Criminal Forfeiture

Criminal forfeiture is when the government takes one’s property following a criminal conviction. Criminal forfeiture cases proceed against the person whose property the government is trying to take. This means that the accused is afforded all of his or her rights under the U.S. Constitution, including the right to have an attorney provided if he or she cannot afford one. At the same time, the government must prove beyond a reasonable doubt that the person whose property they are trying to take is guilty of the underlying offense.