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Terms Used In Maryland Code, CRIMINAL PROCEDURE 12-305

  • Allegation: something that someone says happened.
  • certified mail: includes "registered mail"; and

    (3) "registered mail" includes "certified mail". See
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Oath: A promise to tell the truth.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Summons: Another word for subpoena used by the criminal justice system.
(a) A complaint seeking forfeiture shall contain:

(1) a description of the property seized;

(2) the date and place of the seizure;

(3) the name of the owner, if known;

(4) the name of the person in possession, if known;

(5) the name of each lienholder, if known or reasonably subject to discovery;

(6) an allegation that the property is subject to forfeiture;

(7) if the forfeiting authority seeks to forfeit a lienholder’s interest in property, an allegation that the lien was created with actual knowledge that the property was being or was to be used in violation of the Controlled Dangerous Substances law;

(8) a statement of the facts and circumstances surrounding the seizure;

(9) a statement setting forth the specific grounds for forfeiture; and

(10) an oath or affirmation by the forfeiting authority that the contents of the complaint are true to the best of the forfeiting authority’s knowledge, information, and belief.

(b) Within 20 days after the filing of the complaint, copies of the summons and complaint shall be sent by certified mail requesting “restricted delivery – show to whom, date, address of delivery” and first-class mail to all known owners and lienholders whose identities are reasonably subject to discovery, including all real property owners and lienholders shown in the records required by law for notice or perfection of the lien.