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.
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.
What kind of hearing? Is it even necessary?
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.
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