Delaware Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
All moneys, negotiable instruments or securities found in close proximity to forfeitable controlled substances, or to forfeitable records of the importation, manufacture or distribution of controlled substances are presumed to be forfeitable under this paragraph.
The trial is usually scheduled 70 days after indictment or filing of an information, if no continuances are granted. However, due to current court backlogs, many cases take over a year to come to trial. You must testify if called as a witness. Check with the prosecutor before the trial date.
If you filed a Petition and the Respondent(s) has filed an answer/entered an appearance, but agrees to dismiss the case, you may file a Stipulation of Dismissal (Form 520). This stipulation must be signed by all parties who have filed a pleading or have come to Court for the case.
A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.
A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. It shall be made in the manner prescribed in 10 Del. C. § 4512 and shall be granted under the conditions prescribed in that statute.
The Court may order an action dismissed, sua sponte, upon notice of the Court, for failure of a party diligently to prosecute the action, for failure to comply with any rule, statute, or order of the Court, or for any other reason deemed by the Court to be appropriate.