Maryland Code, ALCOHOLIC BEVERAGES AND CANNABIS 27-2613
Terms Used In Maryland Code, ALCOHOLIC BEVERAGES AND CANNABIS 27-2613
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) alcoholic beverages seized in connection with the prosecution shall be ordered to be destroyed; and
(2) other property seized in connection with the prosecution shall continue to be held as the property of the defendant or the owner.
(b) If a prosecution under this article does not result in a conviction, property seized in connection with the prosecution shall be returned to the person from whom it was taken.
(c) (1) Subject to paragraph (2) of this subsection, a person’s claim of insufficiency of the description of the alcoholic beverages seized under this subtitle or the place or thing searched provided in the complaint or warrant does not result in the immediate return of the alcoholic beverages to the person.
(2) The person with a claim of insufficiency under paragraph (1) of this subsection is entitled to a hearing on the claim when the case is tried.
(3) A conviction under this subtitle bars an action for:
(i) the recovery of alcoholic beverages or the value of alcoholic beverages; or
(ii) damages alleged to have arisen from seizing alcoholic beverages.
(4) Alcoholic beverages or other items seized under this subtitle may not be taken from the custody of the officer by a writ of replevin or other process while a prosecution under this subtitle is pending.