Kentucky Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
Forfeiture is a legal mechanism whereby the government can take property that is used or acquired illegally, especially property associated with illicit drug trafficking.
The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. 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.
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.
Forfeiture refers to a loss of any property, money, or assets without consideration or compensation in return. A forfeiture generally occurs due to default in complying with repayment obligations under a contract. It can also be used as a penalty for an illegal way of conducting business.
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.
§982. Criminal forfeiture. (a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Grounds for forfeiture A person may face civil or criminal asset forfeiture if he or she possesses property that is allegedly tied to illegal activity. This includes any property used during the commission of crimes, such as vehicles used to transport narcotics.