LAW OFFICES OF MARY PREVOST: FAILURE TO COMBINE TRIALS ON GUILT AND ASSET FORFEITURE
FAILURE TO COMBINE TRIALS ON GUILT AND ASSET FORFEITURE
The forfeiture statutes are almost always confusing. When the seized property is valued at less than $25,000, a prerequisite to forfeiture is a conviction. Here, the defendant had a trial and lost.
The DA then initiated forfeiture proceedings for cash seized from the defendant, under H&S 11470. The California Court of Appeal construes H&S 11488.4 to require that the trial on the forfeiture occur before the same judge or jury as the trial on guilt, and precludes any forfeiture proceedings in light of the failure to have that happen here. The question is whether this rule applies where we plead, as opposed to going to trial. Not clear.
People v. $10,153.38; 2009 DJ DAR 17424; DJ, 12/15/09; C/A 2nd, Div. 3
