A. Claims to the property shall be filed by way of answer to the complaint of forfeiture and shall be filed within thirty days of the date of service of the complaint.
B. The district courts have jurisdiction over forfeiture proceedings, and venue for a forfeiture proceeding is in the same court in which venue lies for the criminal matter for which the property is alleged to be subject to forfeiture.
C. The forfeiture proceeding shall be brought in the same proceeding as the criminal matter and presented to the same trier of fact; provided:
(1) the two issues shall be bifurcated;
(2) the rules of criminal procedure shall apply in the criminal matter and the rules of civil procedure shall apply in the forfeiture proceeding; and
(3) if the criminal defendant is represented by the public defender department, the chief public defender or the district public defender may authorize department representation of the defendant in the forfeiture proceeding.
D. If the state fails to prove, by clear and convincing evidence, that the person charged with the crime for which the property is alleged to be property subject to forfeiture is the owner of the property:
(1) the forfeiture proceeding shall be dismissed and the property shall be delivered to the owner, unless possession of the property is illegal; and
(2) the owner shall not be subject to any charges by the state for storage of the property or expenses incurred in the preservation of the property.
E. The court shall enter a judgment of forfeiture and the property shall be forfeited to the state if the state proves by clear and convincing evidence that:
(1) the property is subject to forfeiture;
(2) the criminal prosecution of the owner has resulted in a conviction; and
(3) the value of the property to be forfeited does not unreasonably exceed:
(a) the pecuniary gain derived or sought to be derived by the crime;
(b) the pecuniary loss caused or sought to be caused by the crime; or
(c) the value of the convicted owner's interest in the property.
A. Claims to the property shall be filed by way of answer to the complaint of forfeiture and shall be filed within thirty days of the date of service of the complaint.
B. The district courts have jurisdiction over forfeiture proceedings, and venue for a forfeiture proceeding is in the same court in which venue lies for the criminal matter for which the property is alleged to be subject to forfeiture.
C. The forfeiture proceeding shall be brought in the same proceeding as the criminal matter and presented to the same trier of fact; provided:
(1) the two issues shall be bifurcated;
(2) the rules of criminal procedure shall apply in the criminal matter and the rules of civil procedure shall apply in the forfeiture proceeding; and
(3) if the criminal defendant is represented by the public defender department, the chief public defender or the district public defender may authorize department representation of the defendant in the forfeiture proceeding.
D. If the state fails to prove, by clear and convincing evidence, that the person charged with the crime for which the property is alleged to be property subject to forfeiture is the owner of the property:
(1) the forfeiture proceeding shall be dismissed and the property shall be delivered to the owner, unless possession of the property is illegal; and
(2) the owner shall not be subject to any charges by the state for storage of the property or expenses incurred in the preservation of the property.
E. The court shall enter a judgment of forfeiture and the property shall be forfeited to the state if the state proves by clear and convincing evidence that:
(1) the property is subject to forfeiture;
(2) the criminal prosecution of the owner has resulted in a conviction; and
(3) the value of the property to be forfeited does not unreasonably exceed:
(a) the pecuniary gain derived or sought to be derived by the crime;
(b) the pecuniary loss caused or sought to be caused by the crime; or
(c) the value of the convicted owner's interest in the property.
A. Claims to the property shall be filed by way of answer to the complaint of forfeiture and shall be filed within thirty days of the date of service of the complaint.
B. The district courts have jurisdiction over forfeiture proceedings, and venue for a forfeiture proceeding is in the same court in which venue lies for the criminal matter for which the property is alleged to be subject to forfeiture.
C. The forfeiture proceeding shall be brought in the same proceeding as the criminal matter and presented to the same trier of fact; provided:
(1) the two issues shall be bifurcated;
(2) the rules of criminal procedure shall apply in the criminal matter and the rules of civil procedure shall apply in the forfeiture proceeding; and
(3) if the criminal defendant is represented by the public defender department, the chief public defender or the district public defender may authorize department representation of the defendant in the forfeiture proceeding.
D. If the state fails to prove, by clear and convincing evidence, that the person charged with the crime for which the property is alleged to be property subject to forfeiture is the owner of the property:
(1) the forfeiture proceeding shall be dismissed and the property shall be delivered to the owner, unless possession of the property is illegal; and
(2) the owner shall not be subject to any charges by the state for storage of the property or expenses incurred in the preservation of the property.
E. The court shall enter a judgment of forfeiture and the property shall be forfeited to the state if the state proves by clear and convincing evidence that:
(1) the property is subject to forfeiture;
(2) the criminal prosecution of the owner has resulted in a conviction; and
(3) the value of the property to be forfeited does not unreasonably exceed:
(a) the pecuniary gain derived or sought to be derived by the crime;
(b) the pecuniary loss caused or sought to be caused by the crime; or
(c) the value of the convicted owner's interest in the property.
