Defendant’s rights when facing forfeiture in Savannah, Georgia

Defendant’s rights when facing forfeiture in Savannah, Georgia

Your rights, and the process involved in criminal forfeiture, differs significantly from state to state, and even based on the law you are accused of breaking. If you are facing criminal forfeiture of your property, you may be given notice in advance of your prosecution. Many times, criminal forfeiture proceedings will be started at the time of, or after conviction.

The manner in which forfeiture will be dealt with, and if the proceedings are “criminal” or “civil” in nature, will differ substantially from state to state. It is generally advisable to seek assistance from an attorney, if you are facing any type of forfeiture proceeding.

Civil forfeiture is similar in numerous ways to criminal forfeiture. However, while criminal forfeiture imposes 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 be initiated, the property’s owner must be convicted of a crime, whereas civil forfeiture can occur although the owner is acquitted. In some instances, the property owner may not even be charged with a criminal offense. Civil forfeiture actions must establish “beyond a reasonable doubt” that the property has a enough relationship to a crime to mandate its forfeiture under the law. Criminal cases should be tried under the much higher standard of, “Guilty beyond a reasonable doubt.”

If you are facing forfeiture in Savannah, Georgia , contact an attorney immediately.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney