What is the difference between civil and criminal forfeiture?

Civil forfeiture and criminal forfeiture are both legal proceedings used to forfeit property connected with crimes in Washington. The main difference between civil and criminal forfeiture is the burden of proof required to forfeit the property. In civil forfeiture proceedings, the burden of proof to forfeit the property is lower than in criminal proceedings. This means that the state only has to prove its case by a preponderance of evidence, which is the lower standard requiring proof that something is more likely to be true than not. Civil forfeiture proceedings do not require criminal conviction, meaning that the state is not required to prove that the defendant is guilty of a crime. In criminal forfeiture proceedings, the government must prove its case for forfeiture beyond a reasonable doubt, which is the higher standard of beyond any doubt. This means that the state must prove that the defendant is guilty of a crime in order to forfeit the property. Both civil and criminal forfeiture proceedings are used to seize property connected with crimes in Washington. However, criminal forfeiture requires the defendant to be guilty of a crime and also requires a higher standard of proof, while civil forfeiture does not require criminal conviction and its burden of proof is lower.

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What is the difference between civil and criminal forfeiture?

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