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The fate of property in criminal cases

On Behalf of | Nov 29, 2022 | Criminal Defense

Most criminals are allowed to retain their possessions after being imprisoned or convicted of crimes. However, there are drug crimes that are committed using advanced manufacturing supplies or inside of covert houses. Criminal forfeiture in Idaho removes the assets and property that are needed for a crime to continue being committed.

Forfeiting criminal possessions

In this state, criminal forfeiture applies to individuals who are convicted of crimes involving controlled substances that result in imprisonment of longer than one year. The personal property of criminals that is seized, sold or repossessed by authorities can be forfeited to the state of Idaho. This includes personal property that is used to commit a crime.

Challenging the forfeitures

Some cases of criminal forfeiture are performed illegally, which are similar to illegal searches and seizures. If the crime had not been committed, or the crime did not result in imprisonment, the process can be invalid.

In most cases of criminal defense, forfeiture is legal and enforceable to remove the property and assets that criminals need. In regard to drug charges, forfeiture prevents the manufacture, sales and trade of drugs among individuals and within organizations. It’s used to recover financial thefts that occurred during the commission of crimes.

Certain criminal convictions result in the automatic forfeiting of a criminal’s personal property if the property was stolen or used to perform illegal activities. In Idaho, criminal forfeiture applies to any person who participates in the trade, manufacture or possession of controlled substances that result in long-term imprisonment. This practice is legal and widely used against criminals; however, the law can be challenged if the defense proves that the specific crime was not committed.