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Forfeiture Procedures | |
Utah Uniform Forfeiture Procedures Act | |
Section 9 | Appointment of counsel for indigent claimants in civil and criminal forfeiture proceedings. |
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24-1-9. Appointment of counsel for indigent claimants in civil and criminal
forfeiture proceedings. (1) The court may appoint counsel to represent indigent persons in civil and criminal forfeiture proceedings, including owners in criminal forfeiture proceedings who are not charged as criminal defendants. In determining whether to appoint counsel, the court shall take into account such factors as: (a) the person's asserted interest in the property; (b) the person's standing to contest the forfeiture; and (c) whether the person's allegations appear to be in good faith or to be frivolous. (2) The court shall set compensation for counsel in forfeiture proceedings at a level equivalent to compensation provided for counsel appointed in criminal cases.
Enacted by Statewide Initiative B, Nov. 7, 2000 |
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