A forfeiture case (ontneming wederechtelijk verkregen voordeel) could have severe legal consequences, including up to three years in prison. For this reason, you should immediately hire a legal representative when confronted with this sort of procedure. If you can’t afford an attorney, the government can pay for your expenses. For more information, visit our Rates & Fees page.
The law enables prosecutors to seize property and money from those convicted of a crime. This process is widely known as a forfeiture. The forfeiture and seizure is not a separate criminal indictment, rather, it’s an additional proceeding that is closely connected with criminal acts. A prosecutor must prove a criminal defendant used the property in question in order to commit a criminal offense, obtained it from unlawful activity, or acquired it using funds from illicit conduct.
It should be noted that the prosecutor’s burden of proof in a forfeiture case is much lower than in a regular criminal proceeding. In some cases, this vital burden of proof becomes the responsibility of the defendant, who will have to be able to show that they have a lawful claim to the property or funds in question.
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