Criminal forfeiture

(a) Motion for forfeiture. When the state seeks to forfeit property of a person charged with a criminal offense pursuant to a statute authorizing a criminal forfeiture, such as 11 Del. C. § 1506 or 11 Del. C. § 2324, it shall file a motion for forfeiture not later than 20 days before trial of the criminal offense. The motion shall allege the factual and legal basis for forfeiture and the extent of the interest or property subject to forfeiture. (b) Demand for jury; waiver. A defendant who elects trial by jury of the issue of forfeiture must serve a demand for a trial by jury of the issue on the attorney general not later than 10 days before trial. The failure of a party to serve a demand for trial by jury as required by this rule constitutes a waiver of the right to trial by jury of the issue of forfeiture. (c) Trial of the issue. If the defendant is found guilty of the offense charged, the trier of fact shall decide the issue of whether the property is subject to forfeiture. The state shall have the burden of proof on the issue by a preponderance of the evidence and both parties may present additional evidence on the issue. (d) Special verdict. The jury, after receiving additional instructions from the court, shall return a special verdict as to the extent of the interest or property subject to forfeiture, if any. (e) Entry of judgment. When a verdict of the jury or a decision of the court contains a finding of property subject to criminal forfeiture, the court shall enter a judgment declaring a forfeiture of the property, subject to subdivision (g) of this rule. The judgment of forfeiture shall authorize the attorney general to seize the interest or property subject to forfeiture, fixing such terms and conditions as the court shall deem proper. Property not subject to forfeiture shall be returned to the party entitled to it. (f) Notice of forfeiture. When the court declares a forfeiture in accordance with subdivision (e) of this rule, it shall require public notice of the forfeiture for a period of not less than thirty (30) days, with direct notice to such parties as the court deems appropriate. (g) Third party claim. Any third party who claims an interest in the property may appear and assert such interest in a manner and within such time as the court may direct in the notice. If the court is satisfied that a party has a legitimate interest that is not subject to forfeiture, the court shall protect that interest on such terms and conditions as the court deems just. History. Added, effective Jan. 1, 1992. Rule 41. Search and seizure. (a) In general. The procedure governing search and seizure shall be as provided by 11 Del. C., c. 23 or other applicable law. (b) Property or person which may be seized with a warrant. [Omitted]. (c) Issuance and contents. [Omitted]. (d) Execution and return with inventory. [Omitted]. (e) Motion for return of property. A person aggrieved by the deprivation of property seized by the police may move the court for the return of the property on the ground that such person is entitled to lawful possession of the property. The motion may be made in the county where criminal proceedings are pending for which the state is holding the property or, if criminal proceedings are not pending, in the county where the property was seized. If the motion is granted, the property shall be returned to the movant, although reasonable conditions may be imposed to protect access and use of the property in subsequent proceedings. (f) Motion to suppress. A motion to suppress evidence may be made in the county of trial as provided in