Williams v. State

The requirements of O.C.G.A. § 16-13-49 o 5 were not met in the instant case, because after several continuances, the forfeiture hearing was held on July 24, 2008, 69 days after the last continuance on May 16, 2008.

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In this civil forfeiture case, Lucious Williams appeals the State’s seizure of $48,310 in cash. Because we find that the State failed to conduct a hearing on the forfeiture complaint in a timely fashion, we reverse. The complaint in this case was filed December 18, 2007. Williams acknowledged service the next day and filed his verified answer on January 18, 2008. Accordingly, under OCGA § 16-13-49 o 5, the hearing in this case should have been held “within 60 days after service of the complaint unless continued for good cause . . . .” This requirement is mandatory unless the matter is properly continued. State v. Henderson, 263 Ga. 508, 512-513 436 SE2d 209 1993. “Absent good cause, when the hearing is not conducted within the requisite 60-day period, a judgment of forfeiture must be reversed.” Citation omitted. Mitchell v. State , 255 Ga. App. 507, 509 566 SE2d 24 2002.

The trial court signed the State’s Rule Nisi order on February 5, 2008, setting the hearing for February 11, within the 60-day requirement.1 On February 11, the district attorney appeared for the scheduled hearing, but Williams’ attorney did not. The district attorney stated that he had not been in contact with Williams’ attorney, but noted that he had received the Rule Nisi only one or two business days before the scheduled date and was unaware if Williams’ counsel had received her notice. Additionally, he had been notified that morning that Williams was in custody on another charge in another county and thus possibly unavailable for the hearing. The trial court granted the State’s request to continue the hearing and the district attorney represented that he would call Williams’ attorney to discuss the matter.

Williams v. State

The requirements of O.C.G.A. § 16-13-49 o 5 were not met in the instant case, because after several continuances, the forfeiture hearing was held on July 24, 2008, 69 days after the last continuance on May 16, 2008.

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