New Jersey Is Now The 16th State To Require Convictions For Civil Forfeiture

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New Jersey Is Now The 16th State To Require Convictions For Civil Forfeiture
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New Jersey is now the 16th state to require convictions for civil forfeiture—which lets police and prosecutors confiscate property without ever having to charge someone with a crime

Share to twitterNew Jersey became the latest state to protect individuals from civil forfeiture, which lets police and prosecutors confiscate property without ever having to charge someone with a crime. Signed by Gov. Phil Murphy last week, under the new law , prosecutors will need to secure a criminal conviction to forfeit property valued at or below $10,000, or less than $1,000 in cash.

The state’s new conviction requirements should apply to the overwhelming majority of property confiscated by New Jersey law enforcement. Data “New Jersey has some of the worst civil forfeiture laws in the nation, and we hope this legislation will build momentum for further reforms,” said Institute for Justice Senior Legislative Counsel Lee McGrath. “Along with our coalition partners at the ACLU of New Jersey and Americans for Prosperity, we will keep fighting until New Jersey’s rigged system is abolished, once and for all.”

Most worryingly, A.4970 does not apply to cases where no one has filed a claim for the seized property. Since hiring an attorney often costs more than the property itself, very few have the means to fight back in court. that shines a light on this issue. Civil cases involving disputes of up to $15,000 are heard in the Law Division’s Special Civil Part DC-docket. In 2017 and 2018, there were 6,934 forfeiture filings. Yet only 681 of those filings—less than a tenth—had answers filed.

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