§ 4785 — Burden of proof; liabilities; attorneys’ fees

(a) The State has the burden to prove all material facts in a forfeiture proceeding by a preponderance of the evidence.

(b) Where the property subject to a proceeding is claimed to be the property of a person who is not a criminal defendant, that person has the burden of production to show 1 of the following:

(1) The person held a legal right, title, or interest in the property seized at the time the illegal conduct that gave rise to the seizure of the property occurred.

(2) The person acquired as a bona fide purchaser for value a legal right, title, or interest in the property subject to forfeiture after the commission of the crime that gave rise to the seizure of the property.

(c) If a person meets the burden of production to show they are an innocent owner pursuant to subsection (b) of this section, the State must prove by a preponderance of the evidence that the owner had knowledge of or consented to the unlawful acts or omissions that gave rise to the forfeiture.

(d) Other than the liability set forth in § 4784(l) of this title, no liability is imposed by this chapter upon any authorized state, county or municipal officer engaged in the lawful performance of the officer’s duties.

(e) In any civil proceeding to forfeit property in which the claimant property owner substantially prevails, the State shall be liable for reasonable attorneys’ fees and other litigation costs reasonably incurred by the claimant.

Legislative History

16 Del. C. 1953, § 4770; 58 Del. Laws, c. 424, § 1 ; 62 Del. Laws, c. 250, § 4 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 375, § 1