Commonwealth v. Wilks

In this appeal of a judgment dismissing several related forfeiture proceedings, we consider whether the Commonwealth’s failure to comply with notice of seizure provisions deprived the circuit court of jurisdiction. Code § 19.2-386.3(A) states:

If an information has not been filed, then upon seizure of any property under § 18.2-249, the agency seizing the property shall forthwith notify in writing the attorney for the Commonwealth in the county or city in which the seizure occurred, who shall, within twenty-one days of receipt of such notice, file a notice of seizure for forfeiture with the…