Wednesday, August 13, 2014

Massachusetts Controlled Substances Act Civil Forfeiture

Massachusetts General Laws, Chapter 94C, section 47 provides for civil forfeiture of property involved in the violation of the Controlled Substances Act, Mass. General Laws, Chapter 94C.

Unlike many other civil actions, this action is in rem, that is “directed against property itself….or it seeks to bar the interests of all persons in the res.” Massachusetts Practice Series, vol. 9 Civil Practice, section 3.4 Jurisdiction--Actions in Rem (3rd Ed.)

Since the complaint issues against the property to be seized, persons claiming an interest in the property must file a motion to intervene under Mass.R.Civ.P. 24
[T]he commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the property is not forfeitable….
M.G.L. c. 94C, s. 47(d)

Print and Audio CD Resources:

Guns, Drugs and Money (MCLE 2013) Helpful sample pleadings, including motion to intervene, answer, defendant’s answers to first set of interrogatories, and motion to dismiss complaint under Mass.R.Civ.P. 12(b)(6)

Guns, Drugs and Money, Audio CDs (MCLE 2013)

Trying Drug Cases in Massachusetts (MCLE 2010) section 15.9 Civil Forfeiture

Massachusetts Practice Series, vol. 14A, Summary of Basic Law, section 7.243 “Forfeiture of property connected to illegal transactions involving controlled substances” (4th Ed.)

Massachusetts Practice Series, vol. 6, Rules Practice, section 24.2 Intervention as of Right (2nd Ed.)

Defense of Narcotics Cases, vol. 2, Chapter 4C State Forfeiture (Lexis 2013)

Good Reading!