When determining whether a forfeiture constitutes an excessive fine, a trial court judge may weigh the value of the seized item against that of the maximum penalty available in criminal court for a defendant’s actions, regardless of whether the defendant is actually convicted, a deeply-divided en banc panel of the Commonwealth Court has ruled.
The 4-3 majority in Commonwealth v. 542 Ontario Street wrote it does not matter whether a person facing underlying criminal charges is ultimately acquitted on those charges. For purposes of evaluating whether a fine was excessive, the value the forfeiture item in question can be weighed against the fine that could have been imposed had the person been convicted of such a charge.
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