Philadelphia Pennsylvania Petition for Forfeiture

Name: Philadelphia Pennsylvania Petition for Forfeiture
Brand: US Legal Forms
Rating: 4.76 (465 reviews)

Category:

Criminal - Forfeitures

State:

Multi-State

County:

Philadelphia

Control #:

US-01611

Format:

Instant download

Description

This form is a sample Petition for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity. Adapt to fit your facts.

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How to fill out Philadelphia Pennsylvania Petition For Forfeiture?

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FAQ

Law enforcement officials argue that civil asset forfeiture is an important tool in the fight against crime. It can be used to deprive criminals of the money and resources they need to continue operating outside the law.

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.

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.

Under Pennsylvania's civil asset forfeiture laws, the Commonwealth can legally take property it proves is connected to illegal activity without even charging (or convicting) the property owner of a crime.

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.

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding.

Asset forfeiture is designed to deprive criminals of the proceeds of their crimes, to break the financial backbone of organized criminal syndicates and drug cartels, and to recover property that may be used to compensate victims and deter crime.

In criminal forfeiture, the government takes property after obtaining a conviction, as part of the defendant's sentence. In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime.

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The Philadelphia District Attorney's Office is dedicatated to making our city a safer, fairer and more just community. Alison J. Guest, Assistant District Attorney, Philadelphia, for appellee.Krasner, a former defense attorney and criminal justice reformer, once called forfeiture "an abusive process. Forfeiture Order in April 2006 which the Commission quickly denied. My notice included a sample blank petition for remission or mitigation and a blank declaration in support of request to proceed in forma pauperis.

Philadelphia Pennsylvania Petition for Forfeiture

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Why civil forfeiture is important for law enforcement?

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What is the difference between criminal and civil forfeiture?

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