3.__Seizure upon finding of probable cause. Property subject to forfeiture that has not already been seized but has been indicted by a grand jury pursuant to this section may also be ordered seized based upon the grand jury's finding of probable cause pursuant to section 395.

4.__Trial against property. Trial against property charged by indictment or information may be by jury and must be held in a single proceeding together with the trial of the related criminal violation.__Forfeiture of the property must be proved by the State by a preponderance of the evidence.__The court, in its discretion, may allow any defendant with an interest in property indicted pursuant to this section to waive the right to trial by jury as against the property while preserving the right to trial by jury of any crime alleged.__At trial by jury, the court, upon motion of a defendant or the State, may separate the trial of the matter against the defendant from the trial of the matter against the property subject to criminal forfeiture.__If the court bifurcates the jury trial, the court shall first instruct and submit to the jury the issue of the guilt or innocence of defendants to be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues.__After a verdict upon the guilt or innocence of all defendants, the court shall instruct and submit to the jury the issue of the forfeiture of the property to be determined by proof by a preponderance of the evidence and the court shall restrict argument to those issues.__A special verdict must be returned as to the extent of the interest in property subject to forfeiture, if any.

5.__Person interested in forfeited property.__A person not charged in the indictment may not intervene in the criminal action.__Following the entry of a verdict of forfeiture of