Code of Virginia - Title 19.2 Criminal Procedure - Chapter 22.1 Forfeitures In Drug Cases

• 19.2-386.1 Commencing an action of forfeiture
  An action against any property subject to seizure under the provisions of § 19.2-386.15 or § 19.2-386.22 shall be commenced by the filing of an ...
• 19.2-386.2 Seizure of named property
  A. When any property subject to seizure under § 19.2-386.15 or § 19.2-386.22 has not been seized at the time an information naming that property ...
• 19.2-386.3 Notice of seizure for forfeiture and notice of motion for judgment
  A. If an information has not been filed, then upon seizure of any property under § 19.2-386.15 or § 19.2-386.22, the agency seizing the property ...
• 19.2-386.4 Records and handling of seized property
  Any agency seizing property under §§ 19.2-386.2, 19.2-386.15 or § 19.2-386.22, pending forfeiture and final disposition, may do any of the following: 1. Place the ...
• 19.2-386.5 Release of seized property
  At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has ...
• 19.2-386.6 Bond to secure possession
  If the owner or lien holder of the named property desires to obtain possession thereof before the hearing on the information filed against the same, ...
• 19.2-386.7 Sale of property liable to deterioration
  If the property seized is perishable or liable to deterioration, decay, or injury by being detained in custody pending the proceedings, the circuit court for ...
• 19.2-386.8 Exemptions
  The following exemptions shall apply to property otherwise subject to forfeiture: 1. No conveyance used by any person as a lawfully certified common carrier in ...
• 19.2-386.9 Appearance by owner or lien holder
  Any person claiming to be an owner or lien holder of the named property may appear at any time within thirty days after service on ...
• 19.2-386.10 Trial
  A. A party defendant who fails to appear as provided in § 19.2-386.9 shall be in default. The forfeiture shall be deemed established as to ...
• 19.2-386.11 Judgment of condemnation; destruction
  A. If the forfeiture is established, the judgment shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted ...
• 19.2-386.12 Sale of forfeited property
  A. Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible ...
• 19.2-386.13 Writ of error and supersedeas
  For the purpose of review on a writ of error or supersedeas, a final judgment or order in the cause shall be deemed a final ...
• 19.2-386.14 Sharing of forfeited drug assets
  A. All cash, negotiable instruments and proceeds from a sale conducted pursuant to § 19.2-386.7 or § 19.2-386.12, after deduction of expenses, fees and costs ...

Last modified: April 3, 2009