What does forfeiture mean in law?

What does forfeiture mean in law?

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.

What is forfeiture in criminal law?

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.

What is an administrative forfeiture?

Administrative forfeiture is an in rem proceeding that allows a federal government agency to forfeit property without filing a federal case, involving a judge, or doing any court litigation for that matter.

Which are the two standard form of forfeitures?

Forfeiture takes two distinct forms — criminal and civil. Nearly all contemporary forfeiture involves the civil variety. Criminal forfeiture operates as punishment for a crime.

What are the types of forfeiture?

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

What are the two standard form of forfeitures?

Forfeiture takes two distinct forms — criminal and civil. Nearly all contemporary forfeiture involves the civil variety. 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.

What is a forfeiture notice?

the name of the notice that is given to property owners to appear in court to say why the property shouldn’t be forfeited.

What is the difference between civil and criminal forfeiture?

In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime. In theory, criminal forfeiture is a punishment, while civil forfeiture is remedial.

What is the meaning of forfeiture?

Forfeiture is a broad term that can be used to describe any loss of property without compensation. A forfeiture may be privately arranged. For example, in a contractual relationship, one party may be required to forfeit specified property if the party fails to fulfill its contractual obligations.

What does forfeiture of real property mean?

In civil asset forfeiture cases involving real property, the government actually sues the property itself and the property owner is treated as a third party claimant. Civil forfeitures of real property are initiated as judicial forfeitures, meaning a court with competent jurisdiction must oversee the seizure.

What is criminal forfeiture and civil forfeiture?

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding.