Difference Between Civil Forfeiture and Criminal Forfeiture
Civil forfeiture and criminal forfeiture are two distinct legal procedures utilised by law enforcement to seize property associated with illegal activity. Civil forfeiture occurs without a criminal conviction and solely on the basis of a preponderance of evidence. It is sufficient for law enforcement to establish that the property is more likely than not associated with criminal activity. It is unnecessary to charge the proprietor with a crime to seize their property. In civil forfeiture cases, the property is deemed “guilty.” The burden of proof typically rests with the owner to demonstrate that the property was not involved in unlawful activity.