A. Except as otherwise specifically provided by law, whenever any property is forfeited to the Commonwealth by reason of the violation of any law, or if any statute provides for the forfeiture of any property or money, or if any property or money be seized as forfeited for a violation of any of the provisions of this Code, the Commonwealth shall follow the procedures set forth in this chapter.
B. An action against any property subject to seizure under the provisions of Chapter 22.2 (§ 19.2-386.15 et seq.) shall be commenced by the filing of an information in the clerk's office of the circuit court. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the Attorney General if so requested by the attorney for the Commonwealth. Venue for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property or the person in whose custody the property is found could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (a) name as parties defendant all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (b) specifically describe the property, (c) set forth in general terms the grounds for forfeiture of the named property, (d) pray that the same be condemned and sold or otherwise be disposed of according to law, and (e) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual discovery by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred.
C. Any action of forfeiture commenced under this section shall be stayed until the court in which the owner of the property or the person in whose custody the property is found is being prosecuted for an offense authorizing the forfeiture finds the owner or the person in whose custody the property is found guilty of any offense that authorizes forfeiture of such property, and any property eligible for forfeiture under the provisions of any statute shall be forfeited only upon such finding of guilt of the owner or the person in whose custody the property is found, regardless of whether the owner or the person in whose custody the property is found has been sentenced. If no such finding is made by the court, all property seized shall be released from seizure no later than 21 days from the date the stay terminates. However, property that has been seized may be forfeited pursuant to the procedures set forth in this chapter even though no finding of guilt is made if (i) such forfeiture is ordered by a court pursuant to a lawful plea agreement or (ii) the owner of the property or the person in whose custody the property was found has not submitted a written demand for the return of the property with the law-enforcement agency that seized the property within 21 days from the date the stay terminates.
1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756; 2020, c. 1000.
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1991–2026 · leading case:
Moreau v. Fuller, 661 S.E.2d 841 (Va. 2008).
Moreau v. Fuller, 661 S.E.2d 841 (Va. 2008).
· cites it 4× “1-335, and instituting seizures of property used in the sale and distribution of drugs, Code § 19.2-386.1. Clearly, the general delegation of authority to the Attorney General to handle civil matters on behalf of the Commonwealth contained in Code § 2.”
Commonwealth v. Wilks, 530 S.E.2d 665 (Va. 2000).
· cites it 7× “[I]f the Commonwealth wishes to obtain title to property through the forfeiture provisions of Code §§ 19.2-386.1 through -386.14, it must file an information for forfeiture within 90 days of the date it physically takes the property into its possession.”
Kozmina v. Com., 706 S.E.2d 860 (Va. 2011).
· cites it 2× “1-335, and instituting seizures of property used in the sale and distribution of drugs, Code § 19.2-386.1." [2] Id. at 134-35, 661 S.”
Virginia v. Brunson, 448 S.E.2d 393 (Va. 1994).
· cites it 11× “Fifteen months later, on August 5, 1992, the Commonwealth filed an information and notice of seizure for forfeiture of the $413 under Code § 19.2-386.1. The second case, Commonwealth v.”
Jenkins v. Commonwealth, 411 S.E.2d 841 (Va. Ct. App. 1991).
· cites it 6× “used in substantial connection with the illegal . . . sale or distribution of controlled substances.”
James Wesley Amonett, Jr. v. Commonwealth of Virginia, 823 S.E.2d 504 (Va. Ct. App. 2019).
“1 (§ 19.2-386.1 et seq.), a certificate of analysis of a person performing an analysis or examination, duly attested by such person, shall be admissible in evidence as evidence of the facts therein stated and the results of the analysis or examination referred to therein,…”
Settle v. Commonwealth, 685 S.E.2d 182 (Va. Ct. App. 2009).
· cites it 2× “In construing forfeiture proceedings under Code §§ 19.2-386.1 through 19.2-386.14, we have held: Forfeiture is, however, not a criminal proceeding but a “civil” action against “res ” unlawfully employed by its owner or other person.”
Winston v. Commonwealth, 434 S.E.2d 4 (Va. Ct. App. 1993).
“) of this title, a certificate of analysis of a person performing an analysis or examination, performed in any [approved laboratory] when such certificate is duly attested by such person, shall be admissible in evidence as evidence of the facts therein stated and the results of…”
Copeland v. Commonwealth, 452 S.E.2d 876 (Va. Ct. App. 1995).
“1 (§ 19.2-386.1 et seq.) of this title, a certificate of analysis of a person per *517 forming an analysis or examination, performed in any laboratory operated by the Division of Consolidated Laboratory Services or the Division of Forensic Science or authorized by such Division…”
Roger E. McMillion, a/k/a Roger E. McMillian v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 6× “McMillion has filed a total of six purported answers, none of which comply with Virginia Code § 19.2-386.1 et seq.” After a hearing on the Commonwealth’s motion for default, the circuit court found that “McMillian had not provided evidence sufficient to satisfy the requirements…”
Commonwealth v. $889.58, 34 Va. Cir. 531 (Amherst Cir. Ct. 1993).
· cites it 7× “The Commonwealth’s Attorney of Amherst County filed Notice of Seizure under § 19.2-386.1 on November 3, 1992. Mr. Adcock, through his counsel, maintains that this is more than twenty-one days after the seizure on October 7, 1992.”
— Va. Code Ann. § 19.2-386.1(B) — 1 case
— Va. Code Ann. § 19.2-386.1(B)(e) — 1 case
Roger E. McMillion, a/k/a Roger E. McMillian v. Commonwealth of Virginia (Va. Ct. App. 2024).
“McMillion has filed a total of six purported answers, none of which comply with Virginia Code § 19.2-386.1 et seq.” After a hearing on the Commonwealth’s motion for default, the circuit court found that “McMillian had not provided evidence sufficient to satisfy the requirements…”
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