New Jersey Petition for Forfeiture of Auto - 41-29-101
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FAQ
The New Jersey forfeiture law (N.J.S.A. 2C:64-1) states that the following classes of property are subject to seizure: Any proceeds from an illegal activity, such as cash from drug dealing. Property that is integral to the illegal acts, like money financing illegal gambling.
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 Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
If you have been arrested and charged with a criminal offense in New Jersey, your property including, but not limited to, cash, car and/or home, may be subject to what is known as a ?civil forfeiture? under certain circumstances.
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. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.
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, ...