18-5625. PROPORTIONALITY. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the relevant provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to […]
18-5626. AUTHORITY OF THE ATTORNEY GENERAL. With respect to property ordered forfeited under the provisions of this chapter, the attorney general or appropriate prosecuting attorney is authorized to: (1) Restore forfeited property to victims of a violation of relevant provisions of this chapter, or take any other action to protect the rights of innocent persons […]
18-5627. BAR ON INTERVENTION. Except as provided in sections 18-5623 and 18-5624, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may: (1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under the provisions of this chapter; or (2) Commence an […]
18-5628. JURISDICTION — DEPOSITIONS. The district courts of the state of Idaho shall have jurisdiction over: (1) Property for which forfeiture is sought that is within the state at the time the action is filed; or (2) The interest of a co-owner or interest holder in the property if the co-owner or interest holder is […]
18-5629. DISPOSITION OF PROPERTY. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest […]
18-5630. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 18-5612, Idaho Code, as a result of any act or omission of the defendant: (1) Cannot be located upon the exercise of due diligence; (2) Has been transferred or sold to, or deposited with, a third party; (3) Has been placed beyond […]
18-5631. CONSTRUCTION. The provisions of this chapter shall be liberally construed to effectuate its remedial purposes. History: [18-5631, added 2013, ch. 249, sec. 14, p. 608.]
