What is the difference between civil and criminal forfeiture?

The difference between civil and criminal forfeiture in California is an important one to understand. Civil forfeiture is when a person’s property is seized without any criminal charges being filed against them. The property or assets can include money, cars, or other items. This is done if law enforcement feels the property was used in a drug crime or acquired because of a drug crime. Criminal forfeiture is different in that this is when property is seized from a person after they’ve been charged with a drug-related crime. For example, if a person is arrested for selling an illegal substance, the court can take their car away since it was used to transport the drugs. The key difference between civil and criminal forfeiture is that in criminal forfeiture, the property or assets can only be seized after a person has been convicted of the drug-related crime. This means that the court must first prove the person’s guilt before their property or assets are taken away. In civil forfeiture, however, the burden of proof lies with the property itself. This means that the court only needs to prove that the property was used in a drug crime or obtained through a drug crime in order to take it away.

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