What is the difference between civil and criminal forfeiture?

In North Carolina, civil and criminal forfeiture are two different ways the government can take away property suspected of being involved in drug crimes. Civil forfeiture is a legal process that allows law enforcement to take away property without a criminal conviction. In civil forfeiture, it is the property itself that is considered guilty, not the owner. Criminal forfeiture is the legal process by which a person convicted of a drug crime forfeits property that has some connection to the crime. The primary difference between civil and criminal forfeiture is that criminal forfeiture requires a conviction. In civil forfeiture, the government is able to take away property without a conviction or criminal charges in some cases. This means that the government does not need to prove that the person accused of a crime is actually guilty of it. Criminal forfeiture, on the other hand, requires a guilty verdict in order for the property to be taken away. Another difference between civil and criminal forfeiture is that the government has a higher burden of proof in criminal forfeiture than they do in civil forfeiture. In criminal forfeiture, the government must prove “beyond a reasonable doubt” that the property seized was connected to the crime. In civil forfeiture, the government must only prove “by a preponderance of the evidence” that the property was connected to the crime. Both civil and criminal forfeiture are serious matters that can lead to serious consequences. It is important to understand the difference between these two types of forfeiture when facing a drug crime charge in North Carolina.

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What is the difference between civil and criminal forfeiture?

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