When They Take Your Property
Va. Code 19.2-386.1 — forfeited only on a finding of guilt, and released within 21 days without one
A finding of guilt first. A forfeiture action is stayed until the owner, or the person in whose custody the property was found, is found guilty of an offense that authorizes forfeiture, and the property is forfeited only upon that finding. If no finding is made, the property is released no later than 21 days from the date the stay ends.
Two exceptions. Property may be forfeited without a finding of guilt if a lawful plea agreement orders it, or if the owner or custodian has not submitted a written demand for its return to the seizing agency within 21 days from the date the stay ends.
Three years. An information is filed within three years of the Commonwealth's actual discovery of the last act giving rise to the forfeiture, or the action is barred.
At trial. The Commonwealth proves by clear and convincing evidence that the property is subject to forfeiture, and the claimant then proves by a preponderance of the evidence that the claimant's interest is exempt. A party who fails to appear is in default, and may petition for remission within 21 days after judgment.
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 Virginia attorney.
Sources for this section (2)
- Va. Code 19.2-386.1 — Commencing an action of forfeiture
- Va. Code 19.2-386.10 — Forfeiture; default judgment; remission; trial
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.