In terms of criminal forfeiture, what is required before property can be forfeited?

In the context of criminal forfeiture, a conviction of the defendant is essential before property can be forfeited. This requirement ensures that there is a legal basis for the forfeiture, reflecting the belief that the property is connected to criminal activity. A conviction demonstrates that the legal system has determined the individual's guilt in relation to the crime committed, providing justification for the government to seize assets tied to that crime.

A civil lawsuit or a legal judgment against the defendant does not specifically pertain to the criminal nature of forfeiture, which distinguishes it from civil forfeiture processes. Similarly, while a plea agreement might indicate some level of admission by the defendant, it is not sufficient on its own for forfeiture to occur. The core principle is that a clear and established conviction is necessary for the state to exercise its power to forfeit property associated with criminal conduct.