West Virginia Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
A forfeiture by wrongdoing is defined under the Federal Rules of Evidence, as a statement made by a declarant that normally qualifies as hearsay and would therefore not be admissible can be admitted under the forfeiture by wrongdoing exception to the hearsay rule.
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.
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.
The laws of Virginia allow law enforcement to seize money, property, and vehicles allegedly connected with terrorism (19.2-386.15); prostitution (19.2-386.16); transporting stolen property (19.2-386.16); money laundering (19.2-386.19); illegal gambling (19.2-386.30); exploitation of children (19.2-386.31, 19.2-386.32); ...
Controlled substances which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state upon the seizure of the controlled substances.
§982. Criminal forfeiture. (a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.
What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.
Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.