how to fight a civil asset forfiture case with out an attorney

The property owner must be charged and convicted of a crime before the property can be seized, and a public defender can be assigned to the defendant. In contrast, civil asset forfeiture does not grant the property owner free legal representation. If the property owner wants an attorney, they have to be ready and willing to pay.

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Should I fight a civil forfeiture action?

Mar 29, 2018 · Lerner & Rowe Law Group March 29, 2018. If you are facing threats of asset forfeiture, you need our civil asset forfeiture attorney on your side. Civil asset forfeiture is a legal process in which agents of the law seize assets from those suspected of performing criminal acts or other illegal activity. This is a controversial practice as the individuals suspected of …

How long does it take to file a civil asset forfeiture?

How to Fight Civil Forfeiture the Smart Way. If you want to know how to fight civil forfeiture effectively, contact a lawyer immediately. They can help you find evidence, gather witnesses, and craft a tailor-made strategy to help get back what is rightfully yours. If you don’t contest forfeiture, the government can take your property permanently.

How is a civil forfeiture case related to a drug charge?

Jan 18, 2022 · Unfortunately, there isn’t much you can do to prevent civil asset forfeiture, unless you’re willing to walk everywhere and carry no property or cash of significant value. A recent report of property seizures in Philadelphia shows that half of all seizures between the years of 2012 to 2018 were valued at less than $600.

How can a Boston criminal defense attorney help with a forfeiture case?

sometimes referred to as a “judgment of forfeiture.” To get a judgment of forfeiture, an attorney for the law enforcement agency must bring (and win) a forfeiture lawsuit in State court. The lawsuit by the State will be a civil case(not a criminal case) . The case will be filed against the property (not against the owner of the property ).

How do you win a civil forfeiture case?

Innocent Owner defense — Under most forfeiture laws, if you can prove that you didn't know of or consent to the illegal use of your property, you win the forfeiture case. If the forfeiture law does not include an innocent owner defense, the U.S. Constitution does not imply one, the Supreme Court held in Bennis v.

What is the standard of proof used in civil forfeiture cases?

The standard of proof defines how convincing the government's evidence must be to prevail in court. Proof beyond a reasonable doubt is the highest standard in the American criminal justice system. But the typical standard in most civil cases, including civil forfeiture, is mere preponderance of the evidence.

Which of the following is a type of defense to asset forfeiture?

The Innocent Owner Defense - This is the most common defense to forfeiture. You can use this defense if you got the seized property before, during, or after the time of the crime that made the property subject to forfeiture.

What are the three types of forfeiture cases?

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

What is civil asset recovery?

Civil Recovery encompasses the two forms of the civil recovery process which may lead to the forfeiture of assets from those who may never have been convicted in a criminal court: ... Civil recovery proceedings may encompass Property Freezing Orders, Unexplained Wealth Orders, Disclosure Orders and Production Orders.

Is civil forfeiture unconstitutional?

The United States Supreme Court has upheld the principle of civil asset forfeiture at the federal level. The Court ruled in Austin v. United States (1993) that such civil forfeiture, treated as punitive actions, are subject to the Excessive Fines clause of the Eighth Amendment.

What does seized for forfeiture mean?

Seizure is the act of taking property. ... The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment.

What is forfeiture complaint?

The party who seized the property will file a complaint in the circuit court seeking forfeiture of the property. This means the government is asking the court to keep the property once it has seized it.Jan 18, 2022

What is a seized asset?

Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime.

What is civil forfeiture law?

Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

How does asset forfeiture work?

Criminal asset forfeiture proceedings occur against a person after being convicted of an underlying criminal offense. ... Forfeiture laws allow the government to keep the seized cash and property, destroy the property, or sell it and keep the proceeds to fund a number of activities.

How do I claim seized property?

TO CONTEST THE FORFEITURE OF THE PROPERTY IN UNITED STATES DISTRICT COURT YOU MUST FILE A CLAIM. Failure to file a claim may result in the seized property being forfeited to the United States. To file a claim: A claim must be filed with the agency that gave notice of the seizure and intent to forfeit.

What are the laws of police?

These laws make sense if a person is arrested for drug trafficking and has a kilo of cocaine confiscated, or if the police seize a machine used to counterfeit money from a person suspected of counterfeiting. But you don’t have to be charged or convicted for officers to seize your property. To make their case in court, police officers abide by a lower standard of proof. This is not a criminal trial where the government must prove its case beyond a reasonable doubt. Here, police officers only need to demonstrate either of the following: 1 The asset allegedly derives from illegal activity; or 2 The asset was allegedly involved or intended to be used during the commission of a crime

What is asset forfeiture?

Asset forfeiture allows law enforcement officers to seize cash or property if they suspect it is or has been involved in criminal activity. The property can be your vehicle, home, or business. They can even seize your bank account. This type of forfeiture usually applies to the following types of crimes: Drug crimes. Racketeering cases.

Does civil forfeiture require a conviction?

Civil forfeiture does not require a criminal conviction and allows law enforcement to seize property that is allegedly involved in a crime. Civil forfeiture is similar to criminal forfeiture, except that the charges are brought against the property itself instead of a person. An individual has the right to contest this seizure through a civil trial.

What is summary forfeiture in California?

Summary Forfeiture is outlined in California Health & Safety Code 11475. This is a function of California state practice. It occurs when a law enforcement agency takes possession of Schedule 1 drugs. This can be done without any procedure and (except in certain circumstances in states where marijuana is fully legal) there is no recourse to reclaim possession of these drugs. Schedule 1 drugs include marijuana, heroin, ecstasy, and LSD.

What is white collar crime?

These laws make sense if a person is arrested for drug trafficking and has a kilo of cocaine confiscated, or if the police seize a machine used to counterfeit money from a person suspected of counterfeiting. But you don’t have to be charged or convicted for officers to seize your property.

Does the government own property?

Even though officials have seized the assets, the government doesn’t own the property legally . Under asset forfeiture, the government not only seizes your property, but becomes its sole owner. This means the legal title officially transitions into government hands. This rule applies to state and federal forfeiture cases.

What is criminal forfeiture?

Criminal forfeiture is part of a criminal prosecution against a person. This requires that the government indict the property used or derived from the crime, along with the defendant. In criminal forfeiture, an individual has the right to contest the seizure in court.

What is the mission of Appleseed?

Texas Appleseed's mission is to promote social and economic justice for all Texans by leveraging the skills and resources of volunteer lawyers and other professionals to identify practical solutions to difficult systemic problems.

What are the rules of civil procedure in Texas?

The rules require that the State take certain steps before going to trial. You must also follow these rules during and after the trial.

What is civil forfeiture?

Civil asset forfeiture is a legal tool that allows law enforcement to take private property used or intended to be used in committing certain crimes. The goal of civil asset forfeiture is to deprive criminal organizations of access to certain tools that they need to commit crimes, such as the money used to fund crime. Another goal is to discourage future crimes by taking away the profits from those crimes. However, civil asset forfeiture is sometimes used to take property from innocent property owners, serving no purpose but to benefit law enforcement.

How to serve a forfeiture suit?

In the case of a forfeiture suit, you can serve a document on the State by hand-delivering a copy of the document, mailing it, faxing it, or emailing it to the State's attorney. If there are other parties named or listed in the suit as interest holders, besides you, you should also serve those parties or their legal representatives, if they have an attorney. You can serve a document on another party by hand-delivering a copy of the document, mailing it, faxing it, or emailing it to that party's attorney. If the party does not have an attorney, you serve it directly on that party. Other parties to the suit will be listed on the "Certificate of Service" for the Petition.

Do you need a warrant to seize property?

No, law enforcement does not always need a warrant to seize property. A police officer can seize property if he or she is in the process of arresting a person or conducting a lawful search, or if the officer conducts a search with your permission.

What is the most common defense to forfeiture?

The Innocent Owner Defense – This is the most common defense to forfeiture. You can use this defense if you got the seized property before, during, or after the time of the crime that made the property subject to forfeiture. In order to prove that you are an innocent owner, you need to show:

How to get your property back after forfeiture?

Sometimes, it is possible to get your property back before a forfeiture lawsuit is ever filed by sending a simple letter to the attorney for the State in the county where your property was taken .

What is the privilege against self-incrimination?

The privilege against self-incrimination applies if there is a possibility of prosecution for any offense, and even shields against disclosures that aren’t directly incriminating, but could provide an indirect link to incriminating evidence. The privilege must be asserted on a question-by-question basis.

What happens if you don't file income tax?

If you failed to file income tax returns during the time when you acquired the property, claiming ownership could be incriminating on potential tax evasion charges. Sometimes a pending criminal investigation triggers an IRS audit, whether you contest the forfeiture or not.

Who is Brenda Grantland?

Brenda Grantland is a private attorney in Mill Valley California, with 30 years' experience primarily in asset forfeiture defense, as well as federal criminal appeals and victims rights and restitution. Brenda handles federal cases throughout the country, and frequently works with other attorneys or legal teams as a consultant or co-counsel.

Boston Criminal Defense Attorney, Kevin J. Mahoney: Should you fight a civil forfeiture action?

There are pros and cons to fighting a civil forfeiture action when you are also fighting criminal charges or are the subject of a criminal investigation. For example, if you pursue the civil case, you may be entitled to obtain confidential reports and take sworn statements from investigating agents.

Factors to Consider when Property Targeted for Forfeiture

Innocent third party. If you are an innocent third party whose property somehow got tangled up in a criminal matter, you may choose to litigate the forfeiture case to the fullest extent, without concern for any negative repercussions.

Contact the Boston Drug Crimes Attorneys at the Mahoney Criminal Defense Group

As you can see from this brief overview, the relationship between a civil forfeiture case and a criminal case, especially a drug charge, is complicated and precarious. Before you take any action in the civil matter, you are well advised to consult with an experienced Boston criminal defense attorney.

How does the government take property?

Remember, the Government does not have an automatic right to take private property it decides to label as contraband. Rather, the Government must prove one or both of the following: 1 The property was used or intended to be used to commit crime 2 The property represents the illegal proceeds of crime

Why do people lose property to asset forfeiture?

Sadly, people routinely lose property to Asset Forfeiture because they are unaware of their rights and due to the fact that most lawyers do not know how to be an effective Federal Civil Forfeiture Defense Attorney.

What is asset forfeiture?

Forfeiture is the legal process used by the Government to take ownership of property it has seized. Property is “forfeited” when the legal process is complete and official, legal title transfers to the Government.

How long does it take to appeal a case?

Depending on what happened at trial, the loser may pursue an appeal. The appellate process can take many months or even years, depending on the nature of the issues. Appeals are very case specific and will vary greatly from case to case.

What are the two basic concepts of civil forfeiture?

There are two fundamental concepts in U.S. Constitutional law that form the basis of Civil Forfeiture law: The right to own private property and Due Process. All people in the United States, whether they are citizens, immigrants, or even illegal aliens, all have the same fundamental right to own property and benefit from Due Process.

What is due process in law?

Due Process is a concept in law that stands for the idea that a person has the right to challenge the Government when the Government seeks to take away one of his/her Civil Rights. This challenge always takes place in a court of law.

What happens when the government seizes private property?

When the Government seizes private property, it does not automatically get formal, legal ownership of that property. Because, U.S. Constitution protects the right to own private property, the Government must satisfy very strict legal requirements before ownership can transfer.

Greg Thomas Hill

The words of wisdom shared by Robert Marshall could not be stated too much better. This is not a "slam dunk" case at all and I suspect there is much more to the facts.

Robert Lee Marshall

Most lawyers avoid potential clients who say their case is an "easy win." They underestimate the value of the lawyer's time and sometimes have unrealistic expectations.

John M. Kaman

There are no easy cases in criminal law. A civil forfeiture in federal court is certainly not a process that could be analogized to a walk in the park. Given your comment to Mr. Hill that a dog sniff has no probative value, I'd say that you are into this "easy" case way over your head. Get an attorney and pay him/her well.

No Criminal Charge Necessary

Did you know that the state and the federal government can take your possessions without charging you with a crime? Through a controversial legal process called civil forfeiture or civil asset forfeiture, law enforcement can seize assets of cash and property believed to be connected to criminal activity.

How to Fight for the Return of Your Property

According to Michigan law, if the property is seized through civil forfeiture, any person claiming an interest in this property may, within 20 days after receipt of the notice file a written claim expressing his or her interest in the property.

Always File On Time

Always file a claim of interest on time no matter what. Then the government has the burden of proof.