The manner in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will differ substantially from state to state. It is often advisable to take advise from an experienced Muscogee County, Georgia forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture happens when, after the owner is convicted of a crime, and if forfeiture is permitted under the laws of the jurisdiction, it is proved that the property has a sufficient connection to the criminal offense to justify depriving the owner of the property rights. For example, your state may have a law which gives the court the right to forfeit your car, if you are convicted of DUI. The prosecutor's office can ask for forfeiture of your properties including your business or home if you are convicted of certain offenses, such as drug trafficking or racketeering. Civil forfeiture is similar in many ways to criminal forfeiture. However, whereas criminal forfeiture imposes an additional penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner should be convicted of a crime, but civil forfeiture may take place although the owner is acquitted.
-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com
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