Property Forfeiture Forms

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Commonly Asked Questions about Property Forfeiture Forms

Definition What is a petition for forfeiture?

In practice, forfeiture it is a relatively long, drawn out and costly process fraught with potential problems. Tribunal proceedings to ascertain whether or not the bdocHub has occurred can typically take 4-6 months and the forfeiture proceedings thereafter in the county court can take much longer. Forfeiture - Bishop Sewell - Law Firm bishopandsewell.co.uk 2018/09/24 forfe bishopandsewell.co.uk 2018/09/24 forfe

What amendment is the forfeiture of property?

There is a long history in the common law to protect citizens against the governments arbitrary seizure of property. In creating the fourth amendment, the framers of the U.S. Constitution intended to protect citizens from officials who would use forfeiture laws to indiscriminately seize property.

What does it mean to forfeit a property?

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, bdocHubing a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.

What is the forfeiture law in New York State?

To seize property, the government or state must have probable cause to believe that property is forfeitable. To forfeit it (meaning to confiscate it forever), it must demonstrate the forfeiture by a preponderance of the evidence, which is a higher standard.

What is the forfeiture law in NY?

Under New York State law, District Attorneys can forfeit proceeds of crime and instrumentalities of crime. However, in New York, state prosecutors cannot forfeit real property, except in certain drug cases. That means that they are relatively powerless to go after your home.

What is forfeiture punishment?

Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct.

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 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.