I just received a a plea agreemeant and one of the conditions was that the defendant will forfeit any interest in the suspect motor vehicle....

Question

I just received a a plea agreemeant and one of the conditions was that the defendant will forfeit any interest in the suspect motor vehicle. Does that mean any of the left over money after paying the vehicle off has to to to the courts! And if so what happens if the moneys is already gone,

Answer

Generally, the civil forfeiture and the criminal case are separate proceedings. They can, however, overlap in some ways since the same prosecuting attorney (or at least her office) is probably handling both matters. Once the vehicle is forfeited it becomes the property of the state. The previous owner has no ownership interest in it. Most likely, the vehicle will be sold and any lien(s) will be satisfied. Any excess money will be split between various state or local entities. I not certain with specific entities are entitled to the proceeds, but they are probably the police, court, prosecuting attorney, state, etc. The previous owner will not see a dime.