Terms Used In Utah Code > Title 77 > Chapter 11b - Forfeiture of Seized Property

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 77-11b-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a civil or criminal complaint seeking the forfeiture of any property under this chapter. See Utah Code 77-11b-101
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
• Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innocent owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
• Interest holder: means a person who holds or possesses a present, lawful property interest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficial owner. See Utah Code 38-9-102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• Known address: means :

  (a)	any address provided by a claimant to the peace officer or agency at the time the property is seized; or

  (b)

  the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 77-11b-101 Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101 Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Lien: A claim against real or personal property in satisfaction of a debt. Lien claimant: means a person claiming an interest in real property who offers a document for recording or filing with any county recorder in the state asserting a lien, or notice of interest, or other claim of interest in certain real property. See Utah Code 38-9-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who has a vested ownership interest in real property. See Utah Code 38-9-102 Peace officer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Person: means :Utah Code 68-3-12.5 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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: Probable cause: A reasonable ground for belief that the offender violated a specific law. Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record interest holder: includes any grantor in the chain of the title in real property. See Utah Code 38-9-102 Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101 Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations. State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Summons: Another word for subpoena used by the criminal justice system. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5 Wrongful lien: means any document that purports to create a lien, notice of interest, or encumbrance on an owner's interest in certain real property and at the time it is recorded is not: (a)  expressly authorized by this chapter or another state or federal statute; (b)  authorized by or contained in an order or judgment of a court of competent jurisdiction in the state; or (c)  signed by or authorized pursuant to a document signed by the owner of the real property. See Utah Code 38-9-102