TDCAA Community
Civil Forfeiture

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April 27, 2012, 16:40
Gordon LeMaire
Civil Forfeiture
Does the owner of currency (defendant in the criminal case) have to be present in a hearing on a forfeiture arising out of the criminal case? Defendant is now in TDC and I am getting some resistance to bench warranting him back.
April 30, 2012, 08:22
Mack T. Harrison
From what I understand, there's no due process violation if the civil hearing proceeds without the respondent. His attorney can still make an appearance on his behalf. If your repondent is pro se, however, there might be an issue.
April 30, 2012, 14:14
Brent Haynes
What kind of hearing? Is it even necessary?
May 02, 2012, 10:26
Gordon LeMaire
1) He does have an attorney.
2) I am filing summary judgement motion, but my judge hasn't taken kindly to such in the past.