What is a forfeiture in legal terms?

What is a forfeiture in legal terms?

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.

What is meaning of forfeiting?

forfeited; forfeiting; forfeits. Definition of forfeit (Entry 2 of 3) transitive verb. 1 : to lose or lose the right to especially by some error, offense, or crime. 2 : to subject to confiscation as a forfeit also : abandon, give up.

What are the different types of forfeiture?

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

Is forfeiture a punishment?

The U.S. Supreme Court concluded that forfeiture is “payment to a sovereign as punishment for some offense,” and, as such, is subject to the limitations of the Eighth Amendment’s Excessive Fines Clause.

How do you win a forfeiture case?

Innocent Owner defense — Under most forfeiture laws, if you can prove that you didn’t know of or consent to the illegal use of your property, you win the forfeiture case. If the forfeiture law does not include an innocent owner defense, the U.S. Constitution does not imply one, the Supreme Court held in Bennis v.

What are forfeited in life?

1 something lost or given up as a penalty for a fault, mistake, etc.

Is a forfeit a win?

In various sports, a forfeit is a method in which a match automatically ends, and the forfeiting team loses. There are two distinct forms of forfeiture. In such a case, the team not forfeiting wins the match.

What are the two standard form of forfeitures?

Forfeiture takes two distinct forms — criminal and civil. Nearly all contemporary forfeiture involves the civil variety. Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal.

What is a Judgement of forfeiture?

When a motion for judgment on the bond forfeiture against the obligor is not filed prior to the entry of judgment on the criminal case, the order of forfeiture shall be deemed set aside, and any bond monies shall be released to the obligor after payment of fines and costs.