{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.1.html"}],"law_id":68052,"edition_id":1,"section_id":68052,"structure_id":14527,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","history":"1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756; 2020, c. 1000.","full_text":"A\n\nExcept as otherwise specifically provided by law, whenever any property is forfeited to the Commonwealth by reason of the violation of any law, or if any statute provides for the forfeiture of any property or money, or if any property or money be seized as forfeited for a violation of any of the provisions of this Code, the Commonwealth shall follow the procedures set forth in this chapter.B\n\nAn action against any property subject to seizure under the provisions of Chapter 22.2 (&#xA7; 19.2-386.15 et seq.) shall be commenced by the filing of an information in the clerk&#8217;s office of the circuit court. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the Attorney General if so requested by the attorney for the Commonwealth. Venue for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property or the person in whose custody the property is found could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (a) name as parties defendant all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (b) specifically describe the property, (c) set forth in general terms the grounds for forfeiture of the named property, (d) pray that the same be condemned and sold or otherwise be disposed of according to law, and (e) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual discovery by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred.C\n\nAny action of forfeiture commenced under this section shall be stayed until the court in which the owner of the property or the person in whose custody the property is found is being prosecuted for an offense authorizing the forfeiture finds the owner or the person in whose custody the property is found guilty of any offense that authorizes forfeiture of such property, and any property eligible for forfeiture under the provisions of any statute shall be forfeited only upon such finding of guilt of the owner or the person in whose custody the property is found, regardless of whether the owner or the person in whose custody the property is found has been sentenced. If no such finding is made by the court, all property seized shall be released from seizure no later than 21 days from the date the stay terminates. However, property that has been seized may be forfeited pursuant to the procedures set forth in this chapter even though no finding of guilt is made if (i) such forfeiture is ordered by a court pursuant to a lawful plea agreement or (ii) the owner of the property or the person in whose custody the property was found has not submitted a written demand for the return of the property with the law-enforcement agency that seized the property within 21 days from the date the stay terminates.","order_by":null,"text":{"0":{"id":246403,"text":"Except as otherwise specifically provided by law, whenever any property is forfeited to the Commonwealth by reason of the violation of any law, or if any statute provides for the forfeiture of any property or money, or if any property or money be seized as forfeited for a violation of any of the provisions of this Code, the Commonwealth shall follow the procedures set forth in this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246404,"text":"An action against any property subject to seizure under the provisions of Chapter 22.2 (&#xA7; 19.2-386.15 et seq.) shall be commenced by the filing of an information in the clerk&#8217;s office of the circuit court. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the Attorney General if so requested by the attorney for the Commonwealth. Venue for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property or the person in whose custody the property is found could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (a) name as parties defendant all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (b) specifically describe the property, (c) set forth in general terms the grounds for forfeiture of the named property, (d) pray that the same be condemned and sold or otherwise be disposed of according to law, and (e) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual discovery by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246405,"text":"Any action of forfeiture commenced under this section shall be stayed until the court in which the owner of the property or the person in whose custody the property is found is being prosecuted for an offense authorizing the forfeiture finds the owner or the person in whose custody the property is found guilty of any offense that authorizes forfeiture of such property, and any property eligible for forfeiture under the provisions of any statute shall be forfeited only upon such finding of guilt of the owner or the person in whose custody the property is found, regardless of whether the owner or the person in whose custody the property is found has been sentenced. If no such finding is made by the court, all property seized shall be released from seizure no later than 21 days from the date the stay terminates. However, property that has been seized may be forfeited pursuant to the procedures set forth in this chapter even though no finding of guilt is made if (i) such forfeiture is ordered by a court pursuant to a lawful plea agreement or (ii) the owner of the property or the person in whose custody the property was found has not submitted a written demand for the return of the property with the law-enforcement agency that seized the property within 21 days from the date the stay terminates.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14527,"edition_id":1,"name":"Enforcement of Forfeitures","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:31","date_modified":"2026-06-26 03:48:31","permalink":{"id":170253,"object_type":"structure","relational_id":14527,"identifier":"22.1","token":"19.2\/22.1","url":"\/19.2\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68052,"structure_id":14527,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","url":"\/19.2-386.1\/","token":"19.2\/22.1\/19.2-386.1","metadata":false},{"id":57102,"structure_id":14527,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","url":"\/19.2-386.10\/","token":"19.2\/22.1\/19.2-386.10","metadata":false},{"id":85905,"structure_id":14527,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","url":"\/19.2-386.11\/","token":"19.2\/22.1\/19.2-386.11","metadata":false},{"id":77782,"structure_id":14527,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","url":"\/19.2-386.12\/","token":"19.2\/22.1\/19.2-386.12","metadata":false},{"id":68893,"structure_id":14527,"section_number":"19.2-386.13","catch_line":"Writ of error and supersedeas","url":"\/19.2-386.13\/","token":"19.2\/22.1\/19.2-386.13","metadata":false},{"id":84497,"structure_id":14527,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","url":"\/19.2-386.14\/","token":"19.2\/22.1\/19.2-386.14","metadata":false},{"id":56604,"structure_id":14527,"section_number":"19.2-386.2","catch_line":"Seizure of named property","url":"\/19.2-386.2\/","token":"19.2\/22.1\/19.2-386.2","metadata":false},{"id":68967,"structure_id":14527,"section_number":"19.2-386.2:1","catch_line":"Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner","url":"\/19.2-386.2_1\/","token":"19.2\/22.1\/19.2-386.2_1","metadata":false},{"id":65160,"structure_id":14527,"section_number":"19.2-386.3","catch_line":"Notice of seizure for forfeiture and notice of motion for judgment","url":"\/19.2-386.3\/","token":"19.2\/22.1\/19.2-386.3","metadata":false},{"id":70609,"structure_id":14527,"section_number":"19.2-386.4","catch_line":"Records and handling of seized property","url":"\/19.2-386.4\/","token":"19.2\/22.1\/19.2-386.4","metadata":false},{"id":70554,"structure_id":14527,"section_number":"19.2-386.5","catch_line":"Release of seized property","url":"\/19.2-386.5\/","token":"19.2\/22.1\/19.2-386.5","metadata":false},{"id":81018,"structure_id":14527,"section_number":"19.2-386.6","catch_line":"Bond to secure possession","url":"\/19.2-386.6\/","token":"19.2\/22.1\/19.2-386.6","metadata":false},{"id":79713,"structure_id":14527,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","url":"\/19.2-386.7\/","token":"19.2\/22.1\/19.2-386.7","metadata":false},{"id":74751,"structure_id":14527,"section_number":"19.2-386.8","catch_line":"Exemptions","url":"\/19.2-386.8\/","token":"19.2\/22.1\/19.2-386.8","metadata":false},{"id":55965,"structure_id":14527,"section_number":"19.2-386.9","catch_line":"Appearance by owner or lien holder","url":"\/19.2-386.9\/","token":"19.2\/22.1\/19.2-386.9","metadata":false}],"next_section":{"id":57102,"structure_id":14527,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","url":"\/19.2-386.10\/","token":"19.2\/22.1\/19.2-386.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.1\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapter 690 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 560; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0588\">588<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0623\">623<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0995\">995<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0283\">283<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0756\">756<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1000\">1000<\/a>.<\/p>","references":[{"id":59000,"section_number":"1-219.1","catch_line":"Limitations on eminent domain","order_by":null,"url":"\/1-219.1\/"},{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"},{"id":61538,"section_number":"18.2-340","catch_line":"County ordinances prohibiting illegal gambling","order_by":null,"url":"\/18.2-340\/"},{"id":78328,"section_number":"18.2-46.3:2","catch_line":"Forfeiture","order_by":null,"url":"\/18.2-46.3_2\/"},{"id":61704,"section_number":"18.2-515","catch_line":"Criminal penalties; forfeiture","order_by":null,"url":"\/18.2-515\/"},{"id":77923,"section_number":"18.2-516","catch_line":"(Effective July 1, 2026) Prohibition of illegal money transmitting","order_by":null,"url":"\/18.2-516\/"},{"id":77353,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","order_by":null,"url":"\/19.2-187\/"},{"id":59185,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","order_by":null,"url":"\/19.2-270.4\/"},{"id":84497,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","order_by":null,"url":"\/19.2-386.14\/"},{"id":76677,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","order_by":null,"url":"\/19.2-386.15\/"},{"id":60983,"section_number":"19.2-386.16","catch_line":"Forfeiture of motor vehicles used in commission of certain crimes","order_by":null,"url":"\/19.2-386.16\/"},{"id":59670,"section_number":"19.2-386.17","catch_line":"Forfeitures for computer crimes","order_by":null,"url":"\/19.2-386.17\/"},{"id":84430,"section_number":"19.2-386.19","catch_line":"Seizure of property used in connection with money laundering","order_by":null,"url":"\/19.2-386.19\/"},{"id":59919,"section_number":"19.2-386.20","catch_line":"Forfeiture of cigarettes sold or attempted to be sold in an unlawful delivery sale","order_by":null,"url":"\/19.2-386.20\/"},{"id":76319,"section_number":"19.2-386.21","catch_line":"Forfeiture of counterfeit and contraband cigarettes","order_by":null,"url":"\/19.2-386.21\/"},{"id":79626,"section_number":"19.2-386.22","catch_line":"Seizure of property used in connection with or derived from illegal drug transactions","order_by":null,"url":"\/19.2-386.22\/"},{"id":60469,"section_number":"19.2-386.29","catch_line":"Forfeiture of certain weapons used in commission of criminal offense","order_by":null,"url":"\/19.2-386.29\/"},{"id":85951,"section_number":"19.2-386.30","catch_line":"Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise; innocent owners or lienors","order_by":null,"url":"\/19.2-386.30\/"},{"id":66548,"section_number":"19.2-386.31","catch_line":"Seizure and forfeiture of property used in connection with the exploitation and solicitation of children","order_by":null,"url":"\/19.2-386.31\/"},{"id":76499,"section_number":"19.2-386.32","catch_line":"Seizure and forfeiture of property used in connection with the abduction of children","order_by":null,"url":"\/19.2-386.32\/"},{"id":85837,"section_number":"19.2-386.33","catch_line":"Forfeiture of money, etc., derived from violation of \u00a7\u00a7 2.2-3103 through 2.2-3112","order_by":null,"url":"\/19.2-386.33\/"},{"id":86284,"section_number":"19.2-386.34","catch_line":"Forfeiture of vehicle used in a felony violation of \u00a7 18.2-266","order_by":null,"url":"\/19.2-386.34\/"},{"id":79782,"section_number":"19.2-386.35","catch_line":"Seizure of property used in connection with certain offenses","order_by":null,"url":"\/19.2-386.35\/"},{"id":59228,"section_number":"19.2-386.36","catch_line":"Seizure of moneys or other assets of value in connection with or derived from financial exploitation of vulnerable adults","order_by":null,"url":"\/19.2-386.36\/"},{"id":54978,"section_number":"28.2-319","catch_line":"Forfeiture of fishing gear, etc","order_by":null,"url":"\/28.2-319\/"},{"id":54966,"section_number":"28.2-407","catch_line":"Forfeiture of fishing gear","order_by":null,"url":"\/28.2-407\/"},{"id":75891,"section_number":"28.2-821","catch_line":"Violations; penalty","order_by":null,"url":"\/28.2-821\/"},{"id":78933,"section_number":"28.2-900","catch_line":"Arrest with or without warrant; larceny; violations of boating laws and Title 62.1","order_by":null,"url":"\/28.2-900\/"},{"id":62834,"section_number":"29.1-407","catch_line":"Forfeiture of furs","order_by":null,"url":"\/29.1-407\/"},{"id":54761,"section_number":"29.1-521.2","catch_line":"Violation of \u00a7 18.2-286 while hunting; revocation of license and privileges","order_by":null,"url":"\/29.1-521.2\/"},{"id":83109,"section_number":"29.1-523.1","catch_line":"Hunting deer with sights after dark; forfeiture of weapon and sighting device","order_by":null,"url":"\/29.1-523.1\/"},{"id":82330,"section_number":"29.1-524","catch_line":"Forfeiture of vehicles and weapons used for killing or attempt to kill","order_by":null,"url":"\/29.1-524\/"},{"id":83897,"section_number":"29.1-549","catch_line":"Hunting deer from watercraft","order_by":null,"url":"\/29.1-549\/"},{"id":83441,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","order_by":null,"url":"\/3.2-4212\/"},{"id":62214,"section_number":"4.1-336","catch_line":"Contraband beverages and other articles subject to forfeiture","order_by":null,"url":"\/4.1-336\/"},{"id":60282,"section_number":"46.2-1087","catch_line":"Forfeiture of vehicles equipped with smoke projectors, etc","order_by":null,"url":"\/46.2-1087\/"},{"id":56078,"section_number":"46.2-1605","catch_line":"Vehicles rebuilt for highway use; examinations; branding of titles","order_by":null,"url":"\/46.2-1605\/"},{"id":73373,"section_number":"46.2-867","catch_line":"Racing; seizure of motor vehicle","order_by":null,"url":"\/46.2-867\/"},{"id":82351,"section_number":"48-16","catch_line":"Closure of nuisance involving illegal drug transactions","order_by":null,"url":"\/48-16\/"},{"id":87099,"section_number":"57-59","catch_line":"Enforcement of chapter; seizure of property connected with terrorism; penalties","order_by":null,"url":"\/57-59\/"},{"id":75931,"section_number":"58.1-1015","catch_line":"Removal, reuse, unauthorized sale, etc., of stamps; counterfeit stamps; seizure and forfeiture; penalties","order_by":null,"url":"\/58.1-1015\/"},{"id":66520,"section_number":"58.1-1021.04:3","catch_line":"Unlawful importation, transportation, or possession of tobacco products; civil penalty","order_by":null,"url":"\/58.1-1021.04_3\/"},{"id":56438,"section_number":"58.1-2274","catch_line":"Unlawful importing, transportation, delivery, storage, acquiring or sale of fuel; sale to enforce assessment","order_by":null,"url":"\/58.1-2274\/"},{"id":69571,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","order_by":null,"url":"\/59.1-92.13\/"}],"refers_to":[{"id":76677,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","order_by":null,"url":"\/19.2-386.15\/"}],"permalink":{"id":170255,"object_type":"law","relational_id":68052,"identifier":"19.2-386.1","token":"19.2\/22.1\/19.2-386.1","url":"\/19.2-386.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.1\/","token":"19.2\/22.1\/19.2-386.1","dublin_core":{"Title":"Commencing an action of forfeiture","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as otherwise specifically provided by <span class=\"dictionary\">law<\/span>, whenever any property is forfeited to the Commonwealth by reason of the violation of any <span class=\"dictionary\">law<\/span>, or if any <span class=\"dictionary\">statute<\/span> provides for the forfeiture of any property or money, or if any property or money be seized as forfeited for a violation of any of the provisions of this Code, the Commonwealth shall follow the procedures set forth in this chapter. <a id=\"paragraph-246403\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-386.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> An action against any property subject to seizure under the provisions of Chapter 22.2 (&#xA7; <a class=\"law\" title=\"Seizure of property used in connection with or derived from terrorism\" href=\"\/19.2-386.15\/\">19.2-386.15<\/a> et seq.) shall be commenced by the filing of an information in the clerk&#8217;s office of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the <span class=\"dictionary\">Attorney General<\/span> if so requested by the attorney for the Commonwealth. <span class=\"dictionary\">Venue<\/span> for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property or the person in whose <span class=\"dictionary\">custody<\/span> the property is found could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (a) name as parties <span class=\"dictionary\">defendant<\/span> all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (b) specifically describe the property, (c) set forth in general terms the grounds for forfeiture of the named property, (d) pray that the same be condemned and sold or otherwise be disposed of according to <span class=\"dictionary\">law<\/span>, and (e) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual <span class=\"dictionary\">discovery<\/span> by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred. <a id=\"paragraph-246404\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-386.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any action of forfeiture commenced under this section shall be stayed until the <span class=\"dictionary\">court<\/span> in which the owner of the property or the person in whose <span class=\"dictionary\">custody<\/span> the property is found is being prosecuted for an <span class=\"dictionary\">offense<\/span> authorizing the forfeiture finds the owner or the person in whose <span class=\"dictionary\">custody<\/span> the property is found guilty of any <span class=\"dictionary\">offense<\/span> that authorizes forfeiture of such property, and any property eligible for forfeiture under the provisions of any <span class=\"dictionary\">statute<\/span> shall be forfeited only upon such <span class=\"dictionary\">finding<\/span> of guilt of the owner or the person in whose <span class=\"dictionary\">custody<\/span> the property is found, regardless of whether the owner or the person in whose <span class=\"dictionary\">custody<\/span> the property is found has been sentenced. If no such <span class=\"dictionary\">finding<\/span> is made by the <span class=\"dictionary\">court<\/span>, all property seized shall be released from seizure no later than 21 days from the date the <span class=\"dictionary\">stay<\/span> terminates. However, property that has been seized may be forfeited pursuant to the procedures set forth in this chapter even though no <span class=\"dictionary\">finding<\/span> of guilt is made if (i) such forfeiture is ordered by a <span class=\"dictionary\">court<\/span> pursuant to a lawful <span class=\"dictionary\">plea<\/span> agreement or (ii) the owner of the property or the person in whose <span class=\"dictionary\">custody<\/span> the property was found has not submitted a written demand for the return of the property with the <span class=\"dictionary\">law<\/span>-enforcement agency that seized the property within 21 days from the date the <span class=\"dictionary\">stay<\/span> terminates. <a id=\"paragraph-246405\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-386.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOMMENCING AN ACTION OF FORFEITURE (\u00a7 19.2-386.1)\n\nA. Except as otherwise specifically provided by law, whenever any property is\nforfeited to the Commonwealth by reason of the violation of any law, or if any\nstatute provides for the forfeiture of any property or money, or if any property\nor money be seized as forfeited for a violation of any of the provisions of this\nCode, the Commonwealth shall follow the procedures set forth in this chapter.\n\nB. An action against any property subject to seizure under the provisions of\nChapter 22.2 (&#xA7; 19.2-386.15 et seq.) shall be commenced by the filing of an\ninformation in the clerk&#8217;s office of the circuit court. Any information\nshall be filed in the name of the Commonwealth by the attorney for the\nCommonwealth or may be filed by the Attorney General if so requested by the\nattorney for the Commonwealth. Venue for an action of forfeiture shall lie in\nthe county or city where (i) the property is located, (ii) the property is\nseized, or (iii) an owner of the property or the person in whose custody the\nproperty is found could be prosecuted for the illegal conduct alleged to give\nrise to the forfeiture. Such information shall (a) name as parties defendant all\nowners and lienholders then known or of record and the trustees named in any\ndeed of trust securing such lienholder, (b) specifically describe the property,\n(c) set forth in general terms the grounds for forfeiture of the named property,\n(d) pray that the same be condemned and sold or otherwise be disposed of\naccording to law, and (e) ask that all persons concerned or interested be\nnotified to appear and show cause why such property should not be forfeited. In\nall cases, an information shall be filed within three years of the date of\nactual discovery by the Commonwealth of the last act giving rise to the\nforfeiture or the action for forfeiture will be barred.\n\nC. Any action of forfeiture commenced under this section shall be stayed until\nthe court in which the owner of the property or the person in whose custody the\nproperty is found is being prosecuted for an offense authorizing the forfeiture\nfinds the owner or the person in whose custody the property is found guilty of\nany offense that authorizes forfeiture of such property, and any property\neligible for forfeiture under the provisions of any statute shall be forfeited\nonly upon such finding of guilt of the owner or the person in whose custody the\nproperty is found, regardless of whether the owner or the person in whose\ncustody the property is found has been sentenced. If no such finding is made by\nthe court, all property seized shall be released from seizure no later than 21\ndays from the date the stay terminates. However, property that has been seized\nmay be forfeited pursuant to the procedures set forth in this chapter even\nthough no finding of guilt is made if (i) such forfeiture is ordered by a court\npursuant to a lawful plea agreement or (ii) the owner of the property or the\nperson in whose custody the property was found has not submitted a written\ndemand for the return of the property with the law-enforcement agency that\nseized the property within 21 days from the date the stay terminates.\n\nHISTORY: 1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc.\n283, 756; 2020, c. 1000.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}