Criminal Forfeiture, Is There Such a Thing as Criminal Forfeiture?
This describes an action by the state where you must relinquish property, funds, etc. that are determined to be connected to a particular crime or crimes. Obviously each state possesses its own regulations on such forfeitures and how the process what would be conducted would be based on the severity of the crime.
In most cases, it involves something that was directly utilized in that specific crime.
What Are the Conditions of Criminal Forfeiture?
First, the state has to determine that property or asset was indeed a part of a crime. This is done to show why this should be relinquished by the owner or owners. An example of this occurs when a person is involved in peddling drugs and all the funds in addition to the property purchased with those funds belongs in the hands of the state. If this is a possibility in your particular case, it should be included in the court proceedings.
What Am I Entitled To If Charged?
It truly depends on the state where you are charged and how they conduct the process. Also, it depends on the crime that was committed. It is possible to be informed of the act prior to be it being conducted, but it really can happen at any time. It is important to remember, however, the forfeiture can be of a civil or criminal nature, but with either one of these actions, it would be a party’s best interests to procure legal representation.
Is There A Difference Between Civil and Criminal Forfeiture?
The two do have a lot in common, but in a civil forfeiture, the process is conducted not against the person, but its intention is to seize the actual property. Also, a civil forfeiture can take place without the owner of that property being arrested for criminal activity. All that is required is to determine if there is any link whatsoever to that item and any sort of criminal behavior. All that is necessary is reasonable doubt, while in criminal cases, there is a much more detailed process that transpires before forfeiture is implemented. In other words, the person must have been convicted of an actual crime.
