Civil and Criminal Forfeiture Defense

State and Federal law allows law enforcement and prosecutors to seize property - most often cash money, freezing of bank accounts and seizure of cars from people charged with or convicted of certain crimes, such as drug distribution, money laundering, firearms and organized crime. Police first seize the property and thereafter file a civil lawsuit against the property to keep it. Prosecutors must be able to show that the defendant used the property to commit a crime, earned the property from crime, or bought the property using the proceeds of crime. The intention of forfeiture laws is to punish the defendant, reduce profits from -- and thereby deter -- criminal activity, and produce money for law enforcement agencies.

Depending upon the property type and reasons for forfeiture, the proof levels vary. Yet, still astounding, a person found not guilty of a crime, can still have their property forfeited. Moreover, the property often seized and forfeited belongs to innocent third-parties who had nothing to do with the suspected wrongdoing.

In addition to loosing your property, a forfeiture action can have long lasting effects on your credit and your ability to open bank accounts in the future.

Many people fail to fight forfeiture actions and simply never answer a complaint - allowing the government to keep their property. Many of these forfeitures are defensible:

• Prosecution failed to file forfeiture action within the statute of limitations;

• Money not derived from criminal activity;

• Proof that a portion or all of the money comes from non-criminal activity;

• Property belongs to a 3rd party that was not aware of nor consented to their property being used at the time of an offense.

  Many forfeiture actions can be settled since prosecuting agencies are often reluctant to spend money litigating a case and they are also aware that if the forfeiture case is tried in civil court, it could severely damage their ability to prosecute any companion criminal charges.

  However, answers forfeiture actions are time sensitive and must be addressed immediately by experienced attorneys. Call us today to schedule a consultation.