TDCAA Community
agreed chapter 59 forfeiture as evidence in criminal case

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5301093922

February 27, 2012, 15:03
Sara
agreed chapter 59 forfeiture as evidence in criminal case
We are in trial on a possession of controlled subbstance case. 1,000 dollars was seized from the defendant the night of his arrest for cocaine possession. The defendant entered into an agreed judgment as to the seizure of the money. The defendant is now using the defense that the cocaine was not his. Can the agreed judgment come in as an admission against interest?
February 27, 2012, 16:36
James
Not sure but I have always taken the position that doing that is bad for business. I don't want to discourage settlement in the forfeiture. I usually even put language in the agreement that it will not be used against you at a subsequent criminal matter to clear anything up. How is you agreement handled? Does the defendant sign it or just his attorney or both? Who would your witness be?
February 27, 2012, 16:37
Sara
It's a public record and a certified copy. Not sure if we need a witness to get it in.