Ohio Jury Instruction - Forfeiture
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How to fill out Jury Instruction - Forfeiture?
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FAQ
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.
Property used in the commission of a crime, including vehicles and real estate. By being associated with the crime, the property is "guilty" of the offense and subject to seizure.
Under the state's asset forfeiture laws, Ohio Revised Code 2981.01, police have the right to seize property or assets that are alleged to have been earned by illegal activities. These properties and assets include: Your home, land, rental property, vacation home, or commercial property.
Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
