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What is civil asset forfeiture simple?

Civil forfeiture allows the government (typically the police) to seize and then keep or sell any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

What is an example of a civil asset forfeiture?

Police can seize not only cash from cars but real estate such as a persons home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owners awareness.

What states have banned civil asset forfeiture?

Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.

What does remission of forfeiture mean?

Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington,

What is the burden of proof once probable cause is established in civil forfeiture?

Furthermore, civil hearings involve a more lenient burden of proof than beyond a reasonable doubt. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove by preponderance of the evidence that it is not.

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What are the two types of asset forfeiture?

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 the forfeiture law in California?

California asset forfeiture laws allow the government to seize (and sometimes keep) your property when there is evidence that the property was either used in the commission of a crime, or obtained by way of criminal activity.

What does forfeiture mean in law?

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.

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