Information on Vehicle Forfeiture
Forfeiture proceedings are civil
actions, but are typically initiated in conjunction with an arrest
for a criminal offense, and begin with the seizure of property.
The basis for taking the property will be allegations that the
property was connected to criminal wrongdoing. Any property is
subject to seizure depending on the circumstances, but cash and
automobiles are the items most commonly seized.
A person who commits either a second
or subsequent violation of DUI or, in some cases, Driving on a
Revoked License, is subject to having the vehicle he or she was
driving seized and forfeited to the State. If the owner's interest
in the automobile is forfeited, the State may sell the vehicle
and keep the proceeds, or otherwise use the vehicle for governmental
purposes.
Likewise, any cash, automobiles,
or other property used in the commission of certain drug offenses
is also subject to seizure and forfeiture. Property may also be
forfeited if it is the proceeds of any criminal offense.
In order to contest the forfeiture
of property, a claimant must ordinarily file a petition for the
return of the property within 30 days of receiving notice of seizure.
Failure to file a claim within this period will act as a waiver
of any right the person has to recover this property. The claimant
must also include with their petition the anticipated court costs
or a cost bond as security for the court costs.
Property may be subject to forfeiture
even if the person from whom the property is being forfeited is
acquitted or found not guilty of the charge underlying the initial
seizure.
Because the facts, law, and circumstances
of each case vary, it is important for person in need of a lawyer
to meet individually with counsel to obtain specific advice. The
information contained on this website is no substitute for individual
consultation.
