Louisiana Petition for Forfeiture of Auto - 41-29-101
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How to fill out Petition For Forfeiture Of Auto - 41-29-101?
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FAQ
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.
Property that is alleged to be evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter.
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.
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. If the defendant is convicted and the property is deemed forfeitable, the court issues an order of forfeiture.
Forfeiture takes two distinct forms: criminal and civil. Criminal forfeiture operates as punishment for a crime. It therefore requires a conviction, following which the state takes the assets in question from the criminal. Nearly all contemporary forfeiture is civil.
For example, if a person uses a vehicle to transport illegal drugs, such a vehicle would be subject to criminal forfeiture. Likewise, any money obtained from selling the illegal drugs would also be subject to criminal forfeiture. In both cases, the offender would have to be convicted of a drug-related crime.
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 are the types of forfeiture? Criminal forfeiture is included as part of a defendant's 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.
These include, an ?innocent owner defense,? a provision for a victim to petition the court when the forfeiture is excessive, a requirement that the government pay reasonable litigation costs incurred by a claimant who ?substantially prevails,? procedural standards for the civil forfeiture of real property, and an ...