Alabama Petition for Forfeiture of Auto - 41-29-101

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Multi-State
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US-01608
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This form is a sample Petition for Forfeiture. For use by authorities attempting to seize a vehicle or property connected with drug or other criminal activity. Adapt to fit your facts.
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FAQ

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

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.

Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Ma- ritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the ...

A forfeiture by wrongdoing is defined under the Federal Rules of Evidence, as a statement made by a declarant that normally qualifies as hearsay and would therefore not be admissible can be admitted under the forfeiture by wrongdoing exception to the hearsay rule.

Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

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Alabama Petition for Forfeiture of Auto - 41-29-101