Forfeiture removes property connected to criminal activity. It proceeds in three forms and each carries different protections.

Criminal forfeiture is part of the sentence, requires a conviction, and reaches property of the defendant traceable to the offense.

Civil judicial forfeiture is an action against the property itself, requiring proof by a preponderance that the property is connected to the offense. No criminal charge is required, and claimants must file a verified claim within short deadlines.

Administrative forfeiture proceeds without court involvement where no claim is filed after notice, which is how a great deal of property is forfeited by default.

Innocent owner defense. A claimant who did not know of the conduct, or who did all that reasonably could be expected on learning of it, may prevail. The burden is on the claimant.

Substitute assets. Where tainted property is unavailable, other property may be substituted in criminal forfeiture.

Restraint before trial. Pretrial restraint of assets is permitted for property traceable to the offense, and there is a constitutional right to a hearing where restraint of untainted assets impairs the ability to retain counsel.

Practical urgency. Deadlines for filing claims are short and unforgiving, and the failure to file on time forfeits the property regardless of merit.