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Forfeiture Cases

Contesting state and federal asset forfeiture in Mississippi.

Under both state and federal law, criminal forfeiture may be included as part of a defendant’s criminal prosecution. If the defendant is convicted or has a plea agreement, the court may forfeit the property.

Civil forfeiture is a proceeding brought under state or federal law against the property itself. The government must prove that the property is connected to a crime, but a criminal conviction is not required. This can include all aircraft, vehicles, and vessels that are used, or intended to be used, to transport illegally possessed or illegally manufactured controlled substances in violation of Article 5 of Chapter 29.

What Are the Notice Requirements?

Under state law, the seizing agency must provide notice of the intent to forfeit the seized property. This notice must be sent via certified mail, return receipt requested, or by personal delivery. The seizing agency has thirty (30) days from the date of seizure to institute these proceedings, or the property must be immediately returned to the party from whom it was seized.

How Do You Respond?

The owner of seized property must file an answer within thirty (30) days after the completion of service of process. If the property owner does not file an answer, the court will hear evidence that the property is subject to forfeiture and forfeit the property to the seizing agency. If an answer is filed, a hearing on the forfeiture will be set within thirty (30) days of filing the answer.

Who May Contest a Forfeiture Proceeding?

Any person or entity claiming a right, title, or interest in the property may prove such right or interest to be bona fide and created without knowledge or consent that the property was to be used in a manner that would make it subject to forfeiture.

What Is the Innocent Owner Exception?

Where an owner of property can prove by a preponderance of the evidence that he did not know of, or did not consent to, the use of the property in a manner that made it subject to forfeiture, forfeiture will be found unwarranted. See 1994 Mercury Cougar v. Tishomingo County, 970 So.2d 744 (Miss. 2007).