New Jersey Agreed Order and Final Judgment - Awarding Forfeiture
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How to fill out Agreed Order And Final Judgment - Awarding Forfeiture?
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FAQ
The term ?asset forfeiture? means the government is taking someone's property because they believe it was acquired through criminal conduct or it was used to commit a crime. Asset forfeiture laws in California are often used by law enforcement to seize all types of property and even money.
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.
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.
The protection under the law extends to areas where an individual has a ?reasonable expectation of privacy?. Those areas that society would view as falling within a legitimate zone of privacy, cannot be searched without a warrant absent application of an Exception to the Warrant Requirement.
What is Asset Forfeiture? Forfeiture is the government taking of property, because it was used or obtained in violation of the law. Assets subject to seizure include cars, cash, real estate, or anything of value used to commit a drug crime or bought with drug proceeds.
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.
