Conviction required — Exceptions

Ark. Code Ann. § 5-5-612 — under Disposition of Contraband and Seized Property.

Ark. Code Ann. § 5-5-612

(a) There shall be no civil judgment under this subchapter and no property shall be forfeited unless the person from whom the property is seized is convicted of a felony offense under the Human Trafficking Act of 2013, § 5-18-101 et seq., that related to the property being seized and that permits the forfeiture of the property.

(b) The court may waive the conviction requirement under this section if the prosecuting attorney shows by clear and convincing evidence that, before a conviction, the person from whom the property was seized:(1) Died;(2) Was deported by the United States Government;(3) Was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement agency or prosecution;(4) Fled the jurisdiction or failed to appear on the underlying criminal charge;(5) Failed to answer the complaint for civil asset forfeiture under § 5-5-607 as specified in the Arkansas Rules of Civil Procedure;(6) Abandoned or disclaimed his or her ownership interest in the real or personal property seized; or(7) Agreed in writing with the prosecuting attorney and other parties as to the disposition of the real or personal property.

(1) Died;

(2) Was deported by the United States Government;

(3) Was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement agency or prosecution;

(4) Fled the jurisdiction or failed to appear on the underlying criminal charge;

(5) Failed to answer the complaint for civil asset forfeiture under § 5-5-607 as specified in the Arkansas Rules of Civil Procedure;

(6) Abandoned or disclaimed his or her ownership interest in the real or personal property seized; or

(7) Agreed in writing with the prosecuting attorney and other parties as to the disposition of the real or personal property.