(a) In personam jurisdiction may be based on a defendant's presence in the state, or on his or her conduct in the state, as set out in § 16-4-101(B), and is subject to the provisions of subsection (b) of this section.
(b) (1) A temporary restraining order under this section may be entered ex parte on application of the state, upon a showing that:(A) There is probable cause to believe that the property with respect to which the order is sought is subject to forfeiture under this section; and(B) Notice of the action would jeopardize the availability of the property for forfeiture.(2) Notice of the entry of a temporary restraining order and an opportunity for a hearing shall be afforded to a person known to have an interest in the real or personal property.(3) A hearing under subdivision (b)(2) of this section shall be held at the earliest possible date consistent with Rule 65 of the Arkansas Rules of Civil Procedure and is limited to the issues of whether:(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the temporary restraining order will result in the real or personal property being destroyed, conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the circuit court, concealed, or otherwise made unavailable for forfeiture; and(B) The need to preserve the availability of real or personal property through the entry of the temporary restraining order outweighs the hardship on any owner or interest holder against whom the temporary restraining order is to be entered.
(1) A temporary restraining order under this section may be entered ex parte on application of the state, upon a showing that:(A) There is probable cause to believe that the property with respect to which the order is sought is subject to forfeiture under this section; and(B) Notice of the action would jeopardize the availability of the property for forfeiture.
(A) There is probable cause to believe that the property with respect to which the order is sought is subject to forfeiture under this section; and
(B) Notice of the action would jeopardize the availability of the property for forfeiture.
(2) Notice of the entry of a temporary restraining order and an opportunity for a hearing shall be afforded to a person known to have an interest in the real or personal property.
(3) A hearing under subdivision (b)(2) of this section shall be held at the earliest possible date consistent with Rule 65 of the Arkansas Rules of Civil Procedure and is limited to the issues of whether:(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the temporary restraining order will result in the real or personal property being destroyed, conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the circuit court, concealed, or otherwise made unavailable for forfeiture; and(B) The need to preserve the availability of real or personal property through the entry of the temporary restraining order outweighs the hardship on any owner or interest holder against whom the temporary restraining order is to be entered.
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the temporary restraining order will result in the real or personal property being destroyed, conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the circuit court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of real or personal property through the entry of the temporary restraining order outweighs the hardship on any owner or interest holder against whom the temporary restraining order is to be entered.
(c) The state has the burden of proof by a preponderance of the evidence to show that the defendant's real or personal property is subject to forfeiture.
(d) (1) After a determination of liability of a person for conduct giving rise to forfeiture under this subchapter, the circuit court shall enter a judgment of forfeiture of the real or personal property subject to forfeiture as alleged in the complaint and may authorize the prosecuting attorney or any law enforcement officer to seize any real or personal property subject to forfeiture under § 5-5-601 not previously seized or not then under seizure.(2) The order of forfeiture shall be consistent with § 5-5-608.(3) In connection with the judgment, on application of the state, the circuit court may enter any appropriate order to protect the interest of the state in the forfeited property.
(1) After a determination of liability of a person for conduct giving rise to forfeiture under this subchapter, the circuit court shall enter a judgment of forfeiture of the real or personal property subject to forfeiture as alleged in the complaint and may authorize the prosecuting attorney or any law enforcement officer to seize any real or personal property subject to forfeiture under § 5-5-601 not previously seized or not then under seizure.
(2) The order of forfeiture shall be consistent with § 5-5-608.
(3) In connection with the judgment, on application of the state, the circuit court may enter any appropriate order to protect the interest of the state in the forfeited property.
(e) Subsequent to the finding of liability and order of forfeiture, the following procedures apply:(1) The prosecuting attorney shall give notice of pending forfeiture, in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, to any owner or interest holder who has not previously been given notice;(2) An owner of or interest holder in the real or personal property that has been ordered forfeited and whose claim is not precluded may file a claim within thirty (30) days after initial notice of pending forfeiture or after notice under Rule 4 of the Arkansas Rules of Civil Procedure, whichever is earlier; and(3) The circuit court may amend the in personam order of forfeiture if the circuit court determines that a claimant has established that he or she has an interest in the real or personal property and that the interest is exempt under § 5-5-602.
(1) The prosecuting attorney shall give notice of pending forfeiture, in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure, to any owner or interest holder who has not previously been given notice;
(2) An owner of or interest holder in the real or personal property that has been ordered forfeited and whose claim is not precluded may file a claim within thirty (30) days after initial notice of pending forfeiture or after notice under Rule 4 of the Arkansas Rules of Civil Procedure, whichever is earlier; and
(3) The circuit court may amend the in personam order of forfeiture if the circuit court determines that a claimant has established that he or she has an interest in the real or personal property and that the interest is exempt under § 5-5-602.