Vermont § 4244 - Forfeiture hearing

§ 4244. Forfeiture hearing

• (a) Within 60 days following service of notice of seizure and forfeiture under section 4243 of this title, a claimant may file a demand for judicial determination of the forfeiture. The demand
  must be in the form of a civil complaint accompanied by a sworn affidavit setting
  forth the facts upon which the claimant intends to rely, including, if relevant, the
  noncriminal source of the asset or currency at issue. The demand must be filed with
  the court administrator in the county in which the seizure occurred. (b) The court shall hold a hearing on the petition as soon as practicable after, and in
  any event no later than 90 days following, the conclusion of the criminal prosecution. (c) A lienholder who has received notice of a forfeiture proceeding may intervene as a
  party. If the court finds that the lienholder has a valid, good faith interest in
  the subject property that is not held through a straw purchase, trust, or otherwise
  for the actual benefit of another and that the lienholder did not at any time have
  knowledge or reason to believe that the property was being or would be used in violation
  of the law, the court upon forfeiture shall order compensation to the lienholder to
  the extent of the lienholder’s interest. (d) The court shall not order the forfeiture of property if an owner, co-owner, or person
  who regularly uses the property, other than the defendant, shows by a preponderance
  of the evidence that the owner, co-owner, or regular user did not consent to or have
  any express or implied knowledge that the property was being or was intended to be
  used in a manner that would subject the property to forfeiture, or that the owner,
  co-owner, or regular user had no reasonable opportunity or capacity to prevent the
  defendant from using the property. (e) The proceeding shall be against the property and shall be deemed civil in nature.
  The State shall have the burden of proving all material facts by clear and convincing
  evidence. (f) The court shall make findings of fact and conclusions of law and shall issue a final
  order. If the petition is granted, the court shall order the property held for evidentiary
  purposes, delivered to the State Treasurer, or, in the case of regulated drugs or
  property that is harmful to the public, destroyed. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2015, No. 53, § 6.)