Virginia law § 19.2-386.10 outlines the procedures for civil forfeiture cases, including default judgments, petitions for remission, and trial processes. It specifies how parties can contest forfeiture and the burden of proof required at trial. The law also details options for remitting interests or transferring property titles.
If a defendant fails to appear, they are in default, and the forfeiture is deemed established against their interest once a judgment is entered.
Yes, within 21 days of judgment, a party can petition the Department of Criminal Justice Services for remission if they believe their interest is exempt.
The Commonwealth must prove by clear and convincing evidence that the property is subject to forfeiture, and the claimant must prove their exemption by a preponderance of the evidence.
Yes, the Department can remit the interest or convey clear title to the forfeited property if the claimant's interest qualifies for exemption.