Forfeiture

I've been asked a couple of questions related to forfeiture lately, which has led me to realize that I don't know much about it. So I'll offer a little information below, and in exchange, will ask for some information from readers who know whether, and how, forfeiture is being used around the state. Forfeiture generally refers to the transfer of property from the defendant (or sometimes a third party) to the government as a result of the property's involvement in criminal activity. For example, it might be used to deprive the defendant permanently of money he obtained by selling drugs, or of a car he used in transporting the drugs. There are two general types of forfeiture. In criminal forfeiture, the court imposes forfeiture on the defendant as a part of the defendant's punishment. In civil forfeiture, the government files a civil lawsuit against the property itself -- which leads to goofy case names like United States vs. One Thousand Six Dollars and a 1987 Chevrolet Camaro. Anyone who wants to contest the forfeiture must intercede in the lawsuit. A slightly more detailed explanation of these two kinds of forfeiture is here. North Carolina's two principal forfeiture statutes are: G.S. 14-2.3, which generally provides that property acquired as a result of a felony is subject to forfeiture. The statute states that "[a]n action to recover such property shall be brought by either a District Attorney or the Attorney General pursuant to G.S. 1‑532." Chapter 1 of the General Statutes is entitled [...]