Guam § 32 - Evidentiary Hearing Required for Custody of

§ 32. Evidentiary Hearing Required for Custody of

Property Determination.

(a) If a person is charged with financial exploitation of an

elderly person or individual with a disability that involves the

taking of or loss of property valued at more than Five Thousand

Dollars ($5,000) and property belonging to a victim is seized

from the defendant pursuant to a search warrant, the court shall

hold an evidentiary hearing and determine, by a preponderance

of the evidence, whether the defendant unlawfully obtained the

victim’s property.

(b) If the court finds that the property was unlawfully

obtained, the court may order it returned to the victim for

restitution purposes before trial on the charge.

(c) This determination is inadmissible in evidence at trial on

the charge and does not give rise to any inference that the

defendant has committed an offense under this Chapter.

2019 NOTE: Subsection designations added pursuant to authority

granted by 1 GCA § 1606.

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COL1/24/2020