Legal Question in Criminal Law in Montana

Confiscation of personal property

Is it legal for a person's personal property to be

confiscated and auctioned off at pennies on the

dollar, if the confiction is for misdemeanor assault

with restitution and fines of about $5,000, when the

defendant is still in jail, and when the defendant is

100% disabled, with no immediate means to make

pay


Asked on 2/17/01, 4:34 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Confiscation of personal property

I hate to give you something other than a definite answer, but I don't have enough information to answer this question properly. The best I can do is say, it depends. It depends on the plea agreement, if any, the judge's order and whether or not a restitution hearing was had. All these are important components of whatever is happening. The auction doesn't sound totally wrong, but again it depends on other factors. The fact of a plea to a misdemeanor when there was significant restitution sounds like a pretty good deal - again I remind you I know nothing of this case other than what was in this question.

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Answered on 4/02/01, 12:48 pm


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