Property Seized in a Drug Case

Forfeiture can reach drugs, equipment, records, money used in or made from drug sales, and vehicles used to carry out a violation, but only for violations carrying a maximum penalty of ten years' incarceration or greater. A family's primary residence is not derivative proceeds, and a vehicle is not forfeited for someone else's use unless the owner knew or had reason to believe it was used that way.

• 18 V.S.A. § 4241StatuteScopeOpens legislature.vermont.gov ↗

• Property is forfeited only if a person is convicted of the related offense, or agrees with the prosecutor in exchange for not being charged.
• The State must prove by clear and convincing evidence that the property is an instrument or the proceeds of the offense.
• The State notifies owners, possessors and lienholders within 60 days of the seizure, which a court may extend by up to 90 days for good cause; otherwise the agency returns the property.
• The forfeiture petition is filed not more than 14 days after the preliminary order.

• 18 V.S.A. § 4243StatuteJudicial forfeiture procedureOpens legislature.vermont.gov ↗

• A claimant may demand a judicial determination within 60 days after service of notice, by a civil complaint with a sworn affidavit.
• The hearing is held no later than 90 days after the criminal case ends.
• No forfeiture is ordered if another owner or regular user shows they did not know of or consent to the use, or had no reasonable chance to prevent it.

• 18 V.S.A. § 4244StatuteForfeiture hearingOpens legislature.vermont.gov ↗