State v. Dolinar

Summary

The court held that forfeiture under the amended statutory scheme is civil rather than criminal for double jeopardy purposes. Because the State may pursue forfeiture either in a separate civil proceeding or as part of a criminal sentence, the prior forfeiture did not bar the pending criminal prosecution. The court affirmed the denial of Dolinar’s plea in bar without deciding whether he owned the forfeited money or whether the innocent-owner burden was constitutional.