New Jersey Petition for Forfeiture
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FAQ
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Remission and mitigation are administrative remedies for recovering property that has been legally forfeited pursuant to either an administrative or a judicial proceeding.
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.
The New Jersey forfeiture law (N.J.S.A. 2C:64-1) states that the following classes of property are subject to seizure: Any proceeds from an illegal activity, such as cash from drug dealing. Property that is integral to the illegal acts, like money financing illegal gambling.
Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington, ...
The term ?asset forfeiture? means the government is taking someone's property because they believe it was acquired through criminal conduct or it was used to commit a crime. Asset forfeiture laws in California are often used by law enforcement to seize all types of property and even money.
What is remission? The Attorney General or the seizing agency may return forfeited property to an owner or lienholder of the property, or to a victim of the crime underlying the forfeiture, if certain eligibility criteria are met. The federal regulations governing remission are at 28 C.F.R. § 9.
Reprieve or Remission of Fines and Forfeitures: A recommendation made by the Board of Pardons and Paroles and/or action taken by the Governor to reduce and/or remove a fine or forfeiture. Victim, Definition: A person against whom a crime or delinquent act is committed.
