New Hampshire Revised Statutes 617:1-a – Criminal Forfeiture; Property Subject to Forfeiture
Current as of: 2023 | Check for updates
|
Other versions
I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to N.H. Rev. Stat. § 318-B:17-b, the court may order the person convicted to forfeit:
(a) Property the person derived from the commission of the crime;
(b) Property directly traceable to property derived from the commission of the crime; and
(c) Instrumentalities the person used in the commission of the crime.
II. When a conviction or agreement of the parties is not possible due to the person’s death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
IV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
V. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.
(a) Property the person derived from the commission of the crime;
Terms Used In New Hampshire Revised Statutes 617:1-a
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
(b) Property directly traceable to property derived from the commission of the crime; and
(c) Instrumentalities the person used in the commission of the crime.
II. When a conviction or agreement of the parties is not possible due to the person’s death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
IV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
V. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.