When does criminal forfeiture typically arise?

• A. In a criminal case after conviction.
• B. In a civil case before conviction.
• C. Only after the owner files a claim.
• D. When the government chooses to pursue forfeiture without charges.

Answer: (A)

Criminal forfeiture arises through the criminal process and is typically ordered after a defendant is convicted. Once conviction occurs, the court can order forfeiture of property that was used in the crime or that constitutes proceeds of the crime, as part of the sentence or as a separate disposition tied to the criminal case.

This is distinct from civil forfeiture, which may proceed in civil proceedings before any criminal conviction and does not require charges in a criminal case. The triggering event for criminal forfeiture is the criminal conviction itself, not someone filing a claim or the government pursuing a forfeiture without charges.