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Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant.Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

Petition means a petition for remission or mitigation of forfeiture under the regulations in this part. This definition includes a petition for restoration of the proceeds of sale of forfeited property and a petition for the value of forfeited property placed into official use.

The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime. The loss of a corporate charter or franchise as a result of illegality, malfeasance, or Nonfeasance.

The competent authority determines that any property which is forfeited by the State government pursuant to Section 58I and if the source of only a part of the unlawfully obtained property has not been proved to the satisfaction of the competent authority, the competent authority shall make an order giving the

THE GOVERNMENT MAY CONSIDER GRANTING PETITIONS FOR REMISSION OR MITIGATION WHICH PARDONS ALL OR PART OF THE PROPERTY FROM THE FORFEITURE.The authority to grant remission or mitigation in administrative forfeiture cases is given to the federal agency that seized the property.

Seizure is the act of taking property.Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture. In our example, the seizure takes place when Officer Potts takes the money from Steve.

Delaware Petition For Return of Property With Instructions

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