(a) (1) A prosecuting attorney shall initiate a forfeiture proceeding under this subchapter by filing a complaint with the circuit clerk of the county where the real or personal property was seized and by serving the complaint on all known owners and interest holders of the seized property in accordance with the Arkansas Rules of Civil Procedure.(2) The complaint may be based on in rem or in personam jurisdiction but shall not be filed in such a way as to avoid the distribution requirements set forth in § 5-5-609.(3) The prosecuting attorney shall mail a copy of the complaint to the Human Trafficking Coordinator within five (5) calendar days after filing the complaint.(4) The complaint shall include a copy of the confiscation report and shall be filed within sixty (60) days after receiving a copy of the confiscation report from the seizing law enforcement agency.(5) In a case involving real property, the complaint shall be filed within sixty (60) days of the defendant's conviction on the charge giving rise to the forfeiture.(6) (A) The complaint may be filed after the expiration of the time set forth in subdivisions (a)(4) and (a)(5) of this section only if the complaint is accompanied by a statement of good cause for the late filing.(B) However, in no event shall the complaint be filed more than one hundred twenty (120) days after either the date of the seizure or, in a case involving real property, the date of the defendant's conviction.(C) (i) If the circuit court determines that good cause has not been established, the circuit court shall order that the seized real or personal property be returned to the owner or interest holder.(ii) In addition to the requirements in subdivision (a)(6)(C)(i) of this section, real or personal property seized but not subject to forfeiture under this subchapter or subject to disposition pursuant to law or the Arkansas Rules of Criminal Procedure may be ordered returned to the owner or interest holder.(iii) If the owner or interest holder cannot be determined, the court may order disposition of the real or personal property as provided in § 5-5-608.
(1) A prosecuting attorney shall initiate a forfeiture proceeding under this subchapter by filing a complaint with the circuit clerk of the county where the real or personal property was seized and by serving the complaint on all known owners and interest holders of the seized property in accordance with the Arkansas Rules of Civil Procedure.
(2) The complaint may be based on in rem or in personam jurisdiction but shall not be filed in such a way as to avoid the distribution requirements set forth in § 5-5-609.
(3) The prosecuting attorney shall mail a copy of the complaint to the Human Trafficking Coordinator within five (5) calendar days after filing the complaint.
(4) The complaint shall include a copy of the confiscation report and shall be filed within sixty (60) days after receiving a copy of the confiscation report from the seizing law enforcement agency.
(5) In a case involving real property, the complaint shall be filed within sixty (60) days of the defendant's conviction on the charge giving rise to the forfeiture.
(6) (A) The complaint may be filed after the expiration of the time set forth in subdivisions (a)(4) and (a)(5) of this section only if the complaint is accompanied by a statement of good cause for the late filing.(B) However, in no event shall the complaint be filed more than one hundred twenty (120) days after either the date of the seizure or, in a case involving real property, the date of the defendant's conviction.(C) (i) If the circuit court determines that good cause has not been established, the circuit court shall order that the seized real or personal property be returned to the owner or interest holder.(ii) In addition to the requirements in subdivision (a)(6)(C)(i) of this section, real or personal property seized but not subject to forfeiture under this subchapter or subject to disposition pursuant to law or the Arkansas Rules of Criminal Procedure may be ordered returned to the owner or interest holder.(iii) If the owner or interest holder cannot be determined, the court may order disposition of the real or personal property as provided in § 5-5-608.
(A) The complaint may be filed after the expiration of the time set forth in subdivisions (a)(4) and (a)(5) of this section only if the complaint is accompanied by a statement of good cause for the late filing.
(B) However, in no event shall the complaint be filed more than one hundred twenty (120) days after either the date of the seizure or, in a case involving real property, the date of the defendant's conviction.
(C) (i) If the circuit court determines that good cause has not been established, the circuit court shall order that the seized real or personal property be returned to the owner or interest holder.(ii) In addition to the requirements in subdivision (a)(6)(C)(i) of this section, real or personal property seized but not subject to forfeiture under this subchapter or subject to disposition pursuant to law or the Arkansas Rules of Criminal Procedure may be ordered returned to the owner or interest holder.(iii) If the owner or interest holder cannot be determined, the court may order disposition of the real or personal property as provided in § 5-5-608.
(i) If the circuit court determines that good cause has not been established, the circuit court shall order that the seized real or personal property be returned to the owner or interest holder.
(ii) In addition to the requirements in subdivision (a)(6)(C)(i) of this section, real or personal property seized but not subject to forfeiture under this subchapter or subject to disposition pursuant to law or the Arkansas Rules of Criminal Procedure may be ordered returned to the owner or interest holder.
(iii) If the owner or interest holder cannot be determined, the court may order disposition of the real or personal property as provided in § 5-5-608.
(b) (1) Subject to the Arkansas Rules of Civil Procedure, a defendant who was arrested for an offense in violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall file with the circuit clerk an answer to the complaint that shall include:(A) A statement describing the seized real or personal property and the owner's or interest holder's interest in the seized real or personal property, with supporting documents to establish the owner's or interest holder's interest;(B) A certification by the owner or interest holder stating that he or she has read the answer and that it is not filed for any improper purpose;(C) A statement setting forth any defense to forfeiture; and(D) The address at which the owner or interest holder accepts mail.(2) Subject to the Arkansas Rules of Civil Procedure, a defendant who is a third party who was not arrested for an offense giving rise to a forfeiture action under this subchapter shall file an answer to the complaint with the circuit clerk within forty-five (45) days of service of process.
(1) Subject to the Arkansas Rules of Civil Procedure, a defendant who was arrested for an offense in violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall file with the circuit clerk an answer to the complaint that shall include:(A) A statement describing the seized real or personal property and the owner's or interest holder's interest in the seized real or personal property, with supporting documents to establish the owner's or interest holder's interest;(B) A certification by the owner or interest holder stating that he or she has read the answer and that it is not filed for any improper purpose;(C) A statement setting forth any defense to forfeiture; and(D) The address at which the owner or interest holder accepts mail.
(A) A statement describing the seized real or personal property and the owner's or interest holder's interest in the seized real or personal property, with supporting documents to establish the owner's or interest holder's interest;
(B) A certification by the owner or interest holder stating that he or she has read the answer and that it is not filed for any improper purpose;
(C) A statement setting forth any defense to forfeiture; and
(D) The address at which the owner or interest holder accepts mail.
(2) Subject to the Arkansas Rules of Civil Procedure, a defendant who is a third party who was not arrested for an offense giving rise to a forfeiture action under this subchapter shall file an answer to the complaint with the circuit clerk within forty-five (45) days of service of process.
(c) (1) If the owner or interest holder fails to file an answer as required by subsection (b) of this section, the prosecuting attorney may move for default judgment pursuant to the Arkansas Rules of Civil Procedure.(2) If a timely answer is filed:(A) By a defendant who was arrested for an offense giving rise to the forfeiture action under this section, the prosecuting attorney shall prove by a preponderance of the evidence that the seized real or personal property should be forfeited; or(B) By a third party who was not arrested for an offense giving rise to the forfeiture action, the prosecuting attorney shall prove by clear and convincing evidence that the seized real or personal property should be forfeited.(3) (A) After the prosecuting attorney has presented proof under subdivision (c)(2) of this section, any owner or interest holder of the real or personal property seized may present evidence why the seized real or personal property should not be forfeited.(B) If the circuit court determines that grounds for forfeiting the seized real or personal property exist and that no defense to forfeiture has been established by the owner or interest holder, the circuit court shall enter an order under § 5-5-608.(C) If the circuit court determines that the prosecuting attorney has failed to establish that grounds for forfeiture of the seized real or personal property exist or that the owner or interest holder has established a defense to the forfeiture, the court shall order that the seized real or personal property be immediately returned to the owner or interest holder.
(1) If the owner or interest holder fails to file an answer as required by subsection (b) of this section, the prosecuting attorney may move for default judgment pursuant to the Arkansas Rules of Civil Procedure.
(2) If a timely answer is filed:(A) By a defendant who was arrested for an offense giving rise to the forfeiture action under this section, the prosecuting attorney shall prove by a preponderance of the evidence that the seized real or personal property should be forfeited; or(B) By a third party who was not arrested for an offense giving rise to the forfeiture action, the prosecuting attorney shall prove by clear and convincing evidence that the seized real or personal property should be forfeited.
(A) By a defendant who was arrested for an offense giving rise to the forfeiture action under this section, the prosecuting attorney shall prove by a preponderance of the evidence that the seized real or personal property should be forfeited; or
(B) By a third party who was not arrested for an offense giving rise to the forfeiture action, the prosecuting attorney shall prove by clear and convincing evidence that the seized real or personal property should be forfeited.
(3) (A) After the prosecuting attorney has presented proof under subdivision (c)(2) of this section, any owner or interest holder of the real or personal property seized may present evidence why the seized real or personal property should not be forfeited.(B) If the circuit court determines that grounds for forfeiting the seized real or personal property exist and that no defense to forfeiture has been established by the owner or interest holder, the circuit court shall enter an order under § 5-5-608.(C) If the circuit court determines that the prosecuting attorney has failed to establish that grounds for forfeiture of the seized real or personal property exist or that the owner or interest holder has established a defense to the forfeiture, the court shall order that the seized real or personal property be immediately returned to the owner or interest holder.
(A) After the prosecuting attorney has presented proof under subdivision (c)(2) of this section, any owner or interest holder of the real or personal property seized may present evidence why the seized real or personal property should not be forfeited.
(B) If the circuit court determines that grounds for forfeiting the seized real or personal property exist and that no defense to forfeiture has been established by the owner or interest holder, the circuit court shall enter an order under § 5-5-608.
(C) If the circuit court determines that the prosecuting attorney has failed to establish that grounds for forfeiture of the seized real or personal property exist or that the owner or interest holder has established a defense to the forfeiture, the court shall order that the seized real or personal property be immediately returned to the owner or interest holder.