Massachusetts Agreed Order and Final Judgment - Awarding Forfeiture
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How to fill out Agreed Order And Final Judgment - Awarding Forfeiture?
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FAQ
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.
Civil asset forfeiture is the legal process that allows law enforcement to take property they believe is used or intended to be used in committing certain crimes. The owners of the property do not have to be charged with a crime for the property to be taken.
All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this subchapter.
Civil forfeitures are subject to the "excessive fines" clause of the U.S. Constitution's 8th amendment, both at a federal level and, as determined by the 2019 Supreme Court case, Timbs v. Indiana, at the state and local level.
Despite these concerns, it is legal in Georgia. However, state, local, and federal forfeitures are subject to severe restrictions. Here is a bit more on the legality of civil asset forfeiture.
A: There are different legal theories of forfeiture. Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.
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.
The laws in Massachusetts surrounding civil forfeiture are among the worst, perhaps THE worst, in the country. A quick web search for "Massachusetts civil forfeiture laws" will reveal this fact, along with numerous state bills that have been filed, yet time and time again shut down, to change these unfair laws.
