New Mexico Agreed Judgment of Forfeiture
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FAQ
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process.
What is an asset forfeiture money judgment? A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.
Highest bar to forfeit: New Mexico has only criminal forfeiture.
Forfeiture Overview Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ... Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.
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.
The Supreme Court has generally upheld the principle of civil forfeiture. ing to the Justice Department, there are three main justifications for civil forfeitures: Punishment and deterrence. To punish and deter criminal activity by depriving criminals of property used or acquired through illegal activities.
Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of criminals located outside the United States, including terrorists, and fugitives.
