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To: robertpaulsen
2000, Congress passed CAFRA, which substantially changed the federal asset forfeiture laws.

Does CAFRA apply to each state's local law enforcement or only to federal agents?

The government would have to file within 90 days, and the government now has the burden of proof (not the defendant).

The government would have to file what within 90 days, charges aginst the person? Can they seize and hold on to the money during that 90 day period?

79 posted on 10/18/2006 5:22:54 AM PDT by DumpsterDiver
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To: DumpsterDiver
"Does CAFRA apply to each state's local law enforcement or only to federal agents?"

CAFRA is only federal. Each state has their own civil asset forfeiture laws. IIRC, most are worse than CAFRA.

"The government would have to file what within 90 days, charges aginst the person? Can they seize and hold on to the money during that 90 day period?"

Yes and yes. But if they seized a car or a boat or a home, and the person could show a compelling need for that seized asset (ie., to earn an income), the court may temporarily release the asset until the case is resolved. (I think that's new with CAFRA 2000.)

Cash? I don't think they'd release that.

83 posted on 10/18/2006 4:07:53 PM PDT by robertpaulsen
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