What does forfeiture mean in court? Forfeiture simply means that the accused loses any property they have obtained through the crime. It can also be used in cases of fraud, robbery, and any other criminal charges. If you have been arrested and charged with a criminal offense, the first question most people ask is "what does forfeiture mean?" In most cases, the accused will be charged with one or more counts of theft, burglary, arson, embezzlement, possession of stolen goods, or any other type of felony.
When the accused person is charged with one or more counts of felony, they could lose their freedom and their property. This is because during the arrest process, any property that was used during the commission of the crime will be seized by the police department. Even items such as jewelry, money, and cars can be forfeited. However, it is important to note that a defendant can always retain their property by paying the property taxes and back taxes, if applicable.
There are two types of forfeitures: civil and criminal. A civil forfeiture case is when the government does not win the criminal case and the property is returned to the person or entity being accused of the crime. For instance, you were accused of stealing Nike shoes from a retail store. If the court did not find evidence to file a criminal charge against you, then the store will return the shoes. You would then be awarded the property as "equitable damage" due to the breach of contract.
An example of a civil case would be a ticket. If you were stopped for speeding, you may be required to give the state of your driver's license, or at the very least your automobile registration. When the officer noticed the license, they will make an arrest for speeding. At that point, they will obtain a search warrant, which means they have immediate access to your property without compensation or any other type of award. If you do not appear in court on the date scheduled for the search, the warrant will be executed.
If you were arrested for a federal crime, such as drug possession, distribution, or importation, the government can seize any items found during the course of your illegal conduct. The government has the right to keep the seized items until they are sold or disposed. If the defendant tried to fight back against the forfeiture of their property, they will be able to enter into an agreement called a forfeiture agreement. In a forfeiture agreement, the defendant will pay a specified amount of money to return their property to the government within a specified amount of time. If the defendant does not appear in court and the court does not issue the warrant, the government can then sell the property at auction and recoup the full amount of the loss.
The government also has the right to pursue civil litigation in order to recover the loss. The attorney who is appointed to represent the defendant is known as an attorney of record. Once a forfeiture case goes to court, there will be a scheduling hearing. This is where the court decides how much money should be recovered and what laws and exceptions may apply to the case.
After the defendant appears in court and contest the forfeiture, there will be a forfeiture hearing. At this point, the judge will review the evidence that is presented. If the evidence shows that the defendant knowingly acquired the property illegally, then they may be held liable for the loss. Other common situations that may lead to a forfeiture include drug use in the premises or by the defendant themselves, buying or selling the property when it is not owner prepared, or even if the property was used for illegal gambling. If the court rules in favor of the government, then the property will be forfeited.
While it may sound complicated, forfeiture cases are actually fairly straightforward. There are several ways that a property can be seized, such as through purchase by a felon, during the commission of a crime, or by using it to carry out an illegal activity. A property can also be forfeited if it has been used to commit fraud, including a crime called "aggressor fraud," or if the owner had prior knowledge of the wrongful act. If a defendant knows or suspects that they do not have the right to own a certain item, or they are acting in bad faith, then they may have to go to court to answer the question: what does forfeiture mean in court?
