The North Carolina Agreed Order and Final Judgment — Awarding Forfeiture is a legal process that occurs in the state of North Carolina. In this procedure, parties involved in a legal case, such as the plaintiff and the defendant, reach an agreement and consent to a final judgment that involves the forfeiture of certain assets. Keywords: North Carolina, Agreed Order, Final Judgment, Awarding Forfeiture, legal process, parties, agreement, consent, assets. There are various types of North Carolina Agreed Orders and Final Judgments — Awarding Forfeiture, depending on the nature of the case and the assets involved. Some common types include: 1. Civil Asset Forfeiture: This type of agreed order and final judgment occurs in civil cases where law enforcement seizes assets believed to be connected to illegal activities such as drug trafficking, money laundering, or organized crime. The parties involved agree to the forfeiture of the assets, and a final judgment is issued by the court. 2. Forfeiture of Property: This type of agreed order and final judgment involves the forfeiture of specific properties or real estate. It can arise in cases related to mortgage fraud, tax evasion, or illegal business activities. The parties agree to the forfeiture, and a final judgment is awarded. 3. Vehicle Forfeiture: In cases where vehicles are seized due to offenses such as driving under the influence (DUI), trafficking illegal substances, or involvement in a criminal act, an agreed order and final judgment may be issued for the forfeiture of the vehicle involved. 4. Cash and Currency Forfeiture: This type of agreed order and final judgment pertains to cases where large sums of cash or currencies are seized, usually in connection with money laundering activities or criminal financial transactions. The parties consent to the forfeiture, and a final judgment is rendered. 5. Assets related to Racketeering or Organized Crime: In more complex cases involving racketeering, organized crime, or illicit enterprises, an agreed order and final judgment may include the forfeiture of multiple assets, including properties, vehicles, cash, and other valuables. It is essential to consult with a legal professional or refer to specific North Carolina statutes when dealing with Agreed Orders and Final Judgments — Awarding Forfeiture, as the exact procedures and requirements may vary depending on the circumstances of the case.
North Carolina Agreed Order and Final Judgment - Awarding Forfeiture
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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.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
If you pay the bond and you meet all the judge's requirements, then the judge will order your bail as refundable. You then receive the money back ? minus any fees set by the court. If you don't meet the judge's requirements, the court can keep your bail.
Highest bar to forfeit in most cases: In general, North Carolina has only criminal forfeiture. However, prosecutors can pursue civil forfeiture in racketeering cases, where they must prove by preponderance of the evidence that property is connected to a crime.
[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.]
A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date. Some judges will give a bit of leeway, especially if that person has an attorney who can argue for them as to why they were not able to make it.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled; or (2) Is contraband or otherwise unlawfully possessed; or (3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or (4) ...
Civil asset forfeiture is a practice that allows law enforcement agencies to seize money or property?including bank accounts, real estate, and other personal property?if the person is suspected of being involved in criminal activity.
(a) If a defendant who was released under Part 1 of this Article upon execution of a bail bond fails on any occasion to appear before the court as required, the court shall enter a forfeiture for the amount of that bail bond in favor of the State against the defendant and against each surety on the bail bond.
Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.
