What is the difference between civil and criminal forfeiture?

The difference between civil and criminal forfeiture in Indiana has to do with the way property can be taken away from a person or business that is involved in a drug crime. Criminal forfeiture is when the court takes away the money or property that was used in a drug-related crime. This happens when someone is convicted of a drug-related crime, like possession or manufacturing, and the judge orders the forfeiture of property as part of the sentence. This property is then placed in the hands of law enforcement, who can use it to support their operations. Civil forfeiture is a process by which the government can take property from a person or business without the need to convict them of a crime. This happens when the government believes that the property is connected to illegal drug activity, and they can take it even if the owner is not charged with a crime. This type of forfeiture is often used when the owner of the property cannot be identified or the owner cannot be located to be served with legal papers. In either case, criminal or civil forfeiture, the government may not take away all of a person’s property. Indiana’s drug laws specify how much property can be taken and what type of property can be taken. In both cases, a person can challenge the forfeiture in court.

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What is the difference between civil and criminal forfeiture?

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