What is the difference between civil and criminal forfeiture?

The difference between civil and criminal forfeiture is that criminal forfeiture requires a criminal conviction, while civil forfeiture only requires that the government prove that the property was acquired through or is related to criminal activity. In Virginia, criminal forfeiture is governed by the Virginia Forfeiture Act and is conducted through criminal proceedings. This means that the State must prove beyond a reasonable doubt that the defendant committed a crime and that the property was obtained as a result of that criminal activity. Criminal forfeiture proceedings are conducted in a criminal court, and the judge or jury must reach a guilty verdict before ordering forfeiture. In contrast, civil forfeiture proceedings are governed by the Virginia Code and are conducted through civil proceedings. This means that the State does not need to prove a crime, but rather, only needs to prove by a preponderance of the evidence that the property was used in the commission of a white collar crime. The proceedings for civil forfeiture are conducted in a civil court and the judge does not need to reach a guilty verdict in order for forfeiture to take place. In summary, criminal forfeiture requires a criminal conviction in order to take place, while civil forfeiture only requires that the government prove by a preponderance of the evidence that the property was obtained through or is related to criminal activity.

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