When They Take Your Property
Mo. Rev. Stat. § 513.617 — no forfeiture without a related felony conviction when charges are filed
Ten days to petition. If the prosecuting attorney or attorney general believes forfeiture is warranted, a petition is filed within ten days after receiving notice of the seizure. The court may extend that by up to ten days per order, but not for more than thirty days.
A felony conviction first. When criminal charges are filed against a claimant, the forfeiture is stayed until they are decided, and no property is forfeited unless the person charged is found guilty of or pleads guilty to a felony substantially related to the forfeiture. Property of a person arrested and not charged is not subject to forfeiture for that arrest.
No bargaining. Seized property may not be used in bargaining to defer prosecution, obtain a guilty plea or affect a sentencing recommendation, and no agency may accept payment in exchange for releasing it.
The innocent owner. The rights of an innocent owner of property are superior to any right or claim of the state or county.
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 Missouri attorney.
Sources for this section (2)
- Mo. Rev. Stat. § 513.607 — Property subject to forfeiture; procedure
- Mo. Rev. Stat. § 513.617 — CAFA proceeding stayed until disposition of criminal charges
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.