how to get computers returned after district attorney forced civil forfeiture

Does law enforcement use civil asset forfeiture to generate revenue?

Feb 29, 2016 · An Indianapolis civil forfeiture attorney with Hessler Law may be able to help recover your property. Call for a free consult at (317) 886-8800.

When does a federal civil forfeiture end?

Dec 20, 2012 · After that claim is filed, the government has 90 days to initiate a civil forfeiture proceeding in a federal District Court or release the property. In a civil forfeiture trial, the government will have the burden of proof to show by a preponderance of the evidence that the property is legitimately subject to forfeiture (i.e., derived from an ...

What states have reformed civil asset forfeiture laws?

It has been found that of the $134.2 million that the NYPD collected in seizures lacking arrest, $27 million was given back to New York City’s finest. Los Angeles County Sheriffs received $24.3 million of the $126 million they collected. Los Angeles Police received $18.4 million of the $86.1 million they collected.

Who can have their assets seized under civil forfeiture?

Jan 16, 2018 · The DOJ’s Asset Forfeiture Fund’s yearly income increased by 4,667 percent between 1986 and 2014, from $93.7 million in 1986 to $4.5 billion in 2014. Between 2001 and 2014, the DOJ and the Treasury Department’s forfeiture funds together took in almost $29 billion from civil asset forfeiture.

How do you beat civil forfeiture?

Does civil forfeiture violate due process?

Why do police seize computers?

What does the government do with seized assets?

What is civil asset recovery?

What amendment is civil forfeiture?

What happens to computers seized by police?

How do police check your computer?

How long can the police keep my laptop?

Is civil asset forfeiture constitutional?

What is the difference between civil and criminal forfeiture?

What is the purpose of civil forfeiture?

Is civil forfeiture a criminal offense?

While administrative seizure and civil forfeiture are technically not criminal actions, they are intimately connected to criminal actions and often precede or accompany them. The government’s burden of proof in a forfeiture proceeding is much lower than in a criminal proceeding. Moreover, the burden of proof may even be shifted to the claimant, ...

What is administrative forfeiture?

Administrative seizure and civil forfeiture proceedings are quasi-criminal processes by which the government takes control of property claiming that it is in some way connected with illegal activity and therefore subject to confiscation. Hiring an experienced forfeiture attorney is the best way to get your property back.

Why is civil forfeiture so controversial?

This practice is understandably controversial because it arguably amounts to a criminal punishment without the protections of a trial. Moreover, many argue that local governments and law enforcement profit handsomely from civil forfeitures and thus have an incentive to make unwarranted seizures.

Do you need a warrant to seize property?

While a warrant is typically required for seizures of land and real property, currency and personal property that can be easily destroyed or moved may often be seized by federal officers without even going to a magistrate judge to show probable cause for a warrant.

What are the consequences of civil forfeiture?

One of the most significant consequences of civil forfeiture is that it gives the government the power to confiscate virtually all a person’s assets, thereby depriving him of the ability to hire an attorney if criminal charges are later brought against him. Moreover, to challenge the forfeiture, a claimant must show evidence ...

How long does it take to get a written notice of a seizure?

After seizing property, federal authorities are required to provide written notice to the owner within 60 days. At any time, the property owner or other authorized party wishing to challenge the seizure may file a claim with the seizing agency identifying the property and stating his interest in the property.

How many civil forfeiture cases were filed in 2015 in Alabama?

State prosecutors in Alabama filed 1,591 civil asset forfeiture cases in 2015, seeking approval from state courts to keep cash, vehicles and other items taken by officers from people they suspected of breaking certain laws. In many cases, those suspects were not charged with any crime. This study, based on court records, attempts to track the flow of money seized from Alabamians. It focuses primarily on 14 counties that represent the state’s major urban areas along with sample of rural areas with small populations. The cases filed in the 14 counties comprise 70 percent of the total number filed statewide in 2015.

What is civil forfeiture?

Nearly two centuries later, law enforcement agencies across America are using a process known as civil asset forfeiture to take and keep billions of dollars in currency, vehicles, houses, land and weapons – even items like TVs – under the same legal reasoning.

Can you have your assets seized under civil forfeiture?

Anyone can have their assets seized under civil forfeiture. But as is generally true in the American criminal justice system, the law itself might be color blind, but that doesn’t guarantee that enforcement is.

Is civil forfeiture ripe for overhaul?

With its well-documented potential for abuse and potentially devastating consequences, civil asset forfeiture is ripe for an overhaul. Indeed, many states have already implemented laws abolishing the practice or severely curtailing opportunities for misuse.

What happened to the Palmyra?

Executive Summary. On August 15, 1822, the brig Palmyra, an armed privateer commissioned by the King of Spain, was captured on the high seas by the USS Grampus. Accused of violating the 1819 Piracy Act, the Palmyra was sent to South Carolina to await judgment. Though the crew was “ guilty of plunder ,” no law existed under which its members could ...

What is an innocent owner?

An “innocent owner” is someone whose property, unbeknownst to that person, is used by someone else to facilitate a crime – for instance, a father whose son borrows his car and uses it to transport stolen goods, or a grandmother whose grandson uses her house as a base from which to sell drugs.

What percentage of civil forfeitures go uncontested in Alabama?

Despite the light burden of proof and high likelihood of obtaining a default judgment in state court, Alabama law enforcement officers often prefer to funnel civil asset forfeitures through the federal government’s “equitable sharing ” program, where an astonishing 88 percent of civil asset forfeiture cases go uncontested.

What is civil forfeiture?

The property can be anything from cash, a car, or even a house. This is called a civil asset forfeiture. The property doesn't have to belong to the person accused of a crime. The accused criminal might have borrowed or stolen the property and used it in a crime, and the police can still take it.

What is the option to settle a civil case?

In any civil case, you have the option to settle. This means you can reach an agreement with the State's Attorney and you will put that agreement in writing. For example, you can agree to pay a certain amount for the return of your property.

What does probable cause mean in a police report?

This means that the police have enough facts to believe the property was used in the crime.

What happens if you have more than one felony?

If someone is charged with more than one drug-related felony, the police will assume that any property gained between the first felony and the last felony was related to a criminal activity.

Can you ask for your car back if the police take it?

But if the police take your car, you can ask for it back temporarily while the proceedings are going on.

How long do you have to respond to a police officer?

You have to respond within 45 days of getting the notice. Otherwise, the police will keep your property.

What happens if the police officer is not present on the second day of the hearing?

If the police officer is not present on the second day scheduled, the judge will dismiss the case and return your property to you.

What is civil forfeiture action?

“A civil forfeiture action is effected through either a summary, administrative, or judicial procedure.” (FBI, Asset Forfeiture)

What happens if you take no action?

Take No Action. If you decide to “Take No Action”, usually nothing further is required. Your property is now forfeited. If you consent, you may submit a Petition for Remission or Mitigation of Forfeiture which makes you eligible to receive some amount of money towards the value of the forfeited assets.

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Can civil forfeiture happen in every state?

Even if the state has laws that limit it, state and local law enforcement authorities can still seize property by partnering with federal law enforcement officials in a system called “equitable sharing,” and payouts to state and local agencies have increased nearly ...

Do civil forfeitures end?

No. In fact, the majority of federal civil forfeitures end administratively, meaning that the property is automatically forfeited after a certain period of time because the owner of the property did not challenge the seizure. Forfeiture proceedings might be barred because of waivers procured by law enforcement officials who pressure property owners to renounce ownership of their cars, homes, or money in order to avoid facing (often bogus) criminal charges. This quid pro quo raises serious fundamental questions about the fairness of the process. And if a property owner holds out and goes to court, he or she will face an uphill, costly, and lengthy battle.

What is civil forfeiture?

What is civil asset forfeiture? Civil asset forfeiture is a legal tool that allows law enforcement officials to seize property that they assert has been involved in certain criminal activity. In fact, the owner of the property doesn’t even need to be guilty of a crime: Civil asset forfeiture proceedings charge the property itself ...

Can police seize your car?

This means that police can seize your car , home, money, or valuables without ever having to charge you with a crime. There are many, many stories of innocent people being stripped of their money and property by law enforcement. 2.

Why is civil forfeiture justified?

While its roots in the common law are deep, modern civil forfeiture is justified primarily on the grounds that it allows law enforcement to seize the assets and ill-gotten gains of these criminals, using the property and proceeds to fight against other alleged criminals.

Do innocent owners have to forfeit their property?

Being innocent does not mean that a state has to return your property. The Supreme Court of the United States has held that the “innocent owner” defense is not constitutionally required. Furthermore, even in states where you do have an innocent owner defense, the burden is typically on you. Your property is presumed to be guilty until you prove that you are innocent and that your property therefore should not be forfeited. In other words, you must prove (1) that you were not involved in criminal activity and (2) that you either had no knowledge that your property was being used to facilitate the commission of a crime or that you took every reasonable step under the circumstances to terminate such use. And all the while, the police retain your property. To cap it all off, the success rate for winning back property is low. Pragmatic property owners, however innocent, may reason that it is best to cut their losses rather than challenge the forfeiture in court.

How does equitable sharing work?

A process called equitable sharing allows local law enforcement officials to team up with federal law enforcement agents to seize property under federal forfeiture law that could not be seized under applicable state forfeiture law. Through equitable sharing, local law enforcement agencies pocket a portion of the proceeds from the seizure and the feds keep the rest. This is a way for local law enforcement to circumvent state law and continue to profit from civil asset forfeitures.

What to do if a prosecutor refuses to release property?

If the prosecutor refuses to grant a property release and there's no obvious reason why the items are still needed as evidence, the only option is to file an administrative petition with the court . This isn't a legal tool for the average citizen to use on her own, so you will need to hire a lawyer. The judge will hold a hearing to figure out why the property is still in custody and what should happen to it going forward.

What is a search warrant return?

Whenever the police take property into evidence, they provide you with a receipt listing all the items they have in their custody. When the police seize evidence during a search, the receipt is called a "search warrant return.". The return lists all the items taken, including the date of seizure, a police inventory number and the identities ...