What is the difference between civil and criminal forfeiture?

The difference between civil and criminal forfeiture is that criminal forfeiture involves a criminal court, while civil forfeiture involves a civil court. Criminal forfeiture occurs as a result of a criminal conviction. This means that criminal forfeiture requires proof beyond a reasonable doubt that a person is guilty of a crime. If the person is found guilty, the court can declare their property subject to forfeiture. This could include cash, cars, or other property. On the other hand, civil forfeiture does not require a criminal conviction. This means that prosecutors only need to prove, by a preponderance of the evidence, that the property was involved in the commission of a crime. This standard of proof is much lower than the reasonable doubt standard in criminal cases, and it makes it easier for prosecutors to prove the case and take away the property. In South Dakota, criminal forfeiture is governed by state law, and civil forfeiture is governed by federal law. Generally, both kinds of forfeitures put the burden on the owner of the property to prove that they did not know the property was used in the commission of a crime. In South Dakota, civil forfeiture actions must be brought in federal court, while criminal forfeiture actions may be brought in state court.

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