Your rights when facing forfeiture in Chattahoochee County, Georgia
Defendant’s rights, and the process involved in criminal forfeiture, varies significantly from state to state, and even depending upon the statute you are charged of violating. When you are facing criminal forfeiture of your property, you may be given notice in advance of your prosecution. Many times, criminal forfeiture process will be initiated at the time of, or subsequent to conviction.
The manner in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is often advisable to seek advise from a lawyer, if you are facing any type of forfeiture action.
Civil forfeiture is very much like criminal forfeiture in many ways. However, whereas criminal forfeiture imposes an additional penalty upon the property’s owner for the wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to result, the property’s owner ought to be convicted of a crime, while civil forfeiture might occur although the owner is acquitted. In few cases, the property owner may not even be charged with an offense. Civil forfeiture actions must establish "beyond a reasonable doubt" that the property has a sufficient relationship to an offense to justify its forfeiture under the law. Criminal cases should be tried using the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Chattahoochee County, Georgia , contact a law firm immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
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