Wisconsin Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
Asset forfeiture is the government's legal right to take someone's property due to a reasonable suspicion it was acquired through illegal conduct or was used to commit a crime.
A forfeiture is an order of the court mandating the surrender of property to the court. In most instances, a forfeiture mandates the surrender of money to the court (also called a fine), but the court may order the surrender of personal property such as an automobile or real property, being land or a building.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Illinois state law authorizes the ?civil forfeiture of property which is used or intended to be used in? illegal drug activity. Unlike a traditional fine or criminal penalty assessed following a trial, civil asset forfeiture allows the police to immediately take a suspect's property.
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.
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.
Illinois state law authorizes the ?civil forfeiture of property which is used or intended to be used in? illegal drug activity. Unlike a traditional fine or criminal penalty assessed following a trial, civil asset forfeiture allows the police to immediately take a suspect's property.
(a) For a Class A forfeiture, a forfeiture not to exceed $10,000. (b) For a Class B forfeiture, a forfeiture not to exceed $1,000. (c) For a Class C forfeiture, a forfeiture not to exceed $500. (d) For a Class D forfeiture, a forfeiture not to exceed $200. (e) For a Class E forfeiture, a forfeiture not to exceed $25.