Maine § 5828. - Post-seizure proceedings
Full text of Maine Maine Revised Statutes § 5828. — Post-seizure proceedings, with citation guidance and answers to common questions.
§ 5828.. Post-seizure proceedings
1. Prompt post-seizure hearing. This subsection governs post-seizure proceedings for assets seized pursuant to this chapter.
A. Following the seizure of property, a defendant or any person with an interest in the property has a right to a prompt post-seizure hearing. [PL 2021, c. 454, §14 (NEW).]
B. A person with an interest in the property may petition the court for a hearing. [PL 2021, c. 454, §14 (NEW).]
C. At the court's discretion, the court may hold a prompt post-seizure hearing:
(2) At the same time as a probable-cause determination, a post-arraignment hearing or other pretrial hearing. [PL 2021, c. 454, §14 (NEW).]
D. A party, by agreement of all parties or for good cause, may move for one extension of the hearing date of no more than 10 days. Any motion may be supported by affidavits or other submissions. [PL 2021, c. 454, §14 (NEW).]
E. The court shall order the return of seized property if it finds:
(2) A criminal charge has not been filed and no extension of the filing period established under this section is available;
(3) The property is not reasonably required to be held as evidence; or
(4) The final judgment likely will be in favor of the claimant. [PL 2021, c. 454, §14 (NEW).]
Frequently Asked Questions About Maine § 5828.
What does Maine Revised Statutes § 5828. cover?
Section 5828. ("Post-seizure proceedings") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 5828.?
A common citation format is "Maine Revised Statutes § 5828." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 5828. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.