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Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
Property bond – the accused or a person acting on his behalf pledges real property having a value at least equal to the amount of the bail. If the principal fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail. Used in rare cases and in certain jurisdictions.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to ...
Conviction of the property owner is required, but the property owner is required to contest the forfeiture. Conviction provision does not apply if the owner agreed to help investigators in exchange for immunity or a reduced sentence. Once the owner is convicted, the property must be linked to the crime via clear and convincing evidence.
Fink said it is a "very rare occasion" in which someone convicted of a nuisance property charge ends up in jail because most offenders get their properties cleaned up once they realize ...
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence.
The expungement of a conviction is permitted after five years after the completion of the sentence / probation if there have been no further convictions during that time period, and certain other conditions have been met – KRS 431.078. Sex offenses, and crimes against children are not eligible for expungement.
Part XII.2 of the Criminal Code, a federal statute, provides a national forfeiture régime for property arising from the commission of a designated offence (i.e. most indictable offences), subsequent to conviction. Provision is also made for the use of restraint and management orders to govern such property during the course of a criminal ...