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I have a forefeiture trial starting this morning. Defendant was convicted of evading with the car we are seeking to forfeit, but the conviction has not even run the 30 days for Motion for New Trial and defendant's lawyer has announced intent to appeal on that record. He is now arguing that the conviction is not admissible in the forfeiture trial until it has become final. I know we could wait for MNT deadline and maybe even wait for the appeal to run its course, but that is not how we are proceeding. Anybody got any law to show I can admit the jury's conviction of the criminal offense (in its current state) during this forfeiture trial?
 
Posts: 51 | Location: Montogmery County | Registered: June 23, 2003Reply With QuoteReport This Post
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No can do. You will have to prove the case through the presentation of evidence. You don't say how you got the conviction. But, if defendant pleaded guilty and gave a judicial confession, that would be admissible. Why not call the defendant as your first witness?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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