Rand Paul has introduced a bill to reform civil asset forfeiture. Kentucky law gives incentives to law enforcement agencies to find that property (usually cash) is associated with criminal activity - so a small amount so marijuana possession becomes trafficking when often there is not other evidence besides the cash and the marijuana in the same vehicle. KRS 218A.420 states . . . (a) Eighty-five percent (85%) shall be paid to the law enforcement agency or agencies which seized the property, to be used for direct law enforcement purposes; and (b) Fifteen percent (15%) shall be paid to the Office of the Attorney General or, in the alternative, the fifteen percent (15%) shall be paid to the Prosecutors Advisory Council for deposit on behalf of the Commonwealths attorney or county attorney who has participated in the forfeiture proceeding . . . Often the prosecutor agrees to amend the charge if the defendant agrees to surrender the property.
Posted on: Thu, 22 Jan 2015 20:33:19 +0000
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