Motion Form Criminal Forfeiture
Description
How to fill out Motion For New Trial?
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FAQ
Illinois state law authorizes the ?civil forfeiture of property which is used or intended to be used in? illegal drug activity. Unlike a traditional fine or criminal penalty assessed following a trial, civil asset forfeiture allows the police to immediately take a suspect's property.
Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington, ...
The term ?non-CAFRA? refers to forfeiture cases not governed by the Civil Asset Forfeiture Reform Act of 2000 (?CAFRA?), which is codified, in part, in 18 U.S.C. § 983. When CAFRA was enacted, however, Congress expressly excluded the Customs laws codified in Title 19 of the United States Code.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
Canada has conviction-based forfeiture provisions in its criminal law. In 2009, Canada's highest court ruled that the Canadian NCB laws were constitutional, finding their dominant purpose a civil one: making crime unprofitable by capturing the fruits of crime and making resources unavailable to fund future crime.