60.6k views
0 votes
Where will the hearing be scheduled in court if the DA or SBA objects to the Motion to Set Aside Forfeiture?

User Nistvan
by
8.1k points

1 Answer

3 votes

Final answer:

The hearing will be scheduled in the court within the district where the crime occurred, unless factors necessitate a change of venue to ensure a fair trial.

Step-by-step explanation:

If the District Attorney (DA) or State Bar Association (SBA) objects to a Motion to Set Aside Forfeiture, the hearing will be scheduled in a court in the district where the crime was committed. This is generally the standard practice unless there are specific circumstances that warrant a change of venue. Factors such as extensive pre-trial publicity might make it difficult for a fair trial to be conducted in the original location. In such cases, the accused can request a change of venue to ensure that the trial is impartial.

In situations where the state courts are unable to come to a decision, or in the rare case where a governor requests federal court intervention, the hearing might be moved to a different court. It should also be noted that matters of civil forfeiture, which are often related to the Motion to Set Aside Forfeiture, are subject to legislative processes that could influence the outcome and interpretation of the law.

User Sebastian Hojas
by
7.6k points