Utah Petition for Forfeiture
Description
How to fill out 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.
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.
For example, if your car was used to sell drugs or if your cash is the proceeds of drug activity, the police may seize your property and hold it. However, you are still the owner of your property and you may request a judge to order that your property be returned to you.
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.
A criminal case involving the seized property. If a criminal case is filed, the agency will hold your property until all criminal proceedings and related cases are final. As part of the criminal case, the prosecution could ask that you lose your right to the property. This is called forfeiture.
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.
A bail forfeiture is treated as though you entered a guilty plea, and is considered to be a conviction. This conviction becomes part of your criminal record, and may show up on a background check or criminal history report.
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.
