Fill and Sign the Answer to States Petition for Forfeiture Louisiana Form

STATE OF LOUISIANA : ____ JUDICIAL DISTRICT COURT VS : PARISH OF ____ , LOUISIANA _______________ : DOCKET NO. ____ _______________ VIN # _______________ _________________________________________________________________ ANSWER TO STATE'S PETITION FOR FORFEITURE NOW INTO COURT, through his undersigned counsel, comes Claimant/Respondent, _______________ , hereinafter referred to as Claimant, who respectfully answers the State's Petition for Forfeiture as follows: l. Paragraph l of the State's petition is denied. 2. Paragraph 2 of the State's petition is denied. 3. Paragraph 3 of the State's petition is denied. 4. Paragraph 4 of the State's petition requires no answer. 5. Paragraph 5 of the State's petition is admitted. 6. Paragraph 6 of the State's petition is denied. 7. Paragraph 7 of the State's petition requires no answer. 8. Paragraph 8 of the State's petition is denied. FURTHER ANSWERING THE ALLEGATIONS IN THE STATE'S PETITION OF FORFEITURE, CLAIMANTS ALLEGE THE FOLLOWING AFFIRMATIVE DEFENSES: 9. The State does not have evidence constituting "probable cause" to believe that the defendant's property is forfeitable under La. R.S. 40:2600 et. seq., and more pertinently, the allegations contained in Paragraphs l and 6 of the State's Petition, even if accepted as completely true are not legally sufficient to establish probable cause to believe that the defendant's property is subject to forfeiture. 10. The statute under which the State has filed its cause of action is unconstitutional on its face and the State's Petition filed pursuant thereto must be dismissed. Specifically, but not exclusively, Claimants plead that the statute is unconstitutional for the following reasons: l. Section 26l2(G) of the Forfeiture Act allows the State to permanently deprive a citizen of property upon the mere showing of "probable cause." Because the Act seeks to punish by depriving a citizen of a fundamental right - property, a much greater standard of proof is constitutionally required. As written, the burden of proof provision violates the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 2, l6 and l9 of the Louisiana Constitution. 2. Section 26l2(G) of the Forfeiture Act precludes the Claimant from having a jury decide the case and as such, deprives the Claimant of the right to a fair and impartial tribunal. As written, this Section denies Claimant the constitutional right to a trial by jury as guaranteed by the Sixth, Seventh and Fourteenth Amendments to the Unites States Constitution and Article I, Sections 2, l6, l7 and 22 of the Louisiana Constitution. 3. Section 26l6(E) of the Forfeiture Act provides that the Sixteenth Judicial District Criminal Court Fund will receive 20% of the net proceeds of any assets declared forfeited in the case. Because the Act precludes Claimant from having a jury decide the case, the Act ensures that the presiding Judge will have an indirect pecuniary interest in the outcome of the case. As written, this allocation of funds scheme violates the Fourteenth Amendment to the United States Constitution as well as Louisiana Constitution Article I, Sections 2 and 22 in that it further deprives Claimant of a fair and impartial tribunal. 4. Section 26l2(E) of the Act requires that a Claimant post a bond in the amount of $ ________ or l0% of the value of the property, whichever is greater, in order to file an answer to the State's Petition and defend against the forfeiture. This provision violates procedural due process and equal protection under the Fourteenth Amendment to the United States Constitution and Louisiana Constitution Article I, Sections 2, 3 and 22. 5. Section 26l5(D) of the Act immunizes law enforcement officers from the consequences of an erroneous but good faith seizure while Section 26l5(E) subjects the Claimant to substantial penalties for asserting their procedural and substantive rights unless the Claimant prevails. As written these sections violate the due process and equal protection clauses of the Fifth and Fourteenth Amendments to the United States Constitution as well as Article I, Sections 2, 3 and 22 of the Louisiana Constitution. 6. The Forfeiture Act violates the Fifth and Fourteenth Amendments to the United States Constitution as well as Article I, Section 2, l3 and l5 of the Louisiana Constitution in that the statute is vague, ambiguous and overly broad, particularly in its definition of property subject to forfeiture. It is not reasonably possible to tell with reasonable certainty what may and what may not be seized, except by the whim and caprice of law enforcement officials. ll. In further fulfillment of La R.S. 25l2(D), Claimant attaches his Claim (EXHIBIT A) which he had earlier served upon the District Attorney and the Seizing Agency pursuant to La. R.S. 40:26l0, incorporated herein by reference thereto. l2. Claimant has had to retain an attorney to file this Answer herein after providing the District Attorney's Office with sufficient and verifiable information necessary to release the funds that the Plaintiff is requesting to be forfeited, and this Petition for Forfeiture has only been filed for an improper purpose and to harass the claimant in this matter, therefore, claimant requests appropriate sanctions pursuant to Louisiana Code of Civil Procedure Article 863(D), including reasonable expenses incurred because of the filing of the pleadings, including reasonable attorney's fees. WHEREFORE, Claimant prays that this answer be filed and that: (l) The forfeiture hearing be held in this case within the time mandated by La. R. S. 40:26l2(G), (sixty days from the service of the petition); (2) The State's petition for forfeiture be dismissed at the State's costs; (3) Claimant's property be returned; (4) Claimant be awarded attorney's fees pursuant to La. R.S. 40:26ll(L); and (5) Claimant be awarded sanctions pursuant to Louisiana Code of Civil Procedure Article 863(D). RESPECTFULLY SUBMITTED, BY: ___________________________ _______________ _______________ ____ , LA ____ ( ____ ) ____ La. Bar Roll No. ____ CERTIFICATE I HEREBY CERTIFY that the foregoing Answer to State's Petition of Forfeiture has been served on Assistant District Attorney _______________ by first class certified mail on the _____ day of __________, 20 ____ . _________________________ _______________ VERIFICATION I, _______________ , have read the foregoing Answer to State's Petition For Forfeiture and certify that its contents are true and correct to the best of my knowledge, information and belief. On the advice of counsel, unless and until the State demonstrates that it has evidence constituting probable cause to believe that my property is forfeitable under La. R.S. 40:2600 et. seq., I decline to provide the State with additional information which may be used against me or my property and specifically assert my right against self incrimination as guaranteed by the Fifth Amendment to the United States Constitution and Louisiana Constitution Article I, Section l6. ____________________________ _______________ SWORN TO AND SUBSCRIBED before me this _____ day of ___________, 20 ____ . _____________________________ NOTARY PUBLIC