                                 CODE OF VIRGINIA

FORFEITURE; DEFAULT JUDGMENT; REMISSION; TRIAL (§ 19.2-386.10)

A. A party defendant who fails to appear as provided in &#xA7; 19.2-386.9 shall
be in default. The forfeiture shall be deemed established as to the interest of
any party in default upon entry of judgment as provided in &#xA7; 19.2-386.11.
Within 21 days after entry of judgment, any party defendant against whom
judgment has been so entered may petition the Department of Criminal Justice
Services for remission of his interest in the forfeited property. For good cause
shown and upon proof by a preponderance of the evidence that the party
defendant&#8217;s interest in the property is exempt under subdivision 2, 3, or
4 of &#xA7; 19.2-386.8, the Department of Criminal Justice Services shall grant
the petition and direct the state treasury to either (i) remit to the party
defendant an amount not exceeding the party defendant&#8217;s interest in the
proceeds of sale of the forfeited property after deducting expenses incurred and
payable pursuant to subsection B of &#xA7; 19.2-386.12 or (ii) convey clear and
absolute title to the forfeited property in extinguishment of such interest.
			If any party defendant appears in accordance with &#xA7; 19.2-386.9, the
court shall proceed to trial of the case, unless trial by jury is demanded by
the Commonwealth or any party defendant. At trial, the Commonwealth has the
burden of proving by clear and convincing evidence that the property is subject
to forfeiture under this chapter. Upon such a showing by the Commonwealth, the
claimant has the burden of proving by a preponderance of the evidence that the
claimant&#8217;s interest in the property is exempt under subdivision 2, 3, or 4
of &#xA7; 19.2-386.8.

B. The information and trial thereon shall be independent of any criminal
proceeding against any party or other person for violation of law.

HISTORY: 1989, c. 690; 1991, c. 560; 2016, cc. 203, 423, 664; 2020, c. 1000.