Maryland § 12-402
Full text of Maryland Maryland Code § 12-402, with citation guidance and answers to common questions.
§ 12-402.
(a) After a full hearing, if the court determines that the property should not be forfeited, the court shall order that the property be released.
(b) Subject to § 12-403(b) of this subtitle, if the court determines that the property should be forfeited, the court shall order that the property be forfeited to the appropriate governing body.
(c) If the court determines that the forfeited property is subject to a valid lien created without actual knowledge of the lienholder that the property was being or was to be used in violation of the Controlled Dangerous Substances law, the court shall order that the property be released within 5 days to the first priority lienholder.
(d) (1) The lienholder shall sell the property in a commercially reasonable manner.
(2) The proceeds of the sale shall be applied as follows:
(i) to the court costs of the forfeiture proceeding;
(ii) to the balance due the lienholder, including all reasonable costs incident to the sale;
(iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance of custody; and
(iv) except as provided in § 12-403(b) of this subtitle, to the General Fund of the State or of the political subdivision that seized the property.
Frequently Asked Questions About Maryland § 12-402
What does Maryland Code § 12-402 cover?
Section 12-402 is part of the Maryland Code, the codified statutory law of Maryland. 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 Maryland § 12-402?
A common citation format is "Maryland Code § 12-402" (Maryland). 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 Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 12-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland 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 Maryland.