Maine statute
15 M.R.S. § 5828 — Post-seizure proceedings
Current through First Special Session of the 132nd Maine Legislature (current through October 1, 2025)
Part of Chapter 517: Asset Forfeiture, Maine Revised Statutes.
Full text of 15 M.R.S. § 5828
Statutory text current through the First Special Session of the 132nd Maine Legislature (current through October 1, 2025). This publication reproduces the statutory text of the Maine Revised Statutes from the Revisor of Statutes' official published files; it is not the official statutes of the State of Maine and has not been certified by the Secretary of State.
1. Prompt post-seizure hearing. This subsection governs post-seizure proceedings for assets seized pursuant to this chapter.
A. Following the seizure of property, a defendant or any person with an interest in the property has a right to a prompt post-seizure hearing.
B. A person with an interest in the property may petition the court for a hearing.
C. At the court's discretion, the court may hold a prompt post-seizure hearing:
(1) As a separate hearing; or
(2) At the same time as a probable-cause determination, a post-arraignment hearing or other pretrial hearing.
D. A party, by agreement of all parties or for good cause, may move for one extension of the hearing date of no more than 10 days. Any motion may be supported by affidavits or other submissions.
E. The court shall order the return of seized property if it finds:
(1) The seizure was invalid;
(2) A criminal charge has not been filed and no extension of the filing period established under this section is available;
(3) The property is not reasonably required to be held as evidence; or
(4) The final judgment likely will be in favor of the claimant.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.