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Old September 14, 2012, 03:09 PM   #5
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,451
Forfeiture statutes differ from jurisdiction to jurisdiction. In my state, there has to be a conviction first. In the federal system (and maybe some states) you don't have to have a criminal conviction. The government just has to prove it was used in a crime or was the fruit of a crime. The administrative forfeiture provisions discussed in this thread allow the trial to be conducted by an administrative hearing officer, not a jury or full fledged judge (or even a magistrate judge). The party can appeal.

I may be wrong but I believe the standard of proof in a civil forfeiture proceeding is clear and convincing evidence. That's more than a preponderance (most civil cases) and less than beyond a reasonable doubt (criminal).
KyJim is offline  
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