Middlesex Massachusetts Petition for Forfeiture
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FAQ
Civil forfeiture allows police to seize and then keep or sell any property they allege is involved in a crime. 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.
AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR.
A civil forfeiture is clearly the taking of a person's property, but since it is a civil process and not a criminal proceeding, the property owner is denied the due process protections found in criminal actions although they are receiving a criminal penalty for criminal behavior.
Your creditor has a choice of three types of seizure: seizure in the hands of a third party; seizure of movable property; seizure of immovable property.
Forfeiture takes two distinct forms -- criminal and civil. Nearly all contemporary forfeiture involves the civil variety. 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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
In law, a forfeiture is the loss of rights or goods due to not fulfilling some obligation. For example, failing to make car payments to a bank can result in the forfeiture of your car. the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc.
Understanding Civil Forfeiture in New Jersey It applies to any piece of property the defendant owns that was either used in the commission of a crime or was purchased with the proceeds from a crime. The prosecutor will then file a civil forfeiture action for the propertya house, car, boatto be forfeited to the State.
Police can seize not only cash from cars but real estate such as a person's home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner's awareness.