Colorado Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
Colorado earns a C for its civil forfeiture laws. Somewhat higher bar to forfeit: Prosecutors must provide clear and convincing evidence that property is connected to a crime. Stronger protections for the innocent: The government must prove third-party owners knew about criminal activity connected to their property.
A general example of forfeiture is a failure to make payment under a contract for the sale of immovable property. The advance for purchase of property is likely to be forfeited under the contract.
Forfeiture is a legal mechanism whereby the government can take property that is used or acquired illegally, especially property associated with illicit drug trafficking.
Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
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.