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Bill of particulars texas4/23/2024 If the forfeiture is contested, on either party's request the court must conduct a hearing after the verdict or finding of guilty. The court's determination may be based on evidence already in the record, including any written plea agreement, and on any additional evidence or information submitted by the parties and accepted by the court as relevant and reliable. If the government seeks a personal money judgment, the court must determine the amount of money that the defendant will be ordered to pay. If the government seeks forfeiture of specific property, the court must determine whether the government has established the requisite nexus between the property and the offense. As soon as practical after a verdict or finding of guilty, or after a plea of guilty or nolo contendere is accepted, on any count in an indictment or information regarding which criminal forfeiture is sought, the court must determine what property is subject to forfeiture under the applicable statute. (b) Entering a Preliminary Order of Forfeiture. The indictment or information need not identify the property subject to forfeiture or specify the amount of any forfeiture money judgment that the government seeks. The notice should not be designated as a count of the indictment or information. A court must not enter a judgment of forfeiture in a criminal proceeding unless the indictment or information contains notice to the defendant that the government will seek the forfeiture of property as part of any sentence in accordance with the applicable statute.
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