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Massachusetts Petition For Forfeiture

Category:
Statewide - State District Court - Criminal
State:
Massachusetts
Control #:
MA-SKU-0955
Format:
PDF
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Description

Petition For Forfeiture
The Massachusetts Petition For Forfeiture is a legal document used by the government to recover property that has been acquired through illegal activity. It is generally used to take back items such as cash, vehicles, firearms, and real estate from those who have obtained them through criminal activity. There are two types of Massachusetts Petition For Forfeiture: civil forfeitures and criminal forfeitures. Civil forfeitures are initiated by the government to take back property that was used in the commission of a crime, while criminal forfeitures are initiated by the government to take back property acquired through the proceeds of a crime. Both types of forfeitures require the filing of a Massachusetts Petition For Forfeiture with the court. The petition must include a description of the property, the basis for the forfeiture, and the amount of money the government is seeking. If the court finds that the property was indeed obtained through illegal activity, it will issue a forfeiture order and the property will be returned to the government.

The Massachusetts Petition For Forfeiture is a legal document used by the government to recover property that has been acquired through illegal activity. It is generally used to take back items such as cash, vehicles, firearms, and real estate from those who have obtained them through criminal activity. There are two types of Massachusetts Petition For Forfeiture: civil forfeitures and criminal forfeitures. Civil forfeitures are initiated by the government to take back property that was used in the commission of a crime, while criminal forfeitures are initiated by the government to take back property acquired through the proceeds of a crime. Both types of forfeitures require the filing of a Massachusetts Petition For Forfeiture with the court. The petition must include a description of the property, the basis for the forfeiture, and the amount of money the government is seeking. If the court finds that the property was indeed obtained through illegal activity, it will issue a forfeiture order and the property will be returned to the government.

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FAQ

The proposed Massachusetts legislation is a constructive step toward reforming civil asset forfeiture and creating transparency, oversight, and accountability to allow legislators to better evaluate civil asset forfeiture in the Commonwealth.

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.

The best way to avoid civil forfeiture is, for most people, the easiest one: Don't carry anything worth taking. And don't carry illegal narcotics, especially if you're carrying cash.

The Massachusetts Senate passed a bill Thursday to reform the civil forfeiture system, raising the legal bar that law enforcement must meet to seize and keep people's money and property in suspected drug crimes.

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.

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,

The Asset Forfeiture Program's primary goals are: To punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities. To promote and enhance cooperation among federal, state, local, tribal, and foreign law enforcement agencies.

A: Asset Forfeiture is the process by which the Government confiscates money and/or property that may represent proceeds of a crime or property used or involved in the commission of a crime.

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More info

(G) A person with an interest in the property subject to forfeiture may petition the court to release the property pursuant to division (D) of section 2981. Quess what?Filing a petition for remission or mitigation is a big mistake if your money was seized for forfeiture without a lawful basis. FILE No. Filing of this petition is required for remission of seized property. A government agency uses this to ask the court to order that a vehicle the government took be forfeited (given up) to the government. Nearly 97 percent of all federal convictions are the result of guilty pleas. MAKES APPLICATION FOR: The seized monies now in possession of. (G) A person with an interest in the property subject to forfeiture may petition the court to release the property pursuant to division (D) of section 2981. Case No. COMPLAINT AND AFFIDAVIT APPLICATION FOR FORFEITURE OF CONTRABAND MONEY. In the case of seized currency, the Court may dismiss the libel of information in total or as to the amount it determines to be disproportionate to the offense.

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