§ 13-525

Maryland § 13-525

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 13

Text

(a) (1) Except as provided in subsection (b) of this section, there is a rebuttable presumption that property or part of a property in which a person has an ownership interest is subject to forfeiture as proceeds, if the State establishes by clear and convincing evidence that:

(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.