Maryland Petition for Forfeiture

State:
Multi-State
Control #:
US-01611
Format:
Word; 
Rich Text
Instant download

Description

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

A criminal conviction is required, and forfeiture is part of the defendant's sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant's illegal activity.

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.

Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.

Fines and fees include parking tickets and speeding tickets (including those from traffic cameras), court-imposed fees used to cover administrative costs and other criminal justice-related charges and penalties. A forfeiture is when the police seize property that is believed to be connected to a crime.

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.

(4) Satisfaction of Forfeiture. Within 90 days from the date the defendant fails to appear, which time the court may extend to 180 days upon good cause shown, a surety shall satisfy any order of forfeiture, either by producing the defendant in court or by paying the penalty sum of the bond.

The court will mail a summons to you. The summons must then be hand delivered to the defendant. The process server may also hand deliver the summons to an adult at the defendant's home who also lives there.

What is an asset forfeiture money judgment? A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.

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Maryland Petition for Forfeiture