Legal Question in Criminal Law in Florida

does a judge have the right to order forefiture of money to a plaintiff [sheriff dept] if there is no proof that the money was used to committ a crime,the person hasn't had a trile yet or been convicted of a crime?this is from florida


Asked on 1/02/11, 3:23 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

The sheriff can not take money without a connection to a crime. However, you do not have to be convicted and often they will only do a forfeiture becuae the burden of proof for the sheriff is only preponderance of the evidence, as opposed to beyond a reasonable doubt in a criminal case.

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Answered on 1/07/11, 4:45 pm


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