Attached to this entry (under “Motions and Briefs”) are several sample motions and orders for use in property forfeiture. These motions and orders are drafted for use with controlled substance offenses, since this tends to be the most common area of forfeiture, but they can be adapted for use with other offenses as needed (to the extent permitted by statute).
For more information about when and how the state may pursue forfeiture in cases other than those involving controlled substance offenses, see the related entry on Forfeiture of Property: Proceeds and Specific Offenses.
The following motions and orders are currently available:
- Seizure Motion under G.S. 90-112 (Before Charges)
- Seizure Motion under G.S. 90-112 (After Charges)
- Seizure Order under G.S. 90-112(b)
- Motion: Forfeiture and Distribution under G.S. 90-112
- Order: Forfeiture and Distribution under G.S. 90-112
- Order: Disposition of Other Physical Evidence