The Illinois Civil Asset Forfeiture Subsequent Case Management Order is a court order that is issued after a civil asset forfeiture case is initiated. This order establishes the rules for managing the forfeiture case and outlines the procedures for filing and responding to pleadings, conducting discovery, and deciding the case. The order also sets forth the specific rules for determining when a party is entitled to a jury trial and when a bench trial may be appropriate. There are several types of Illinois Civil Asset Forfeiture Subsequent Case Management Orders, including: • Preliminary Order: This type of order establishes the facts of the case and the procedures that will be used to manage it. • Case Management Order: This order sets forth the specific rules for discovery, motions, and hearings related to the case. • Final Order: This type of order is issued after the court has heard all the evidence and arguments, and it determines the final outcome of the case. • Post-Judgment Order: This order is issued after the court has rendered its decision, and it sets forth the procedures for collecting any fines or penalties imposed by the court.
Illinois Civil asset Forfeiture Subsequent Case Management Order
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How to fill out Illinois Civil Asset Forfeiture Subsequent Case Management Order?
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Article 36 is a statute in the Illinois Criminal Code, found at 720 ILCS 5/36-1. It reads as follows: Any vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit an offense?
The outcome of the case will determine the ability of state law enforcement to use civil asset forfeiture. Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico.
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.
While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process.
Common types of assets seized through asset forfeiture include the following: Money, bank accounts, securities, or other financial instruments. Real estate, including land or buildings. Raw materials.
CASE MANAGEMENT ORDER ? CATEGORY 2 CASES The intent of this order is for the parties to complete all discovery and for the court to rule on all dispositive motions within 26 months following the filing of the complaint.