle applies.