Minnesota Petition for Forfeiture
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How to fill out Petition For Forfeiture?
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FAQ
Notice of Seizure and Intent to Forfeit The name of the notice that is given to the owner of property after a seizure has happened. This notice is given by the law enforcement agency that took the property.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Types of Forfeiture The most common type is an Administrative Forfeiture action under Minnesota Statute Section 609.5314. Items such as money, jewelry, motor vehicles, or firearms that are found near controlled substances or drug manufacturing equipment are subject to Administrative 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.
Under Minnesota's vehicle forfeiture law, police agencies may immediately seize a vehicle that was used in the commission of certain designated offenses ? most notably a 1st or 2nd Degree DWI. This can occur regardless of whether the vehicle was being driven by the owner or not.
Minn. Stat. §§609.531 to 609.5318. Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a "designated offense".
There is a presumption that a vehicle is subject to forfeiture if: (1) the driver is convicted of the designated offense on which the forfeiture is based; or (2) the driver's conduct results in a designated license revocation and the driver does not seek timely judicial review or judicial review is upheld. Minn. Stat.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Ing to Minnesota Statute § 169A. 63, vehicle forfeiture can occur when a car is used to commit certain DWI crimes. This means that having your vehicle seized is a potential consequence of a second-degree or felony-level DWI.