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Help! I have a forfeiture hearing coming up in a couple of months that I am trying behind someone else's filing. Here's the thing: some of the items were seized at the scene of the crime in my county. The Defendant lives two counties away (out of jurisdiction). A search warrant was issued for Defendant's home in that other county and several items were seized there, too. My predecessor filed Ch 59 notice in our county on all the seized items in both places. I've read through Ch 59 and (unless I missed it) it doesn't say anything about jurisdiction, other than seizure by federal agents (which is not the case here). I looked on Lexis & didn't find anything either. Anyone out there ever handled a case like this or am I just "lucky" that way? | ||
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Member |
Look at Art. 59.04(b). The forfeiture petition must be filed "in the county in which the seizure is made..." I think you're in trouble re the items seized in a county other than the county in which your petition is filed. Sorry. | |||
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Member |
Sorry, I forgot to take this post down. I got my answer (same as yours) yesterday evening on the Criminal message board. Thanks! | |||
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