{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.5.html"}],"law_id":70554,"edition_id":1,"section_id":70554,"structure_id":14527,"section_number":"19.2-386.5","catch_line":"Release of seized property","history":"1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756; 2025, c. 160.","full_text":"At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has been seized pursuant to Chapter 22.2 (\u00a7 19.2-386.15 et seq.) or other provision under the Code may, in his discretion, upon the payment of costs incident to the custody of the seized property, return the seized property to an owner or lien holder, without requiring that the owner or lien holder post bond as provided in \u00a7 19.2-386.6, if he believes the property is properly exempt from forfeiture pursuant to \u00a7 19.2-386.8.\n\t\tAt any time after the filing of an answer or upon default, on motion of the attorney for the Commonwealth or a vulnerable adult, the court may order the return of property to the vulnerable adult upon a showing that the property is the subject of a violation of \u00a7 18.2-178.1 or traceable to such a violation and is properly exempt from forfeiture pursuant to \u00a7 19.2-386.8.\n\t\tAny property seized and returned pursuant to \u00a7 19.2-386.36 shall not require the payment of costs or the posting of a bond.","order_by":null,"text":{"0":{"id":254593,"text":"At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has been seized pursuant to Chapter 22.2 (\u00a7 19.2-386.15 et seq.) or other provision under the Code may, in his discretion, upon the payment of costs incident to the custody of the seized property, return the seized property to an owner or lien holder, without requiring that the owner or lien holder post bond as provided in \u00a7 19.2-386.6, if he believes the property is properly exempt from forfeiture pursuant to \u00a7 19.2-386.8.\n\t\tAt any time after the filing of an answer or upon default, on motion of the attorney for the Commonwealth or a vulnerable adult, the court may order the return of property to the vulnerable adult upon a showing that the property is the subject of a violation of \u00a7 18.2-178.1 or traceable to such a violation and is properly exempt from forfeiture pursuant to \u00a7 19.2-386.8.\n\t\tAny property seized and returned pursuant to \u00a7 19.2-386.36 shall not require the payment of costs or the posting of a bond.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.5\/","history_text":"

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 4 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 2002, chapters 588<\/a> and 623<\/a>; in 2004, chapter 995<\/a>; in 2012, chapters 283<\/a> and 756<\/a>; in 2025, chapter 160<\/a>.<\/p>","references":[{"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":70609,"section_number":"19.2-386.4","catch_line":"Records and handling of seized property","order_by":null,"url":"\/19.2-386.4\/"}],"refers_to":[{"id":64349,"section_number":"18.2-178.1","catch_line":"Financial exploitation of vulnerable adults; penalty","order_by":null,"url":"\/18.2-178.1\/"},{"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":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":81018,"section_number":"19.2-386.6","catch_line":"Bond to secure possession","order_by":null,"url":"\/19.2-386.6\/"},{"id":74751,"section_number":"19.2-386.8","catch_line":"Exemptions","order_by":null,"url":"\/19.2-386.8\/"}],"permalink":{"id":170295,"object_type":"law","relational_id":70554,"identifier":"19.2-386.5","token":"19.2\/22.1\/19.2-386.5","url":"\/19.2-386.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.5\/","token":"19.2\/22.1\/19.2-386.5","dublin_core":{"Title":"Release of seized property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has been seized pursuant to Chapter 22.2 (\u00a7 19.2-386.15<\/a> et seq.) or other provision under the Code may, in his discretion, upon the payment of costs incident to the custody<\/span> of the seized property, return the seized property to an owner or lien<\/span> holder, without requiring that the owner or lien<\/span> holder post bond<\/span> as provided in \u00a7 19.2-386.6<\/a>, if he believes the property is properly exempt from forfeiture pursuant to \u00a7 19.2-386.8<\/a>.\n\t\tAt any time after the filing of an answer or upon default<\/span>, on motion<\/span> of the attorney for the Commonwealth or a vulnerable adult, the court<\/span> may order<\/span> the return of property to the vulnerable adult upon a showing that the property is the subject of a violation of \u00a7 18.2-178.1<\/a> or traceable to such a violation and is properly exempt from forfeiture pursuant to \u00a7 19.2-386.8<\/a>.\n\t\tAny property seized and returned pursuant to \u00a7 19.2-386.36<\/a> shall not require the payment of costs or the posting of a bond<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELEASE OF SEIZED PROPERTY (\u00a7 19.2-386.5)\n\nAt any time prior to the filing of an information, the attorney for the\nCommonwealth in the county or city in which the property has been seized\npursuant to Chapter 22.2 (\u00a7 19.2-386.15 et seq.) or other provision under the\nCode may, in his discretion, upon the payment of costs incident to the custody\nof the seized property, return the seized property to an owner or lien holder,\nwithout requiring that the owner or lien holder post bond as provided in \u00a7\n19.2-386.6, if he believes the property is properly exempt from forfeiture\npursuant to \u00a7 19.2-386.8.\n\t\tAt any time after the filing of an answer or upon default, on motion of the\nattorney for the Commonwealth or a vulnerable adult, the court may order the\nreturn of property to the vulnerable adult upon a showing that the property is\nthe subject of a violation of \u00a7 18.2-178.1 or traceable to such a violation and\nis properly exempt from forfeiture pursuant to \u00a7 19.2-386.8.\n\t\tAny property seized and returned pursuant to \u00a7 19.2-386.36 shall not require\nthe payment of costs or the posting of a bond.\n\nHISTORY: 1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756;\n2025, c. 160.","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}}