CAN A STATE FILE FORFEITURE WITHOUT A CRIMINAL CASE?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CAN A STATE FILE FORFEITURE WITHOUT A CRIMINAL CASE?
Asked on June 3, 2009 under Criminal Law, Indiana
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Probably. Both the legal issues, and the standard of proof, are different in forfeiture cases, as opposed to criminal prosecutions.
In a criminal case, the defendant is an individual, and the state has to prove, beyond a reasonable doubt, that a crime was committed and that the defendant did it.
For a forfeiture, the "defendant" is actually the property that's being targeted; you get case names like, "United States vs. $13,445.00 in U.S. Currency," or "State of Minnesota vs. One 2002 Chevrolet Corvette." The state only has to prove that the property was somehow connected to criminal behavior that is grounds for forfeiture, and it only has to be proved by a "preponderance of the evidence." A criminal conviction against the owner usually does the trick, but it isn't necessary.
You need the help of an experienced lawyer, to resist a forfeiture case against your property. One place to find an attorney is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.