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Orbit Medical Phone: (800) 4300539 Fax: (800) 4300255DME REQUEST Formulas complete this form with every order to ensure Orbit has everything necessary to process the request in a timely manner. Account:.

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The United States Supreme Court has upheld the principle of civil asset forfeiture at the federal level. The Court ruled in Austin v. United States (1993) that such civil forfeiture, treated as punitive actions, are subject to the Excessive Fines clause of the Eighth Amendment.

Seized and forfeited items can include cash, buildings, land, motor vehicles, and airplanes (Stahl, 1992). Forfeiture laws can pertain to assets that facilitate criminal conduct (e.g., cars used in smuggling, houses used to store contraband) and/or those that are the proceeds of crime.

The Innocent Owner Defense - This is the most common defense to forfeiture. You can use this defense if you got the seized property before, during, or after the time of the crime that made the property subject to forfeiture.

Under Texas law, an asset forfeiture proceeding is civil and the property, not the owner, is charged with involvement in a crime. It has been shown that law enforcement agencies are using civil asset forfeiture to fill gaps in their budgets.

The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

Thirty-six states and the District of Columbia have taken steps to scale back their civil asset forfeiture laws since 2014. But only Maine—which enacted a law this year—Nebraska, New Mexico and North Carolina have completely abolished the practice.

Forfeiture to the government includes the surrender of property, money, or privileges as punishment for illegal or prohibited activities. This can be a civil or criminal process and often involves judicial proceedings.

Under the constitution, you can generally fight these cases in two key ways: Private Property Rights: You have a right to own property and live without unjust search and seizure. Due Process: If the government pursues legal action against you, you have the right to challenge the evidence.

If the owner is not charged within 90 days, the seized property must be returned immediately to its owner. Whether or not the seizure relates to drug activity, the government does not have to convict you of a crime in order to bring a forfeiture case.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232