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	<title>the chetson firm, pllccivil asset forfeiture | The Chetson Firm, PLLC &#8211; Aggressive, Professional Raleigh Criminal Lawyers</title>
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	<description>A caring Raleigh Criminal Lawyer who aggressively defends people in state and federal courts accused of serious felonies, misdemeanors, and Driving While Impaired charges.</description>
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		<title>North Carolina Criminal Lawyer: Profiting from Crimes</title>
		<link>http://www.chetson.com/2010/02/north-carolina-criminal-lawyer-profiting-from-crimes/</link>
		<comments>http://www.chetson.com/2010/02/north-carolina-criminal-lawyer-profiting-from-crimes/#comments</comments>
		<pubDate>Fri, 26 Feb 2010 06:39:55 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Cary Criminal Lawyer]]></category>
		<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
		<category><![CDATA[civil asset]]></category>
		<category><![CDATA[civil asset forfeiture]]></category>
		<category><![CDATA[criminal defense attorney raleigh]]></category>
		<category><![CDATA[Criminal Lawyer Raleigh]]></category>

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		<description><![CDATA[Can you profit from your crime in North Carolina? What happens if you commit a crime, and then attempt to profit from it either from collecting on life insurance &#8211; for instance, you&#8217;ve killed someone and want to collect on the insurance or inheritance &#8211; or indirectly.
North Carolina, like all states, prevents people from both [...]]]></description>
			<content:encoded><![CDATA[<p>Can you profit from your crime in North Carolina?   What happens if you commit a crime, and then attempt to profit from it either from collecting on life insurance – for instance, you’ve killed someone and want to collect on the insurance or inheritance – or indirectly.</p>
<p>North Carolina, like all states, prevents people from both profiting from a crime directly and indirectly.</p>
<p>In addition, North Carolina has a civil asset forfeiture provision which prevents people from profiting from other kinds of criminal activity – for instance the sale of drugs. A civil asset forfeiture action involves the seizure of the property and requires a person who wishes to recover that property to identify that the property was not part of the illegal gains of criminal activity.</p>
<p>Here’s the statute:</p>
<p>N.C.G.S. 14-2.3. Forfeiture of gain acquired through criminal activity.<br />
(a) Except as is otherwise provided in Article 3 of Chapter 31A, in the case of any violation of Article 13A of Chapter 14, or a general statute constituting a felony other than a nonwillful homicide, any money or other property or interest in property acquired thereby shall be forfeited to the State of North Carolina, including any profits, gain, remuneration, or compensation directly or indirectly collected by or accruing to any<br />
offender.</p>
<p>(b) An action to recover such property shall be brought by either a District Attorney or the Attorney General pursuant to G.S. 1-532. The action must be brought within three years from the date of the <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> for the offense.</p>
<p>(c) Nothing in this section shall be construed to require forfeiture of any money or property recovered by law-enforcement officers pursuant to the investigation of an offense when the money or property is readily identifiable by the owner or guardian of the property or is traceable to him.</p>
<hr>Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina.  He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle.  If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
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