Suffolk New York Petition for Forfeiture

State:
Multi-State
County:
Suffolk
Control #:
US-01611
Format:
Word; 
Rich Text
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.

Suffolk New York Petition for Forfeiture: A Comprehensive Overview Keywords: Suffolk New York, Petition for Forfeiture, civil asset forfeiture, asset seizure, criminal activity, law enforcement, property rights, due process, judicial process Description: The Suffolk New York Petition for Forfeiture refers to a legal process initiated by the local law enforcement authorities in Suffolk County, New York. Through this petition, law enforcement agencies aim to seize and forfeit property, assets, or currency believed to be associated with criminal activity. Under the principles of civil asset forfeiture, law enforcement officials have the authority to seize assets or cash that they suspect are the proceeds of illegal activities, such as drug trafficking, money laundering, organized crime, or other serious offenses. A Suffolk New York Petition for Forfeiture is filed with the appropriate court to start the legal process required to confiscate the identified property. The primary objective of a Petition for Forfeiture is to ensure that crime does not pay. It holds individuals accountable for their involvement in criminal activities by targeting the financial gains generated from such acts. By disrupting criminal networks and removing their ill-gotten gains, the Suffolk New York authorities aim to weaken the infrastructures that support illegal activities, thereby fostering a safer community. It is crucial to emphasize that the Suffolk New York Petition for Forfeiture is a legal process that should adhere to constitutional and procedural safeguards. These safeguards aim to protect the property rights and due process rights of individuals affected by asset seizures. The petition undergoes thorough scrutiny by the court system to assess the legitimacy and validity of the law enforcement agency's claims. Different Types of Suffolk New York Petition for Forfeiture: 1. Drug-related Forfeitures: These petitions involve assets suspected to be acquired directly or indirectly through drug trafficking or illicit drug-related activities. 2. Money Laundering Forfeitures: Petitions targeting assets obtained through money laundering activities that involve transferring illegally obtained funds through legitimate financial transactions. 3. Organized Crime Forfeitures: Specifically focused on assets linked to organized crime activities, such as racketeering, extortion, or other criminal enterprises. 4. Property-based Forfeitures: These petitions involve the seizure and potential forfeiture of property used to commit a crime or acquired through criminal means. Examples include vehicles, real estate, and other items associated with criminal activity. It is important to note that the Suffolk New York Petition for Forfeiture is only the first step in the legal process. Once the petition is filed, individuals affected by asset seizures have the opportunity to defend their property and contest the forfeiture in court. The court will evaluate the evidence, examine the legality and legitimacy of the seizure, and ensure that the due process rights of the individuals involved are protected. Overall, the Suffolk New York Petition for Forfeiture serves as a mechanism for law enforcement agencies to combat criminal activity by targeting and eliminating the ill-gotten gains of those engaged in illegal practices. However, the process must remain fair and transparent, upholding the fundamental rights of individuals throughout the judicial proceedings.

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FAQ

The judge's involvement may be required to resolve disputes during the pendency of the case or at the end to sign off on your divorce. The only way to get a judge assigned in your case is to file a Request for Judicial Intervention (RJI). The county clerk's office charges a $95.00 filing fee for the RJI.

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

The New York state court system that provides for the continuous supervision of each action or proceeding by a single judge. Actions and proceedings are randomly assigned to the judges of the court once a party files a request for judicial intervention (RJI).

Definition: RJI is an abbreviation for Request for Judicial Intervention. It's a form that is filed by either a plaintiff or defendant sometime after the summons and complaint is served on the defendant in a civil case. Filing Effect: When an RJI is filed, the civil case is assigned to a judge.

How can I commence a civil suit? Civil actions are generally commenced by an attorney filing a Summons and Verified Complaint with the correct filing fee. You must file a District Court civil summons form.The summons must be issued (signed) by an attorney, or a Judge, or a Court Clerk.

The court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed. An RJI may be filed at any time after service of process and must conform to the requirements of 22 NYCRR § 202.6.

Getting a Judge Assigned to Your Case (Supreme and County Court RJI) Supreme Court cases are not assigned to a Judge until one of the parties files a Request for Judicial Intervention (RJI) form and pays the filing fee.

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

More info

District Attorney of Suffolk County v Grazio 2019 NY Slip Op 29259. Extent and Nature of Asset Forfeiture in the United States. 27.All Illinois Courts must accept these forms. PETITION filed in the Superior Court on January 12, 1971. Additional experience may not be accepted after the application is reviewed. , property was unlawfully seized or used without.

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Suffolk New York Petition for Forfeiture