New Jersey Civil Forfeiture
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FAQ
Civil forfeiture, legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime. The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organized crime.
Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.
The New Jersey forfeiture law (N.J.S.A. 2C:64-1) states that the following classes of property are subject to seizure: Any proceeds from an illegal activity, such as cash from drug dealing. Property that is integral to the illegal acts, like money financing illegal gambling.
Also in 1996, the Supreme Court in Bennis v. Michigan held that the innocent owner defense is not constitutionally mandated by Fourteenth Amendment Due Process in cases of civil forfeiture. In 1998, the Court continued to uphold civil forfeiture in United States v.
Table of Contents. civil forfeiture, legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime. The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organized crime.