Defendant’s rights when facing forfeiture in Liberty County, Georgia
Defendant’s rights, and the procedure involved in criminal forfeiture, differs largely from state to state, and also depending upon the statute you are charged of breaking. If you are facing criminal forfeiture of your property, you might be informed in advance of your prosecution. Many times, criminal forfeiture proceedings will be started at the time of, or after conviction.
The procedure in which forfeiture will be dealt with, and whether the proceedings are “criminal” or “civil” in nature, will vary substantially from state to state. It is often advisable to seek help from a lawyer, if you are facing any kind of forfeiture proceeding.
Civil forfeiture is similar in many ways to criminal forfeiture. But, whereas criminal forfeiture means to impose an additional penalty upon the property’s owner for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to result, the owner of the property ought to be convicted of a crime, while civil forfeiture might occur although the owner is acquitted. In few cases, the property owner might not even be charged with an offense. Civil forfeiture actions must show “beyond a reasonable doubt” that the property has a sufficient connection to a crime to mandate 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 Liberty County, Georgia , contact an attorney immediately.
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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
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