Walk It Through: The Cash In The Console
A seizure for forfeiture, the receipt, the notice, the 21 days, and the conviction it needs.
After an arrest, an officer takes a roll of cash from the car's console for forfeiture.
Two things a person in this spot might do. Picking one shows what the law says about it.
One seizure of cash from a car. Expedited hearings, affirmative defenses, real property and the criminal case itself are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Clear and convincing evidenceThe standard a court applies before appointing a guardian, and the one a forfeiting agency meets to forfeit real property.
- ForfeitureTaking property as proceeds or an instrumentality of a crime. In every Oregon forfeiture action the forfeiting agency has to prove that a person has been convicted of a crime that constitutes prohibited conduct.
- Preponderance of the evidenceThe standard a forfeiting agency meets to forfeit personal property. Real property takes clear and convincing evidence.