South Carolina FORFEITURE is a legal process by which a person's property is taken by the state and sold at public auction. The funds from the sale of the property are then used to benefit the public. There are two types of South Carolina FORFEITURE: criminal forfeiture and civil forfeiture. In criminal forfeiture, a person's property is taken due to criminal activity. This includes items used in the commission of a crime, such as drugs, money, and firearms. In civil forfeiture, property is taken if it is suspected to have been involved in an illegal activity. This includes money obtained through illegal activities, as well as assets acquired with money obtained illegally. In either case, the property is sold at a public auction and the funds are used for public benefit.
South Carolina FORFEITURE
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The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.
Civil forfeiture is one of the biggest threats to property rights in South Carolina. It allows law enforcement to take cash, cars, homes and other property from South Carolinians without so much as charging ?let alone convicting?the owner with a crime and then profit from the proceeds.
This defense is often known as the innocent owner defense. To avoid forfeiture under the innocent owner defense, the owner must show that he or she did not consent to the use of the property for any illegal activity and was not involved in any criminal activity related to the 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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
The Asset Forfeiture Program's primary goals are: To punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities. To promote and enhance cooperation among federal, state, local, tribal, and foreign law enforcement agencies.
What are the types of Asset Forfeiture? Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant.Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.
Examples of asset forfeiture include: police taking ownership of several kilos of cocaine in a drug possession case. the government keeping a hunting knife that was used in an assault with a deadly weapon case.