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A criminal conviction is required, and forfeiture is part of the defendant's sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant's illegal activity.
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.
(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.
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.
969.13 Forfeiture. (1) If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.
Wisconsin earns a A- for its civil forfeiture laws. Once the conviction provision is satisfied, property must be linked to the crime by clear and convincing evidence. Stronger protections for the innocent: The government must prove third-party owners knew about criminal activity connected to their property.