Defendant’s rights when facing forfeiture in Columbus, Georgia
Defendant’s rights, and the procedure involved in criminal forfeiture, will differ significantly from state to state, and even depending upon the statute you are accused of violating. If you are facing criminal forfeiture of your property, you may be informed in advance of your prosecution. At times, criminal forfeiture proceedings will be initiated at the time of, or subsequent to conviction.
The procedure in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will differ hugely from state to state. It is generally advisable to seek assistance from a lawyer, if you are facing any type of forfeiture proceeding.
Civil forfeiture is similar in numerous ways to criminal forfeiture. However, while criminal forfeiture imposes an extra penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to result, the property’s owner should be convicted of a crime, however civil forfeiture can take place even if the owner is acquitted. In some cases, the property owner may not even be charged with an offense. Civil forfeiture actions must demonstrate "beyond a reasonable doubt" that the property has a enough connection to a criminal activity to mandate its forfeiture under the law. Criminal cases must be tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Columbus, Georgia , contact a law firm immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
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