Forfeiture Provisions Forms

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Commonly Asked Questions about Forfeiture Provisions Forms

What are the two types of forfeiture proceedings?

What are the types of forfeiture? Criminal forfeiture is included as part of a defendants criminal prosecution. If the defendant is convicted or has a plea agreement, the court may forfeit the property. Civil forfeiture is a proceeding brought against the property itself.

What is an example of forfeiture?

For example, if a person uses a vehicle to transport illegal drugs, such a vehicle would be subject to criminal forfeiture. Likewise, any money obtained from selling the illegal drugs would also be subject to criminal forfeiture. In both cases, the offender would have to be convicted of a drug-related crime.

What are the three types of forfeiture cases?

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

What does forfeiture mean in a criminal case?

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.

What is the meaning of forfeiture provision?

A forfeiture clause is a provision in a contract that states that one party may have to give up something to the other party under certain circumstances.

What is the rule for forfeiture?

Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.