A party facing the forfeiture of his or her home for underlying drug activity, like a criminal defendant, must first be advised of the right to a trial by jury, the Commonwealth Court has ruled.
An en banc Commonwealth Court panel unanimously agreed to grant a Philadelphia woman a new hearing on the state’s forfeiture petition to claim her North Philadelphia home under the Controlled Substances Forfeiture Act, with the lead opinion of the court acknowledging a "greater level of due process" required when a person, especially someone who is not criminally charged, is facing the loss of his or her home.
