When They Take Your Property
G.L. c. 94C, § 47 — probable cause from the commonwealth, and then the burden is on the claimant
Probable cause, then the claimant. The district attorney or attorney general petitions the superior court. Where someone claims the property, the commonwealth proves probable cause to bring the action, and the claimant then has the burden of proving the property is not forfeitable.
Notice and a hearing. The court orders the commonwealth to give notice by certified or registered mail to the owner and others with an apparent interest, and holds a hearing promptly, but not less than two weeks after notice. On the owner's motion, the hearing may be continued until a related criminal trial ends.
An appeal. After the hearing the court issues a final order, from which the parties have a right of appeal.
Criminal forfeiture ordered as part of a sentence, federal forfeiture, and what may be seized in the first place are set out in other law that is not on this page. Whether a deadline has run, and what follows in a particular case, are questions for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 94C, § 47 — Forfeiture of property
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.