2006 Code of Virginia § 19.2-386.10 - Trial

19.2-386.10. Trial.

A. A party defendant who fails to appear as provided in 19.2-386.9 shall bein default. The forfeiture shall be deemed established as to the interest ofany party in default upon entry of judgment as provided in 19.2-386.11.Within twenty-one days after entry of judgment, any party defendant againstwhom judgment has been so entered may petition the Department of CriminalJustice Services for remission of his interest in the forfeited property.For good cause shown and upon proof that the party defendant's interest inthe property is exempt under subdivision 2, 3 or 4 of 19.2-386.8, theDepartment of Criminal Justice Services shall grant the petition and directthe state treasury to either (i) remit to the party defendant an amount notexceeding the party defendant's interest in the proceeds of sale of theforfeited property after deducting expenses incurred and payable pursuant tosubsection B of 19.2-386.12 or (ii) convey clear and absolute title to theforfeited property in extinguishment of such interest.

If any party defendant appears in accordance with 19.2-386.9, the courtshall proceed to trial of the case, unless trial by jury is demanded by theCommonwealth or any party defendant. At trial, the Commonwealth has theburden of proving that the property is subject to forfeiture under thischapter. Upon such a showing by the Commonwealth, the claimant has theburden of proving that the claimant's interest in the property is exemptunder subdivision 2, 3 or 4 of 19.2-386.8. The proof of all issues shallbe by a preponderance of the evidence.

B. The information and trial thereon shall be independent of any criminalproceeding against any party or other person for violation of law. However,upon motion and for good cause shown, the court may stay a forfeitureproceeding that is related to any indictment or information.

(1989, c. 690; 1991, c. 560.)