Appendix B: Civil Forfeiture Law Citations
Alabama |
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| Standard of proof | D | Preponderance of the evidence. Ala. Code § 20-2-93(o). |
| Innocent owner burden | A | Government. Ala. Code § 20-2-93(w). |
| Financial incentive | F | 100%. Ala. Code § 20-2-93(s). |
| Overall grade | D- | |
| Process | Ala. Code § 20-2-93 (forfeiture procedure); id. § 28-4-287 (bond for vehicle return); id. § 15-5-63 (expedited hearing); Ala. R. Civ. P. 4 (service of complaint). | |
Alaska |
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| Standard of proof | D | The government must show probable cause for the seizure, and the owner must show that the property is
not forfeitable by a preponderance of the evidence. Resek v. State, 706 P.2d 288, 290–91 (Alaska 1985); see also Alaska Stat. §§ 17.30.110, .114(a). |
| Innocent owner burden | F | Owner. Resek v. State, 706 P.2d 288, 290–91 (Alaska 1985); see also Alaska Stat. § 17.30.110(4)(A)–(B) (placing burden on owner with respect to any conveyance). |
| Financial incentive | C | Up to 75% in general; 100% if the property is worth $5,000 or less and something other than money.
Alaska Stat. § 17.30.112(c); see also id. § 17.30.122. |
| Overall grade | D+ | |
| Process | Alaska Stat. §§ 17.30.100 et seq. (forfeiture procedure). | |
Arizona |
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| Standard of proof | B- | Moderate conviction provision requires conviction of the owner, but not if forfeiture is uncontested.
After the conviction provision is satisfied, prosecutors must show that the property is subject to
forfeiture by clear and convincing evidence. Ariz. Rev. Stat. §§ 13-4304(A)–(F), -4308, -4314(A). |
| Innocent owner burden | A | Government. Ariz. Rev. Stat. § 13-4304(H)–(J). |
| Financial incentive | F | 100%. Ariz. Rev. Stat. §§ 13-2314.01(D), .03(D), 13-4315. |
| Overall grade | D- | |
| Process | Ariz. Rev. Stat. Ann. §§ 13-4301 et seq. (forfeiture procedure); Ariz. R. Civ. P. 4(i) (service of complaint). | |
Arkansas |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of the “person from whom the
property [was] seized,” and a court can waive the provision if the person fails to contest forfeiture or
if the person is granted immunity in exchange for helping investigators. After the conviction provision
is satisfied, prosecutors must show that the property is subject to forfeiture by a preponderance of the
evidence if the person contesting forfeiture was arrested for an offense giving rise to the forfeiture
and by clear and convincing evidence if the person was a third party not arrested for such an offense.
Ark. Code Ann. § 5-64-505(m)(1), (m)(2)(E), (g)(5)(B)(i)(a)–(b). |
| Innocent owner burden | F | Owner. Ark. Code Ann. § 5-64-505(a)(4)(B), (a)(6)(B), (a)(8)(A). |
| Financial incentive | F | 100% (80% to police and prosecutors, 20% to the state Crime Lab Equipment Fund) up to a maximum of
$250,000 from a single forfeiture. Any amount above $250,000 goes to the Special State Assets Forfeiture
Fund, a non-law enforcement fund. Ark. Code Ann. § 5-64-505(h)–(i); see also Ark. Op. Att’y Gen. No. 99-282, 2000 WL 297203 (Feb. 24, 2000). |
| Overall grade | D- | |
| Process | Ark. Code Ann. § 5-64-505 (forfeiture procedure); Ark. R. Civ. P. 4(i) (service of complaint). | |
California |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of “a defendant”—and only
for forfeitures of cash and cash equivalents less than $40,000, vehicles, and real property and only
when a claim is filed. After the conviction provision is satisfied, property must be linked to the crime
beyond a reasonable doubt. For contested forfeitures of cash over $40,000, the standard is clear and convincing evidence. In uncontested forfeitures, the government need only make a “prima facie case”—a very low standard akin to probable cause—that the property is subject to forfeiture. Cal. Health & Safety Code §§ 11488.4(i)(1)–(4), .5(b)(1); see also People v. $9,632.50 in U.S. Currency, 75 Cal. Rptr. 2d 125, 128 n.4 (Ct. App. 1998) (saying the standard of proof “in this case” for cash worth less than $25,000 is beyond a reasonable doubt). |
| Innocent owner burden | A | Government. Cal. Health & Safety Code § 11488.5(d). |
| Financial incentive | C | 76% (65% to police, 10% to prosecutors, 1% to a fund controlled by prosecutors). Cal. Health & Safety Code § 11489(b)(2). |
| Overall grade | C | |
| Process | Cal. Health & Safety Code §§ 11469 et seq. (forfeiture procedure); Cal. R. Ct. 3.110(b) (service of complaint). | |
Colorado |
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| Standard of proof | C | Clear and convincing evidence. Colo. Rev. Stat. §§ 16-13-307(1.7)(c) (public nuisance), -505(1.7)(c) (contraband), ‑509 (currency), 18-17-106(11) (racketeering). |
| Innocent owner burden | A | Government. Colo. Rev. Stat. §§ 16-13-303(5.1)(a), (5.2)(c), 16-13-504(2.1)(a), (2.2)(c). |
| Financial incentive | C | 75% (50% to law enforcement, 25% to a grant fund that distributes money to law enforcement). The
remaining 25% goes to drug rehabilitation programs. Colo. Rev. Stat. §§ 16-13-311(3)(a)(VII), -506(1), 18-17-106(2)(d). Note: This restriction does not apply to funds received through federal equitable sharing, which is available only in cases where more than $50,000 is seized. Colo. Rev. Stat. §§ 16-13-306.5, -504.5, -601. |
| Overall grade | C | |
| Process | Colo. Rev. Stat. §§ 16-13-501 et seq. (forfeiture procedure). | |
Connecticut |
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| Standard of proof | B- | Moderate conviction provision applies in drug, identity theft, and sex-trafficking cases, even when
forfeiture is uncontested. The provision does not require conviction of an owner, but only of a
“person.” For other crimes, the owner must be convicted. After the conviction provision is satisfied,
property must be linked to the crime by clear and convincing evidence. Conn. Gen. Stat. §§ 54-33g(a)–(c), (f), -36a(c), -36h(b)–(c), -36o(b), -36o(c) (“court shall hold a hearing”), -36p(b)–(c). |
| Innocent owner burden | A | Government. Conn. Gen. Stat. §§ 54-33g(a)–(b), -36h(b)–(c), -36o(b)–(c), -36p(b)–(c); see, e.g., State v. One 2002 Chevrolet Coupe, No. CV2200243, 2003 WL 824266, at *3–4 (Conn. Super. Ct. Jan. 23, 2003) (holding innocent owner could recover her property because state failed to prove by clear and convincing evidence that she knew about her son’s illegal activities). |
| Financial incentive | C | 69.5% (59.5% to police, 10% to prosecutors) in drug cases. In other cases, none. Compare Conn. Gen. Stat. § 54-36i(c), with id. §§ 54-33g(d)–(e), -36o(g), -36p(g). |
| Overall grade | C | |
| Process | Conn. Gen. Stat. §§ 54-36a, -36f, -36h (forfeiture procedure); Conn. Prac. Book 41-13 (2025), and State v. Redmond, 171 A.3d 1052 (Conn. App. Ct. 2017) (petition for return). | |
Delaware |
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| Standard of proof | D | Preponderance of the evidence. Forfeiture is not permitted unless a person is charged with a crime, but
no conviction is required. Del. Code Ann. tit. 16, §§ 4784(k), 4785(a). |
| Innocent owner burden | A | Government. Del. Code Ann. tit. 16, § 4785(b)–(c). |
| Financial incentive | F | Up to 100%. Del. Code Ann. tit. 11, §§ 4110–11; id. tit. 16, § 4784(f). |
| Overall grade | D- | |
| Process | Del. Code Ann. tit.16, § 4784; Del. R. Civ. P. 71.3 (forfeiture procedure). | |
District of Columbia |
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| Standard of proof | C- | In general, preponderance of the evidence. The standard of proof increases to clear and convincing
evidence for vehicles, real property, and currency up to $1,000. Weak conviction provision requires
conviction of “an owner,” but only for contested forfeitures of a primary residence. D.C. Code §§ 41-308(d)(1), (4), -302(c); see id. § 41-305(c) (procedure when uncontested). |
| Innocent owner burden | A | Government. D.C. Code §§ 41-302(b), -308(d)(1). |
| Financial incentive | A | No financial incentive. All currency and proceeds from sales of forfeited property must be deposited in
the general fund. D.C. Code § 41-310(a)(2)–(3). |
| Overall grade | B+ | |
| Process | D.C. Code §§ 41-301 et seq. (forfeiture procedure); D.C. R. Civ. P. 12 (time to answer), 71.1-I (forfeiture procedure), 4 (service of complaint). | |
Florida |
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| Standard of proof | C+ | Beyond a reasonable doubt. Fla. Stat. § 932.704(8); Hudson v. City of Sunrise, 237 So. 3d 1031, 1034 n.2 (Fla. Dist. Ct. App. 2018). |
| Innocent owner burden | A | Government. Fla. Stat. § 932.703(7); Gomez v. Vill. of Pinecrest, 41 So. 3d 180, 184–85 & n.2 (Fla. 2010) (explaining that Florida law changed in 1995 to place the burden of proof on the seizing agency). |
| Financial incentive | C | Up to 75%. Fla. Stat. § 932.7055(5)(c)(3). |
| Overall grade | C | |
| Process | Fla. Stat. §§ 932.701 et seq. (forfeiture procedure); Fla. R. Civ. P. 1.500 (default judgment). | |
Georgia |
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| Standard of proof | D | Preponderance of the evidence. Ga. Code Ann. § 9-16-17(a)(1). |
| Innocent owner burden | F | Owner. However, in cases involving a jointly owned vehicle, no innocent owner claim is allowed. Ga. Code Ann. § 9-16-17(a)(2). |
| Financial incentive | F | Up to 100%. Ga. Code Ann. § 9-16-19(f). |
| Overall grade | D- | |
| Process | Ga. Code Ann. §§ 9-16-1 et seq. (forfeiture procedure); id. § 9-11-4(c) (service of complaint). | |
Hawaii |
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| Standard of proof | D | Preponderance of the evidence. Haw. Rev. Stat. § 712A-12(8). |
| Innocent owner burden | F | Owner. Haw. Rev. Stat. § 712A-12(8). |
| Financial incentive | F | 100% (25% to police, 25% to prosecuting attorney, 50% to attorney general for various law enforcement
projects) up to a maximum of $3 million per year. Haw. Rev. Stat. § 712A-16(2)–(4). |
| Overall grade | D- | |
| Process | Haw. Rev. Stat. §§ 712A-1 et seq. (forfeiture procedure). | |
Idaho |
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| Standard of proof | D | Preponderance of the evidence. Idaho Code §§ 37-2744(d), -2744A(d)(4). |
| Innocent owner burden | F | Owner. Idaho Code §§ 37-2744(d)(3)(D)(IV) (conveyances), -2744A(d)(4) (real property). |
| Financial incentive | F | Up to 100%. Idaho Code §§ 37-2744(e), 57-816(1). |
| Overall grade | D- | |
| Process | Idaho Code § 37-2744 (forfeiture procedure); Idaho R. Civ. P. 12 (time to answer), 55 (default judgment). | |
Illinois |
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| Standard of proof | D | In general, preponderance of the evidence. The standard of proof increases to clear and convincing
evidence in certain situations where a related criminal case results in acquittal or non-indictment.
Forfeiture is unavailable for currency under $500 related to drug possession offenses and under $100 for
all other offenses. 725 Ill. Comp. Stat. 150/9(G), (G-5), (G-10); 720 Ill. Comp. Stat. 570/505(d). |
| Innocent owner burden | F | Owner. At pretrial innocent owner hearings, the owner bears the burden of proof. However, if the
forfeiture action goes to trial, the government must prove the owner’s culpability or negligence, which
is not a crime. 725 Ill. Comp. Stat. 150/9.1, 150/9(G). |
| Financial incentive | D | 90%. 725 Ill. Comp. Stat. 150/13.2. |
| Overall grade | D- | |
| Process | 725 Ill. Comp. Stat. 150/1 et seq. (forfeiture procedure); 735 Ill. Comp. Stat. 5/2-1301 (default judgment). | |
Indiana |
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| Standard of proof | D | Preponderance of the evidence. Ind. Code § 34-24-1-4(a); see also Serrano v. State, 946 N.E.2d 1139, 1143–44 (Ind. 2011) (requiring state to prove a close “nexus” between vehicle and drugs); Lipscomb v. State, 857 N.E.2d 424, 428 (Ind. Ct. App. 2006) (requiring state to show connection between money and drugs). |
| Innocent owner burden | C | Depends on the property. Generally, the owner bears the burden of proof. But for vehicles or equipment
allegedly involved in the recording of a sex crime, the government bears the burden. Ind. Code §§ 34-24-1-1(a)(10), (b), (c), (e), 34-24-1-4(a). |
| Financial incentive | D | Up to 93%, notwithstanding a state constitutional provision requiring that “all forfeitures” be paid
into the Common School Fund. Ind. Code §§ 34-24-1-6, 34-24-1-4(c)–(d); compare Ind. Const. art. 8, § 2, with Horner v. Curry, 125 N.E.3d 584, 597–607 (Ind. 2019). |
| Overall grade | D | |
| Process | Ind. Code §§ 34-24-1-1 et seq. (forfeiture procedure); Ind. R. Trial P. 4, 41 (service of complaint); Geiger & Peters, Inc. v. Am. Fletcher Nat. Bank & Tr. Co.,428 N.E.2d 1279 (Ind. 1981) (failure to serve is considered failure to prosecute and therefore grounds for dismissal). | |
Iowa |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only “a conviction” of any
person—and only for forfeitures of property worth less than $5,000 and only when a claim is filed. After
the conviction provision is satisfied, prosecutors must show that the property is subject to forfeiture
by clear and convincing evidence. Iowa Code Ann. §§ 809A.1(4), .12A(1), .13(7). |
| Innocent owner burden | A | Government. Iowa Code Ann. §§ 809A.12(7), .13(7). |
| Financial incentive | F | 100%. Iowa Code Ann. § 809A.17. |
| Overall grade | D- | |
| Process | Iowa Code §§ 809A.1 et seq. (forfeiture procedure); Iowa R. Civ. P. 1.302 (service of complaint). | |
Kansas |
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| Standard of proof | C | Clear and convincing evidence. Kan. Stat. Ann. § 60-4113(h). |
| Innocent owner burden | F | Owner. Kan. Stat. Ann. §§ 60-4112(h), -4113(h). |
| Financial incentive | F | 100%. Kan. Stat. Ann. § 60-4117. But see Kan. Att’y Gen. Op. No. 2018-14, 2018 WL 4922703, at *4 (Oct. 5, 2018) (concluding that forfeiture proceeds may not be used for normal operating expenses such as salaries for regular employees); Kan. Att’y Gen. Op. No. 2007-15, 2007 WL 2021740, at *2 (July 6, 2007) (determining that forfeiture proceeds may be applied to special law enforcement projects, but cannot be used as a regular funding source). |
| Overall grade | D- | |
| Process | Kan. Stat. Ann. §§ 60-4101 et seq. (forfeiture procedure); id. § 60-255 (default judgment). | |
Kentucky |
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| Standard of proof | D+ | In general, the government need only show “slight evidence of traceability” to a crime, a standard akin
to probable cause, at which point the owner must show the property’s innocence by clear and convincing
evidence. The government’s standard of proof increases to clear and convincing evidence for real
property. Ky. Rev. Stat. Ann. §§ 218A.240(5), 410(1)(j); Robbins v. Commonwealth, 336 S.W.3d 60, 64–65 (Ky. 2011); Gritton v. Commonwealth, 477 S.W.3d 603, 605 (Ky. Ct. App. 2015) (confirming this procedure generally applies to forfeitures of other personal property as well as of money). |
| Innocent owner burden | C | Depends on the property. Generally, the owner bears the burden of proof. But for real property, the
government bears the burden. Ky. Rev. Stat. Ann. § 218A.410(1)(j); Robbins v. Commonwealth, 336 S.W.3d 60, 64–65 (Ky. 2011). |
| Financial incentive | F | 100% (85% to the law enforcement agencies seizing the property, 15% to the Office of the Attorney
General or to the Prosecutors Advisory Council). Ky. Rev. Stat. Ann. § 218A.420(4). |
| Overall grade | D- | |
| Process | Ky. Rev. Stat. Ann. §§ 218A.240(5), 410 (forfeiture procedure), 413.120 (statute of limitations); Ky. St. R. Civ. P. 4.01–4.04 (service of complaint), 12.01 (time to answer), and 55.01 (default judgment); Ky. Dep’t of Crim. Just. Training, Model Policy for Forfeiture of Assets by Law Enforcement Agencies (rev. 2020) (notice of seizure). | |
Louisiana |
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| Standard of proof | D | Preponderance of the evidence. La. Stat. Ann. § 40:2612(G). |
| Innocent owner burden | F | Owner. La. Stat. Ann. § 40:2605. |
| Financial incentive | C | 80% (60% to the law enforcement agencies that seized the property, 20% to the district attorney’s
office(s) that handled the forfeiture action). The remaining 20% goes to the criminal court fund. La. Stat. Ann. § 40:2616(B)(3). |
| Overall grade | D+ | |
| Process | La. Stat. Ann. § 40:2601 et seq. (forfeiture procedure); La. Code Civ. Proc. Ann. art. 1201 (service of complaint); id. art. 1844 (default judgment). | |
Maine |
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| Standard of proof | A | Criminal forfeiture. Me. Stat. tit. 15, § 5826. |
| Innocent owner burden | A | Government. Me. Stat. tit. 15, §§ 5821(4)(A), (6)(A), (7)(A). |
| Financial incentive | A | No financial incentive. All forfeiture proceeds go to the general fund unless another transfer is
specifically approved by the court and by the governor or attorney general (in the case of a state
forfeiture), or by the court and the relevant governmental entity (in the case of county-level or
municipal-level forfeitures) with the written consent of the attorney general. Me. Stat. tit. 15, § 5824. |
| Overall grade | A | |
| Process | Me. Stat. tit. 15, §§ 5821 et seq. (criminal forfeiture procedure). | |
Maryland |
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| Standard of proof | C | In general, clear and convincing evidence. Weak conviction provision requires conviction of an owner,
but only for forfeitures of a principal family residence. When the owners of the residence are married,
both spouses must be convicted. The provision can be waived if the owner fails to appear in court.
Md. Code Ann., Crim. Proc. §§ 12-103(d)(1)–(2), (e), -312(a)–(b). |
| Innocent owner burden | C | Depends on the property. Generally, the owner bears the burden of proof. But for vehicles, real
property, and property intended for or traceable to drug transactions, the government must show that the
property was used in violation of the law “with the owner’s actual knowledge.” Md. Code Ann., Crim. Proc. §§ 12-102(a)(4), (11)–(12), -103, -312(b). |
| Financial incentive | A | No financial incentive. Md. Code Ann., Crim. Proc. § 12-403(c)–(e). |
| Overall grade | B+ | |
| Process | Md. Code Ann., Crim. Proc. §§ 12-301 et seq. (forfeiture procedure); id. § 12-208 (bond option); Md. R. 2-321 (time to answer). | |
Massachusetts |
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| Standard of proof | F | Probable cause. Mass. Gen. Laws ch. 94C, § 47(d); Commonwealth v. One 2004 Audi Sedan Auto., 921 N.E.2d 85, 88–90, 92 (Mass. 2010). |
| Innocent owner burden | F | Owner. Mass. Gen. Laws ch. 94C, § 47(d). |
| Financial incentive | F | Up to 100%. Mass. Gen. Laws ch. 94C, § 47(d). |
| Overall grade | F | |
| Process | Mass. Gen. Laws ch. 94C, § 47 (forfeiture procedure); Mass. R. Civ. P. 4 (service of complaint), 12 (time to answer), 55 (default judgment); Mass. Gen. Laws ch. 260, § 5 (statute of limitations); Mass. Super. Ct. R. 74 (forfeiture procedure). | |
Michigan |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of a “defendant”—and only
for contested forfeitures of property worth less than $50,000. After the conviction provision is
satisfied, property must be linked to drug crimes by clear and convincing evidence and to other crimes
by a preponderance of the evidence. Mich. Comp. Laws §§ 333.7521a(1)–(2), (6), 600.4707(6). |
| Innocent owner burden | C | Depends on the property. Generally, the government bears the burden of proof. But for drug forfeitures
of property valued over $50,000, the owner bears the burden. Mich. Comp. Laws §§ 333.7523a(2)(b) (burden on government in drug forfeitures worth $50,000 or less), 600.4707(6)(b) (burden on government in non-drug forfeitures); see id. §§ 333.7521a(6), .7523a(1) (procedure placing burden on government does not apply in drug forfeitures of property worth more than $50,000); see also id. §§ 333.7521(1)(d)(ii), (f), 333.7531(1) (burden on owner in drug forfeitures worth more than $50,000). |
| Financial incentive | F | 100% in drug forfeitures; 75% in other forfeitures. Mich. Comp. Laws §§ 333.7524(1)(b)(ii), 600.4708(1)(f). |
| Overall grade | D- | |
| Process | Mich. Comp. Laws §§ 333.7521 et seq. (forfeiture procedure); Mich. Ct. R. 2.102 (service of complaint); Mich. Comp. Laws § 600.5809(2) (statute of limitations). | |
Minnesota |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of “a person”—and only for
forfeitures of property worth less than $50,000 and only when the owner files a claim. The provision
does not apply if the government obtains “[a] person’s agreement to provide information” in exchange for
a dropped charge. After the conviction provision is satisfied, property must be linked to the crime by
clear and convincing evidence. Minn. Stat. §§ 609.5314, subd. 2–3, 609.531, subd. 6a(b), 6a(d). |
| Innocent owner burden | F | Owner. Minn. Stat. § 609.5311, subd. 3(d); Jacobson v. $55,900 in U.S. Currency, 728 N.W.2d 510, 519–20 & n.6 (Minn. 2007); Blanche v. 1995 Pontiac Grand Prix, 599 N.W.2d 161, 167 (Minn. 1999); see also Minn. Stat. §§ 609.5314, subd. 1a(f)–(h), 169A.63, subds. 7a(d), (f)–(h), 9(e). |
| Financial incentive | D | 90% in general; 60% in cases involving prostitution or human trafficking; 100% in DWI cases. Minn. Stat. §§ 609.5315, subds. 5–5c, 169A.63, subd. 10(b). |
| Overall grade | D | |
| Process | Minn. Stat. §§ 609.531–.5319 (forfeiture procedure). | |
Mississippi |
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| Standard of proof | D | Preponderance of the evidence. Miss. Code Ann. § 41-29-179(2). |
| Innocent owner burden | A | Government. Miss. Code Ann. § 41-29-179(2); Galloway v. City of New Albany, 735 So. 2d 407, 411–12 (Miss. 1999); Curtis v. State, 642 So. 2d 381, 384–86 (Miss. 1994); 1994 Mercury Cougar v. Tishomingo County, 970 So. 2d 744, 747–49 (Miss. Ct. App. 2007). But cf. Miss. Code Ann. § 41-29-153(a)(4)(B), (a)(7)(A) (placing burden on owner, but statute has been interpreted in above cases to place burden on government). |
| Financial incentive | C | 80% if one law enforcement agency participated in the forfeiture; 100% otherwise. Miss. Code Ann. § 41-29-181(2). |
| Overall grade | C- | |
| Process | Miss. Code Ann. §§ 41-29-153, -176.1, -177, -179 (forfeiture procedure); Miss. R. Civ. P. 4(h) (service of complaint); see also City of Hattiesburg v. $35,370, 872 So. 2d 701 (Miss. Ct. App. 2004) (affirming return of property after complaint not timely filed). | |
Missouri |
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| Standard of proof | B | Strong conviction provision requires an owner’s conviction, even when forfeiture is uncontested. Once
there is a conviction, property must be linked to the crime by a preponderance of the evidence. Mo. Rev. Stat. § 513.607(1)–(2) (forfeiture is “a civil procedure,” and civil cases in Missouri are subject to the preponderance standard); id. § 513.645(6); City of Springfield v. Gee, 149 S.W.3d 609, 615–16 (Mo. Ct. App. 2004); see also Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104, 110 (Mo. 1996). |
| Innocent owner burden | F | Owner. Mo. Rev. Stat. § 513.615; State v. Beaird, 914 S.W.2d 374, 378 (Mo. Ct. App. 1996); State v. 1973 Fleetwood Mobile Home, 802 S.W.2d 582, 584 & n.3 (Mo. Ct. App. 1991). |
| Financial incentive | A | No financial incentive. All forfeiture proceeds go to fund schools. Mo. Const. art. IX, § 7; Mo. Rev. Stat. § 513.623. |
| Overall grade | B+ | |
| Process | Mo. Rev. Stat. §§ 513.600 et seq. (forfeiture procedure); Mo. R. Civ. P. 54.21 (service of complaint). | |
Montana |
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| Standard of proof | A | Criminal forfeiture. Mont. Code Ann. §§ 44-12-207(1), -208(2), -210(1). |
| Innocent owner burden | A | Government. The government must disprove an innocent owner claim by clear and convincing evidence.
Mont. Code Ann. § 44-12-211; see also id. § 45-9-206(8). |
| Financial incentive | F | Up to 100%. However, when forfeiture money goes to the state, annual proceeds above $125,000 must be
divided equally between the general fund and a state forfeiture fund. Mont. Code Ann. § 44-12-213. |
| Overall grade | D- | |
| Process | Mont. Code Ann. §§ 44-12-207 et seq. (forfeiture procedure). | |
Nebraska |
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| Standard of proof | C | Clear and convincing evidence. Neb. Rev. Stat. § 28-431(6). |
| Innocent owner burden | F | Owner. Neb. Rev. Stat. § 28-431(5)–(6). |
| Financial incentive | C | 50%. Neb. Const. art. VII, § 5(2); Neb. Rev. Stat. § 28-1439.02. |
| Overall grade | C- | |
| Process | Neb. Rev. Stat. § 28-431 (forfeiture procedure). | |
Nevada |
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| Standard of proof | C | Clear and convincing evidence. Nev. Rev. Stat. § 179.1173(4). |
| Innocent owner burden | A | Government. Nev. Rev. Stat. § 179.1164(2); Lara v. State, No. CV21-01595, 2025 WL 211411, at *10 (Nev. Dist. Ct. Jan. 10, 2025). |
| Financial incentive | F | Up to 100%. However, if an agency’s forfeiture account contains more than $100,000 at the end of a given
fiscal year, 70% of the excess must be given to the state’s school fund. Nev. Rev. Stat. § 179.1187. |
| Overall grade | D- | |
| Process | Nev. Rev. Stat. §§ 179.1156 et seq. (forfeiture procedure); Nev. R. Civ. P. 4(e) (service of complaint), 55 (default judgment). | |
New Hampshire |
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| Standard of proof | C+ | Weak conviction provision that purports to require an owner’s conviction, but also makes it the owner’s
burden to prove innocence. The provision was enacted in 2016 and has not been definitively interpreted
by the New Hampshire courts. It is unclear whether the standard of proof to link property to the crime,
after the conviction provision is satisfied, is preponderance of the evidence or clear and convincing
evidence. N.H. Rev. Stat. Ann. §§ 318-B:17-b(IV)(b), (d), 617:1-a(I). Compare id. § 318-B:17-b(IV)(b) (preponderance for drug forfeitures), with id. § 617:1-a(III) (clear and convincing for all forfeitures). |
| Innocent owner burden | F | Owner. N.H. Rev. Stat. Ann. §§ 318-B:17-b(IV)(b), 617:4-a. |
| Financial incentive | D | 90% (45% to local law enforcement, 45% to the state drug forfeiture fund), with caps. Local law
enforcement can keep no more than $225,000 from a single forfeiture, and amounts in the state drug
forfeiture fund above $1,000,000 must be turned over to the state general fund. N.H. Rev. Stat. Ann. § 318-B:17-b(V). |
| Overall grade | D | |
| Process | N.H. Rev. Stat. Ann. § 318-B:17-b (drug forfeiture); id. §§ 617:1 et seq. (forfeiture procedure); N.H. Super. Ct. Civ. R. 4 (time to answer); N.H. Dep’t of Justice, Law Enforcement Manual 382–90 (2020), https://www.doj.nh.gov/sites/g/files/ehbemt721/files/inline-documents/sonh/law-enforcement-manual-2020_0.pdf (forfeiture procedure). | |
New Jersey |
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| Standard of proof | C+ | Weak conviction provision precludes forfeiture when criminal charges “related to the property seizure”
are never filed against a person (not necessarily an owner) or prosecutors fail to establish “criminal
culpability” of any person. The provision applies only to contested forfeitures of low-value property
($1,000 or less for cash and $10,000 or less for other property). After the conviction provision is
satisfied, property must be linked to the crime by a preponderance of the evidence. N.J. Stat. Ann. § 2C:64-3(e), (k)(1)–(2); State v. $7,000, 642 A.2d 967, 975 (N.J. 1994); State v. $2,293 in U.S. Currency, 95 A.3d 260, 266 (N.J. Super. Ct. App. Div. 2014). |
| Innocent owner burden | F | Owner. N.J. Stat. Ann. § 2C:64-5(b); State v. $7,000, 642 A.2d 967, 974 (N.J. 1994). |
| Financial incentive | F | 100% when forfeiture is pursued by local law enforcement; 95% when forfeiture is pursued by the attorney
general. N.J. Stat. Ann. § 2C:64-6(a), (c). |
| Overall grade | D- | |
| Process | N.J. Stat. Ann. § 2C:64-3 (forfeiture procedure); N.J. Ct. R. 1:13-7 (service of complaint), 4:6-1 (time to answer). | |
New Mexico |
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| Standard of proof | A | Criminal forfeiture. N.M. Stat. Ann. § 31-27-4. |
| Innocent owner burden | A | Government. When a person claims to be an innocent owner and shows an ownership interest, the government
must prove by clear and convincing evidence that the person had actual knowledge of the underlying crime
giving rise to the forfeiture. N.M. Stat. Ann. § 31-27-7.1(D). |
| Financial incentive | A | No financial incentive. All proceeds must be deposited in the general fund, though agencies can retain
part of the proceeds from criminal forfeiture to cover related expenses. N.M. Stat. Ann. § 31-27-7(B). |
| Overall grade | A | |
| Process | N.M. Stat. Ann. §§ 31-27-2 et seq. (criminal forfeiture procedure). | |
New York |
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| Standard of proof | C | In drug cases, prosecutors must provide clear and convincing evidence that a crime occurred and then
link the property to that crime by a preponderance of the evidence. Very weak conviction provision
applies in non-drug cases. N.Y. C.P.L.R. §§ 1310(5), (9)–(10), 1311(3)(a)–(b); Hendley v. Clark, 543 N.Y.S.2d 554, 556 (N.Y. App. Div. 1989). |
| Innocent owner burden | A | Government. N.Y. C.P.L.R. § 1311(3). |
| Financial incentive | C | 60%. N.Y. C.P.L.R. § 1349(2)(g)–(h). |
| Overall grade | C | |
| Process | N.Y. C.P.L.R. 1310 et seq. (forfeiture procedure); see also 1 Steven L. Kessler, New York Criminal and Civil Forfeitures § 4.02 (2025 ed.). | |
North Carolina |
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| Standard of proof | A | In general, forfeiture requires a criminal conviction. However, civil forfeiture is available in
racketeering cases, which are governed by a preponderance of the evidence standard. N.C. Gen. Stat. §§ 75D-5, 90-112; State ex rel. Thornburg v. $52,029, 378 S.E.2d 1, 3–5 (N.C. 1989); State v. Johnson, 478 S.E.2d 16, 25 (N.C. Ct. App. 1996). |
| Innocent owner burden | F | Owner. In racketeering cases, the only context in which civil forfeiture is available, the owner bears
the burden of proof. N.C. Gen. Stat. § 75D-5(i); State ex rel. Thornburg v. 1907 N. Main St., 384 S.E.2d 585, 586–87 (N.C. Ct. App. 1989). |
| Financial incentive | A | No financial incentive. All forfeiture proceeds go to public schools. N.C. Const. art. IX, § 7; State ex rel. Thornburg v. 532 B St., 432 S.E.2d 684, 686–87 (N.C. 1993). |
| Overall grade | B+ | |
| Process | N.C. Gen. Stat. §§ 90-112 (criminal forfeiture—drugs), -112.1 (remission or mitigation); see also id. § 75D-5 (civil forfeiture—racketeering). | |
North Dakota |
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| Standard of proof | C+ | Weak conviction provision requires an owner’s conviction, but does not apply if forfeiture is
uncontested or if the owner enters an agreement with the prosecution for immunity or a reduced sentence
in exchange for assisting law enforcement. After the conviction provision is satisfied, property must be
linked to the crime by clear and convincing evidence. No conviction is necessary if it can be shown
beyond a reasonable doubt that the property was used in a crime or constitutes proceeds of criminal
activity. N.D. Cent. Code §§ 19-03.1-36.2(1)–(2), -36.5. |
| Innocent owner burden | F | Owner. N.D. Cent. Code §§ 19-03.1-36(1)(e), -36.6(1), -36.7(1), -37(1). |
| Financial incentive | F | Up to 100%. However, if the government’s forfeiture fund exceeds $200,000 (exclusive of legislative
appropriations and multijurisdictional drug task forces) over any two-year budget period, the excess
must be deposited in the general fund. N.D. Cent. Code §§ 54-12-14, 19-03.1-36(5). |
| Overall grade | D- | |
| Process | N.D. Cent. Code §§ 19-03.1-36 et seq. (forfeiture procedure); id. § 28-01-18 (statute of limitations). | |
Ohio |
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| Standard of proof | C | Clear and convincing evidence. Charging provision requires charges to be filed, and stays civil
forfeiture while criminal charges are pending, but does not require conviction. The charging provision
does not apply to forfeitures of cash over $15,000 or in cases where an owner dies, is unavailable or
fails to contest forfeiture. Ohio Rev. Code Ann. § 2981.05(A), (C)–(D), (H). |
| Innocent owner burden | C | Depends on the property. Generally, the owner bears the burden of proof. But for legally titled or
registered property and in cases involving property valued over $15,000 (adjusted annually for
inflation), the government bears the burden. Ohio Rev. Code Ann. §§ 2981.03(A)(4)–(5), .05(D)(3), (D)(7); see also id. § 2981.04(E)–(F) (placing burden on third-party claimants). |
| Financial incentive | F | Up to 100% in general; up to 90% in juvenile cases. Ohio Rev. Code Ann. § 2981.13(B)(4). |
| Overall grade | D- | |
| Process | Ohio Rev. Code Ann. §§ 2981.03, .05 (civil forfeiture in absence of claim); Ohio R. Civ. P. 4(E) (service of complaint), 12(A)(1) (time to answer), 55 (default judgment). | |
Oklahoma |
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| Standard of proof | D | Preponderance of the evidence. Okla. Stat. tit. 63, § 2-503(B)–(C). |
| Innocent owner burden | F | Owner. Okla. Stat. tit. 63, § 2-503(A)(4)(b), (A)(7); State ex rel. Campbell v. $18,235, 184 P.3d 1078, 1081 (Okla. 2008). |
| Financial incentive | F | Up to 100%. Okla. Stat. tit. 63, §§ 2-503(F)(2), -506(L), -508. |
| Overall grade | D- | |
| Process | Okla. Stat. tit. 63, § 2-506 (forfeiture procedure); id. tit. 12, §§ 95(A)(4) (statute of limitations), 2004(I) (service of complaint). | |
Oregon |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of “a person.” The provision
applies only when forfeiture is contested. After the conviction provision is satisfied, personal
property must be linked to the crime by a preponderance of the evidence, and real property by clear and
convincing evidence. Or. Rev. Stat. §§ 131A.255(1)–(3), .315. |
| Innocent owner burden | A | Government. The government bears the burden of proof except in cases where cash, weapons or negotiable
instruments were found in close proximity to drugs, in which cases the owner bears the burden of showing
by a preponderance of the evidence that the items are not the proceeds or instrumentalities of a drug
crime. Or. Rev. Stat. § 131A.255(2), (5). |
| Financial incentive | C | 52.5% when forfeiture is pursued by local law enforcement; 47% when forfeiture is pursued by the state.
Or. Rev. Stat. §§ 131A.360(1), (4), (6), .365(1), (3), (5). |
| Overall grade | C | |
| Process | Or. Rev. Stat. §§ 131A.005 et seq. (forfeiture procedure); see Or. R. Civ. P. 5 (service of complaint), 7 (time to answer). | |
Pennsylvania |
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| Standard of proof | C | Clear and convincing evidence. 42 Pa. Cons. Stat. § 5805(j)(3); Commonwealth v. Teeter, No. 59 C.D. 2016, 2017 WL 4945275, at *6 n.14 (Pa. Commw. Ct. Oct. 31, 2017); see also Commonwealth v. 1992 Volkswagen Passat, No. 40 C.D. 2016, 2018 WL 341660, at *9 n.8 (Pa. Commw. Ct. Jan. 10, 2018) (Leavitt, J., dissenting). |
| Innocent owner burden | A | Government. 42 Pa. Cons. Stat. § 5805(j)(4). |
| Financial incentive | F | 100%. 42 Pa. Cons. Stat. § 5803(f)–(i). |
| Overall grade | D- | |
| Process | 42 Pa. Cons. Stat. §§ 5801–08 (forfeiture procedure); id. § 5524 (statute of limitations). | |
Rhode Island |
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| Standard of proof | D | The government must show probable cause for the seizure, and the owner must show that the property is
not forfeitable by a preponderance of the evidence. 21 R.I. Gen. Laws § 28-5.04.2(p). |
| Innocent owner burden | F | Owner. 21 R.I. Gen. Laws § 28-5.04.2(p). |
| Financial incentive | D | 90%. 21 R.I. Gen. Laws § 28-5.04(b)(3). |
| Overall grade | D- | |
| Process | 21 R.I. Gen. Laws §§ 28-5.04.2, -5.04.1(f) (forfeiture procedure); R.I. Super. Ct. R. Civ. P. 4(l) (service of complaint); 12 R.I. Gen Laws § 21-2 (statute of limitations). | |
South Carolina |
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| Standard of proof | D | The government must show probable cause for the seizure, and the owner must show that the property is
not forfeitable by a preponderance of the evidence. S.C. Code Ann. §§ 44-53-520(b), -586(b); Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006). |
| Innocent owner burden | F | Owner. S.C. Code Ann. §§ 44-53-540, -586(b); Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006). |
| Financial incentive | D | 95% (75% to law enforcement, 20% to prosecutors). S.C. Code Ann. § 44-53-530(e). |
| Overall grade | D- | |
| Process | S.C. Code Ann. §§ 44-53-520, -530, -586 (forfeiture procedure); id. § 15-3-550 (statute of limitations). | |
South Dakota |
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| Standard of proof | D | Preponderance of the evidence. S.D. Codified Laws § 23A-49-13. |
| Innocent owner burden | F | Owner. S.D. Codified Laws §§ 23A-49-4, -19. |
| Financial incentive | F | 100%. Forfeiture proceeds go to the attorney general’s “drug control fund” and are then distributed to
law enforcement for drug enforcement efforts. S.D. Codified Laws §§ 23A-49-20(2)(a), 34-20B-64. |
| Overall grade | D- | |
| Process | S.D. Codified Laws §§ 23A-49-1 et seq. (forfeiture procedure). | |
Tennessee |
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| Standard of proof | D | Preponderance of the evidence. Tenn. Code Ann. §§ 40-33-107(4), -210(a); State v. Sprunger, 458 S.W.3d 482, 500 (Tenn. 2015). |
| Innocent owner burden | C | Depends on the property. Generally, the government bears the burden of proof. But for vehicles, owners
must prove that they had no knowledge of the criminal use before a claim will be allowed. Tenn. Code Ann. §§ 40-33-108(a), -210(a)(2), (c)–(f). |
| Financial incentive | F | Up to 100%. Tenn. Code Ann. §§ 40-33-110, -211(a)–(b). |
| Overall grade | D- | |
| Process | Tenn. Code Ann. §§ 40-33-201 et seq. (forfeiture procedure). | |
Texas |
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| Standard of proof | D | Preponderance of the evidence. Tex. Code Crim. Proc. Ann. art. 59.05(b). |
| Innocent owner burden | F | Owner. Tex. Code Crim. Proc. Ann. art. 59.02(c), (h)(1). |
| Financial incentive | C | Up to 70% in cases where a default judgment is entered; up to 100% in contested cases. Tex. Code Crim. Proc. Ann. art. 59.06(c), (c-3); see also Tex. Att’y Gen. Op. GA-0122, 2003 WL 22754257, at *2 (Nov. 18, 2003) (noting 70-30 split between district attorney and Department of Public Safety). |
| Overall grade | D+ | |
| Process | Tex. Code Crim. Prac. Ann. art. 59.01 et seq. (forfeiture procedure); Tex. R. Civ. P. 99 (time to answer). | |
Utah |
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| Standard of proof | C | Clear and convincing evidence. Utah Code Ann. § 77-11b-302(7). |
| Innocent owner burden | A | Government. Utah Code Ann. § 77-11b-302(7). |
| Financial incentive | F | 100%. Utah Code Ann. §§ 77-11b-401, -403. |
| Overall grade | D- | |
| Process | Utah Code Ann. § 77-11a-303 (hardship hearing); id. §§ 77-11b-101 et seq. (forfeiture procedure); Utah R. Civ. P. 55 (default judgment). | |
Vermont |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of “a person.” The provision
does not apply if the person agrees with prosecutors to avoid criminal charges in exchange for
forfeiture of the property. After the conviction provision is satisfied, property must be linked to the
crime by clear and convincing evidence. Vt. Stat. Ann. tit. 18, §§ 4243(a), (c), 4244(e). |
| Innocent owner burden | F | Owner. Vt. Stat. Ann. tit. 18, § 4244(d). |
| Financial incentive | C | 45%. Vt. Stat. Ann. tit. 18, § 4247(b)(1). |
| Overall grade | C- | |
| Process | Vt. Stat. Ann. tit. 18, §§ 4241 et seq. (forfeiture procedure); Vt. R. Civ. P. 55 (default judgment). | |
Virginia |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner and does not apply if the owner fails
to contest forfeiture. After the conviction provision is satisfied, property must be linked to the crime
by clear and convincing evidence. Va. Code Ann. §§ 19.2-386.1(C), .10(A). |
| Innocent owner burden | F | Owner. Va. Code Ann. §§ 19.2-386.8(3), .10(A). |
| Financial incentive | F | 100% (90% to participating agencies, 10% to the Department of Criminal Justice Services). Va. Code Ann. § 19.2-386.14(A1)–(B). |
| Overall grade | D- | |
| Process | Va. Code Ann. §§ 19.2-386.1 et seq. (forfeiture procedure); Va. Code Ann. § 8.01-275.1 (service of complaint). | |
Washington |
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| Standard of proof | C | Clear, cogent, and convincing evidence. Wash. Rev. Code § 69.50.505(5). |
| Innocent owner burden | A | Government. Wash. Rev. Code §§ 69.50.505(1)(d)(ii), (g), (h)–(i), .505(5). |
| Financial incentive | D | 90%. Wash. Rev. Code § 69.50.505(8). |
| Overall grade | D+ | |
| Process | Wash. Rev. Code § 69.50.505 (drug forfeitures and forfeiture procedure); Wash. Rev. Code §§ 34.05.010 et seq. (administrative procedure). | |
West Virginia |
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| Standard of proof | D | Preponderance of the evidence. W. Va. Code § 60A-7-705(e). |
| Innocent owner burden | F | Owner. W. Va. Code § 60A-7-703(a)(5)(ii), (7), (8). |
| Financial incentive | F | 100%. W. Va. Code §§ 60A-7-702, -706. But see W. Va. Const. art. XII, § 5 (requiring “net proceeds” of “forfeitures” to go to the school fund). |
| Overall grade | D- | |
| Process | W. Va. Code §§ 60A-7-701 et seq. (forfeiture procedure); W. Va. R. Civ. P. 4(i) (service of complaint). | |
Wisconsin |
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| Standard of proof | C+ | Weak conviction provision does not require conviction of an owner, but only of “a person,” and a court
can waive the provision if the owner fails to contest forfeiture or in other situations, including when
a defendant enters into an immunity agreement with prosecutors in exchange for assisting law
enforcement. After the conviction provision is satisfied, property must be linked to the crime by clear
and convincing evidence. Wis. Stat. §§ 961.55(1g), .555(2)(am), (3). |
| Innocent owner burden | A | Government. Wis. Stat. § 961.555(5)(c), (e)–(f); cf. id. §§ 961.555(5)(b), (d), .56(1) (burden on owner with respect to establishing ownership). |
| Financial incentive | A | No financial incentive. All forfeiture proceeds go to fund schools. However, agencies can retain up to
50% of proceeds to pay for forfeiture expenses, for which they must provide an itemized report. Wis. Const. art. X, § 2; Wis. Stat. § 961.55(5)(b), (e) (permitting seizing agencies to retain reasonable expenses). |
| Overall grade | A- | |
| Process | Wis. Stat. § 961.555 (forfeiture procedure); id. §§ 961.55(1k), 968.20 (preliminary hearing); id. § 806.02 (default judgment). | |
Wyoming |
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| Standard of proof | C | Clear and convincing evidence. Wyo. Stat. Ann § 35-7-1049(k). |
| Innocent owner burden | F | Owner. Wyo. Stat. Ann. §§ 35-7-1049(m), -1050. |
| Financial incentive | F | Up to 100%. Wyo. Stat. Ann. § 35-7-1049(r)(i)–(vi). |
| Overall grade | D- | |
| Process | Wyo. Stat. Ann. § 35-7-1049 (forfeiture procedure); Wyo. R. Civ. P. 4(w) (service of complaint), 12(a)(1)(A) (time to answer), 55 (default judgment). | |
Federal Government |
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| Standard of proof | D | Preponderance of the evidence. 18 U.S.C. § 983(c). |
| Innocent owner burden | F | Owner. 18 U.S.C. § 983(d). |
| Financial incentive | F | 100%. 18 U.S.C. § 981(e); see also United States v. Pescatore, 637 F.3d 128, 137 (2d Cir. 2011). |
| Overall grade | D- | |
| Process | CAFRA: 18 U.S.C. §§ 981 et seq. (forfeiture procedure); Fed. R. Civ. P. 4(m)
(service of complaint); 55 (default judgment) Fed. R. Civ. P. Supp. R. C, E, G (supplemental rules of
procedure); see 28 C.F.R. §§ 9.3, 9.5 (petitions for remission or mitigation). Customs: 19 U.S.C. §§ 1602–19 (customs forfeiture procedure); id. § 1621 (statute of limitations); Fed. R. Civ. P. 4(m) (service of complaint); Fed. R. Civ. P. Supp. R. C, E, G (supplemental rules of procedure); see 18 U.S.C. § 983(i) (exemption of customs forfeiture from CAFRA); 28 C.F.R. §§ 9.3, 9.5 (petitions for remission or mitigation). |
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