Idaho § 37-2804 - Forfeiture request - Rebuttable presumption
Full text of Idaho Idaho Statutes § 37-2804 — Forfeiture request - Rebuttable presumption, with citation guidance and answers to common questions.
§ 37-2804. Forfeiture request - Rebuttable presumption
Property subject to criminal forfeiture under this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 37-2801 , Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.
There is a rebuttable presumption that any property of a person subject to the provisions of section 37-2801 , Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:
(1) The property was acquired by a person during the period of the violation of chapter 27, title 37 , Idaho Code, or within a reasonable time after such violation; and
(2) There was no likely source for such property other than the violation of chapter 27, title 37 , Idaho Code.
[37-2804, added 1996, ch. 230, sec. 1, p. 750.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 37-2804
What does Idaho Statutes § 37-2804 cover?
Section 37-2804 ("Forfeiture request - Rebuttable presumption") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 37-2804?
A common citation format is "Idaho Statutes § 37-2804" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 37-2804 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.