Yep, There is gonna be an auction at your neighbors house soon. Head over, Might be able to pick up some cheap braided lines and fittings from the Meth lab.
OT - Legal Question
Thread Starter
Instructor
Joined: Aug 2002
Posts: 231
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OT - Legal Question
This is way off topic, but, I have a legal question I am not finding an answer to so I thought I would bounce it off of you guys and see who might know something about this.
My next door neighbor (1/4 mile away) is a convicted felon and today he was supposed to be sentenced to more time for being in possession of a firearm (pulled a sawed off shotgun on the police). He has already plea bargained and today was his day to see how many years he receives. Anyway, yesterday there is a posting about his case (we are following this on the federal court site on the internet) that said "MOTION for preliminary order of forfeiture". Do any of you know what this means?
As if he is not already in enough trouble, late yesterday afternoon the police served a warrant on their house and busted a working meth lab. One lady was so stoned they hauled her in to the hospital in an ambulance.
I have a feeling that my neighborhood is going to be a much safer place for a few years now.
Thanks in advance for any help any of you might know of about this "MOTION for preliminary order of forfeiture" and what it means.
My next door neighbor (1/4 mile away) is a convicted felon and today he was supposed to be sentenced to more time for being in possession of a firearm (pulled a sawed off shotgun on the police). He has already plea bargained and today was his day to see how many years he receives. Anyway, yesterday there is a posting about his case (we are following this on the federal court site on the internet) that said "MOTION for preliminary order of forfeiture". Do any of you know what this means?
As if he is not already in enough trouble, late yesterday afternoon the police served a warrant on their house and busted a working meth lab. One lady was so stoned they hauled her in to the hospital in an ambulance.
I have a feeling that my neighborhood is going to be a much safer place for a few years now.
Thanks in advance for any help any of you might know of about this "MOTION for preliminary order of forfeiture" and what it means.
Melting Slicks
Joined: Apr 2002
Posts: 2,103
Likes: 0
From: Tucson AZ
Without digging further, many states can now seize property when it has been used in certain (drug-related) crimes. In Arizona, authorities can seize cars used for transporting drugs. Generally the property is then sold at auction to hep further fund law enforcement.
Team Owner
Joined: Aug 1999
Posts: 30,995
Likes: 99
From: Ontario
The authorities are going to seize his property and possibly other assets.
http://www.vuwriter.com/vuforms.jsp?...key=FM00000614
http://www.vuwriter.com/vuforms.jsp?...key=FM00000614
Instructor
Joined: Mar 2002
Posts: 238
Likes: 1
From: Conyers GA
Originally Posted by PRND21
Does he have a vette? 
Govt will auction off his stuff!
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Race Director
Joined: Jul 2004
Posts: 12,703
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From: Scottsdale Arizona
Yep, There is gonna be an auction at your neighbors house soon. Head over, Might be able to pick up some cheap braided lines and fittings from the Meth lab.[/QUOTE]
This is the ultimate in optimism!
This is the ultimate in optimism!
Safety Car
Joined: Jun 2004
Posts: 4,652
Likes: 80
From: Lakeland Florida
Legal Definition
Hello,
I looked up the MOTION FOR PRELIMINARY ORDER OF FORFEITURE in my Blacks Law Dictionary.
This is an early (PRELIMINARY) request made to a judge (MOTION) to transfer the rights, title or interests of property (FORFEITURE) when the defendant is convicted of a criminal offense for which forefeiture is provided as a sanction, or when a defendant enters a guilty plea for thier offense. This will then transfer the defendants interest in the property seized to the United States. The preliminary order becomes final at the time of the defendants sentencing, but it remains preliminary to all third parties until all claims are litigated.
Now I'm not a lawyer, but I did stay at a Holiday Express last night.
kdf 1973 454
kdf 1986 L98
I looked up the MOTION FOR PRELIMINARY ORDER OF FORFEITURE in my Blacks Law Dictionary.
This is an early (PRELIMINARY) request made to a judge (MOTION) to transfer the rights, title or interests of property (FORFEITURE) when the defendant is convicted of a criminal offense for which forefeiture is provided as a sanction, or when a defendant enters a guilty plea for thier offense. This will then transfer the defendants interest in the property seized to the United States. The preliminary order becomes final at the time of the defendants sentencing, but it remains preliminary to all third parties until all claims are litigated.
Now I'm not a lawyer, but I did stay at a Holiday Express last night.
kdf 1973 454
kdf 1986 L98
Burning Brakes
Joined: Aug 2004
Posts: 856
Likes: 2
From: Tyler Texas
KDF is correct. Also, as stated above by others, the forfeiture can be real estate, firearms, autos, etc. With federal drug convictions the forfeiture to the U.S Govt. is usually cash, real estate, or autos. In firearm cases (i.e.felon in possession of firearm) the federal current trend is to forfeit the firearm itself.
I did not stay at a Holiday Inn last night, I am a lawyer.
I did not stay at a Holiday Inn last night, I am a lawyer.