Property Forfeiture Legal Forms

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Commonly Asked Questions about Property Forfeiture Legal Forms

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 are the three types of forfeiture cases?

Innocent owner: The most important defense is called the innocent owner defense, which is meant for innocent third parties who can show ownership of the seized property. To use this defense, you have to show that you were unaware of the illegal use of your property or that you were a bona fide purchaser for value.

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.

What are the different types of forfeiture?

There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

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.