When They Take Your Property
Wis. Stat. 961.555 — commenced within 30 days, and adjourned until a conviction
Thirty days, and a conviction first. The district attorney commences the forfeiture action within 30 days after the seizure, and the proceedings are adjourned until the defendant is convicted of a crime that was the basis for the seizure.
Six months to charge. If property is seized, a charge is issued within 6 months, unless a judge grants 6-month extensions on probable cause. If no charge is issued and no extension is granted, the property is returned to the owner.
When a conviction is waived. The court may waive the conviction requirement on clear and convincing proof that the defendant died, was deported, was granted immunity, or fled; that the property has been unclaimed for at least 9 months; or that it is contraband.
The burden, and proportion. The state proves by clear and convincing evidence that the property is subject to forfeiture. The court may not order a forfeiture that is grossly disproportional to the crime of conviction, or unconstitutionally excessive.
The hearing. After an answer is served, the action is set for hearing within 60 days.
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 Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 961.555 — Forfeiture proceedings
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.