Maryland Code, CRIMINAL PROCEDURE 12-101
Terms Used In Maryland Code, CRIMINAL PROCEDURE 12-101
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: means a county of the State or Baltimore City. See
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
- Personal property: All property that is not real property.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Verdict: The decision of a petit jury or a judge.
(b) “Chief executive officer” means:
(1) for Baltimore City, the Mayor;
(2) for a charter county, the county executive or, if there is no county executive, the county council;
(3) for a code county, the county commissioners or county council;
(4) for a county commissioner county, the county commissioners; or
(5) for a municipal corporation, the legislative body established by municipal charter.
(c) “Controlled Dangerous Substances law” means Title 5 of the Criminal Law Article.
(d) “Convicted” means found guilty.
(e) “Final disposition” means a dismissal, entry of a nolle prosequi, the marking of a criminal charge “stet” on the docket, entry of a not guilty verdict, the pronouncement of sentence, or imposition of probation under § 6-220 of this article.
(f) “Forfeiting authority” means:
(1) the unit or person designated by agreement between the State‘s Attorney for a county and the chief executive officer of the governing body having jurisdiction over assets subject to forfeiture to act on behalf of the governing body regarding those assets; or
(2) if the seizing authority is a unit of the State, a unit or person that the Attorney General or the Attorney General’s designee designates by agreement with a State’s Attorney, county attorney, or municipal attorney to act on behalf of the State regarding assets subject to forfeiture by the State.
(g) “Governing body” includes:
(1) the State, if the seizing authority is a unit of the State;
(2) a county, if the seizing authority is a unit of a county;
(3) a municipal corporation, if the seizing authority is a unit of a municipality; and
(4) Baltimore City, if the seizing authority is the Police Department of Baltimore City.
(h) “Lien” includes a mortgage, deed of trust, pledge, security interest, encumbrance, or right of setoff.
(i) “Lienholder” means a person who has a lien or a secured interest on property created before the seizure.
(j) “Local financial authority” means:
(1) if the seizing authority is a unit of a county, the treasurer or director of finance of the county; or
(2) if the seizing authority is a unit of a municipal corporation, the treasurer or director of finance of that municipal corporation.
(k) (1) “Owner” means a person having a legal, equitable, or possessory interest in property.
(2) “Owner” includes:
(i) a co-owner;
(ii) a life tenant;
(iii) a remainderman to a life tenancy in real property;
(iv) a holder of an inchoate interest in real property; and
(v) a bona fide purchaser for value.
(l) “Proceeds” includes property derived directly or indirectly in connection with or as a result of a crime under the Controlled Dangerous Substances law.
(m) (1) “Property” includes:
(i) real property and anything growing on or attached to real property;
(ii) tangible and intangible personal property, including:
1. securities;
2. negotiable and nonnegotiable instruments;
3. vehicles and conveyances of any type;
4. privileges;
5. interests;
6. claims; and
7. rights;
(iii) an item, object, tool, substance, device, or weapon used in connection with a crime under the Controlled Dangerous Substances law; and
(iv) money.
(2) “Property” does not include:
(i) an item unlawfully in the possession of a person other than the owner when used in connection with a crime under the Controlled Dangerous Substances law; or
(ii) a lessor’s interest in property subject to a bona fide lease, unless the forfeiting authority can show that the lessor participated in a crime under the Controlled Dangerous Substances law or that the property was the proceeds of a crime under the Controlled Dangerous Substances law.
(n) (1) “Real property” means land or an improvement to land.
(2) “Real property” includes:
(i) a leasehold or other limited interest in real property;
(ii) an easement; and
(iii) a reversionary interest in a 99-year ground lease renewable forever.
(o) “Seizing authority” means a law enforcement unit in the State that is authorized to investigate violations of the Controlled Dangerous Substances law and that has seized property under this title.