Florida Petition for Forfeiture of Auto - 41-29-101

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Multi-State
Control #:
US-01608
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Word; 
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This form is a sample Petition for Forfeiture. For use by authorities attempting to seize a vehicle or property connected with drug or other criminal activity. Adapt to fit your facts.
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  • Preview Petition for Forfeiture of Auto - 41-29-101

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FAQ

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

Civil forfeiture, legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime. The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organized crime.

The property can only be seized pursuant to the Florida Contraband Forfeiture Act if the owner is arrested for a crime that forms a basis to believe that the property is contraband, or if certain permitted exceptions apply.

Sections 932.701-932.706, F.S., comprise the Florida Contraband Forfeiture Act, which provides for the seizure and civil forfeiture of property related to criminal and non-criminal violations of law. Contraband and other property may be seized when utilized during or for the purpose of violating the Act.

A person who possesses property tied to illegal activity, including items purchased with profits from white-collar crimes, may face civil asset forfeiture. Criminal forfeiture can only be conducted if a person is convicted of a crime. Florida has civil forfeiture, which is an action against the property, not the owner.

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Florida Petition for Forfeiture of Auto - 41-29-101