Contract Law Forfeiture In Bronx
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Under New York State law, District Attorneys can forfeit “proceeds” of crime and “instrumentalities” of crime. However, in New York, state prosecutors cannot forfeit real property, except in certain drug cases. That means that they are relatively powerless to go after your home.
The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable forfeiture statute.
How is Civil Forfeiture Constitutional? Allowing the government to permanently confiscate an innocent person's life savings or their home seems like a clear-cut constitutional violation. Unfortunately, the Supreme Court has effectively carved out multiple exceptions to the Bill of Rights for civil forfeiture.
If you want to know how to fight civil forfeiture effectively, contact a lawyer immediately. They can help you find evidence, gather witnesses, and craft a tailor-made strategy to help get back what is rightfully yours. If you don't contest forfeiture, the government can take your property permanently.
TO CONTEST THE FORFEITURE OF THE PROPERTY IN UNITED STATES DISTRICT COURT YOU MUST FILE A CLAIM. Failure to file a claim may result in the seized property being forfeited to the United States. To file a claim: A claim must be filed with the agency that gave notice of the seizure and intent to forfeit.
Innocent Owner Defense This defense is potentially available in all types of asset forfeiture cases to innocent third party owners who can prove ownership of the seized property and show that they did not know about or did not consent to the illegal use of their property.
There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
The bringing to an end of a legal right or interest, usually a proprietary interest. Forfeiture generally occurs where one party exercises a legal right that results in a second party forfeiting, or losing, a right or interest.
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.
