The procedure in which forfeiture will be handled, and if the proceedings are "criminal" or "civil" in nature, will differ hugely from state to state. It is usually advisable to seek help from an experienced Savannah, GA forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture occurs if, after the owner is convicted of a criminal activity, and if forfeiture is permitted under the rules of the prosecuting state, it is shown that your property has a sufficient relationship to the offense to mandate depriving you of the property rights. For example, your jurisdiction can have a law which provides the judge the right to forfeit your vehicle, when you are convicted of drunk driving. The prosecutor's office may ask for forfeiture of your property even your business or home if you are convicted of particular offenses, such as drug trafficking or racketeering. Civil forfeiture is similar in numerous ways to criminal forfeiture. However, whereas criminal forfeiture imposes an extra penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to start, the property’s owner should be convicted of a crime, but civil forfeiture can take place although the owner is acquitted.
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