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Commonly Asked Questions about Forfeiture Rights Legal Forms

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 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. DEA Asset Forfeiture DEA.gov operations asset-forfeiture DEA.gov operations asset-forfeiture
Civil Judicial Forfeiture: Civil judicial forfeiture is a judicial process that does not require a criminal conviction and is a legal tool that allows law enforcement to seize property that is involved in a crime. Asset Forfeiture - FBI FBI investigate white-collar-crime FBI investigate white-collar-crime
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.
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.
There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.