One option is to demand that the case be referred to a United States Attorney who may initiate a civil forfeiture case. Another option is to petition the seizing agency for relief. As with the decision to contest forfeiture, this election of remedies can have important repercussions and should not be made without the advice of an attorney.
Full Answer
If your property is the subject of federal forfeiture proceedings, whether you are a defendant in a criminal case or have an interest in property that was allegedly used in a crime,you should contact a criminal defense attorney who practices in federal court immediately.
(If the seizure does NOT relate to drug activity, the government can bring a forfeiture case even if it never charges the owner of the property with a crime, or if the charges are dismissed.)
A vehicle is subject to forfeiture in First and Second Degree DWI charges, Driving After Cancellation – Inimical to Public Safety, and B Card Violations (no use of alcohol restriction on a person’s driver’s license).
A number of federal agencies are empowered to use civil asset forfeiture laws to stop criminal activity. Groups ranging from the Drug Enforcement Agency, commonly referred to as the DEA to the Federal Bureau of Investigation (FBI), rely on asset forfeiture laws for criminal investigations.
The vehicle forfeiture law is convoluted, but in essence it means that, if you are convicted of a second-degree DWI, or worse, then the State may lawfully forfeit your vehicle. That means, the defendant loses his/her vehicle as an additional consequence above and beyond the criminal sanctions.
Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct.
Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR.
Forfeiture takes two distinct forms -- criminal and civil. Nearly all contemporary forfeiture involves the civil variety. Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal.
The unvested funds will go into a 401(k) forfeiture account. As an employee, you don't have anything to do with that money anymore. You simply get to keep your vested funds, and the employer has to manage the rest of the unvested cash in the forfeiture account.
Seized and forfeited items can include cash, buildings, land, motor vehicles, and airplanes (Stahl, 1992). Forfeiture laws can pertain to assets that facilitate criminal conduct (e.g., cars used in smuggling, houses used to store contraband) and/or those that are the proceeds of crime.
Hiring a New Jersey civil forfeiture attorney is the best way to protect yourself from civil forfeiture. Common defenses to civil forfeiture include: Procedural defense: the government has a certain amount of time within which to file and serve notice of a civil forfeiture action.
Criminal forfeiture is an in personam proceeding brought by the criminal prosecution against an offender, resulting in the forfeiture of the offender's property, assets, and proceeds directly or indirectly obtained from the criminal activity.
Definition of forfeiture 1 : the act of forfeiting : the loss of property or money because of a breach of a legal obligation assets subject to forfeiture. 2 : something (such as money or property) that is forfeited : penalty. Synonyms More Example Sentences Learn More About forfeiture.
The entry of a preliminary order of forfeiture authorizes the Attorney General (or a designee) to seize the specific property subject to forfeiture; to conduct any discovery the court considers proper in identifying, locating, or disposing of the property; and to commence proceedings that comply with any statutes ...
A vehicle is subject to forfeiture in First and Second Degree DWI charges, Driving After Cancellation – Inimical to Public Safety, and B Card Violations (no use of alcohol restriction on a person’s driver’s license).
If drugs are found on you, or in your vehicle, and you are later charged with possession of a controlled substance or intent to sell, then law enforcement may decide to forfeit your vehicle. Additionally, your car may be taken form you in solicitation of prostitute cases and fleeing a police officer in a motor vehicle.
If so, you likely received a Notice of Seizure and Intent to Forfeit Vehicle from the state. Most importantly, you must be aware you have sixty days to challenge your vehicle being taken away.
The most important thing to decide is whether you are going to file a petition for judicial review, or administrative review, within sixty days of receiving the Notice of Seizure and Intent to Forfeit Vehicle.
Even if you are ultimately found guilty of the underlying charge, there are due process arguments to make and innocent owner defenses in some cases. Most commonly, a person’s car will be forfeited for alcohol-related offenses.
The Equitable Sharing Program is controversial as it empowers federal agencies to assume control of assets and cash seized by way of collaborative efforts involving federal and local law enforcement agents. The program allows for 80 percent of the seized funds and proceeds from seized items that are subsequently sold to be returned right back into the coffers of the state. In most cases, it is the local police or state police who receive the proceeds. In summary, local law enforcement agencies are tempted to use civil forfeiture laws as a roundabout means of circumventing state laws that cap the amount of seized assets that can be kept.
The legal authority for such actions is within Title 18, statute 981 of the United States Code. Federal law states the government is required to transmit written notice to parties of interest (meaning those who own the property in question) within at least 60 days of the seizure. However, extensions to this deadline are sometimes granted by the courts. If the property owner turns in a claim to the group seizing his valuables or cash, the federal government has upwards of 90 days to file a civil complaint on the property seized or secure a criminal indictment. Once a criminal indictment is obtained, the government can proceed with criminal forfeiture. If the government does not take either of these routes, the property must be released to the owner.
This means the Fourth Amendment's search and seizure requirements are applicable to items taken through civil forfeiture.
Civil Forfeiture Defined. The federal and state governments have the right to seize property and cash in what is known as civil forfeiture. This seizure is permissible if the state or federal law enforcement agents have reason to believe the items in question are related to illegal activity.
If the government seizes your valuables or cash, alleging these items are tied to illegal activity, do not panic. An asset forfeiture attorney will help you emerge from this conflict with your assets, cash, reputation and dignity firmly intact. Remain calm, meet with our legal team and due process will take its course.
The nuances of the seizure hinge on the idiosyncratic rules of each jurisdiction. In asset forfeiture cases, the police serve as the plaintiffs. These authorities have to meet a fairly low standard for proof compared to that necessary for criminal convictions. Proof beyond a reasonable doubt is necessary for a criminal conviction.
Even if you do not know what the term civil forfeiture means, you can lose a considerable amount of cash and property to government seizure. The bottom line is everyone has the potential to be in the government's cross-hairs for civil forfeiture even when completely innocent. If the government suspects anything you own or ...
At the beginning of the case, the prosecutor tells the defendant that the government intends to seize property. The government can place a lien (a legal claim) on the property, or obtain a restraining order to prevent the owner from transferring or disposing of the property before the case is decided.
The seizure is known as "forfeiture," and it's done without compensation to the owner. Prosecutors must be able to prove that the defendant used the property to commit a crime, earned the property from illegal activity, or purchased the property using the proceeds of illegal acts.
Historically, the "innocent owner" defense was not available because the property itself was considered tainted. As a result, otherwise blameless owners could have their property seized, even as recently as 1996. In a case decided that year, a husband used the family car for a tryst with a prostitute; following his conviction, the car was seized under authority of the city's nuisance law, which provided for forfeiture of property that contributed to a legal nuisance. ( Bennis v. Michigan, 516 U.S. 442 (1996).) The defendant's wife co-owned the car, and protested its forfeiture. The Supreme Court ruled that the car could be seized, despite the wife's having no knowledge of her husband's intentions when he left the house that night.
The prosecutor must prove to the jury, by a preponderance of the evidence (more likely than not), that the defendant's property was involved in criminal activity.
the federal prosecutor must show that the property was involved in criminal activity, and. the federal prosecutor must identify the property to be seized, so that anyone else who has a claim on the property can come forward. These steps are explained in detail below.
Federal law allows law enforcement agencies and prosecutors to seize property, including money, from people convicted of certain federal crimes, such as drug trafficking, money laundering, and organized crime. The seizure is known as "forfeiture," and it's done without compensation to the owner. Prosecutors must be able to prove ...
Property is involved in criminal activity if: the property is the proceeds of criminal activity, or. the property was used to further criminal activity. For example, guns bought with money made from extortion would be proceeds of criminal activity. A computer used to distribute child pornography is property that is used to further criminal activity.
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.
If the owner is not charged within 90 days , the seized property must be returned immediately to its owner.
Civil forfeiture is a civil action that the government brings against the seized property itself, not against the owner of the property. This section will discuss the proceedings that occur after illegal drugs or property associated with the selling or manufacturing of drugs is seized by law enforcement officers.
To convict a person of a crime, the government must prove “beyond a reasonable doubt” that the person committed the crime. However, for the government to win a forfeiture case to keep seized property, it only needs to prove that the property was probably (more likely than not) involved in a crime.
Title 12 allows for the forfeiture of many types of property associated with a drug crime. These are some examples of the kinds of property that can be forfeited: The drugs themselves; Property used to make, process, deliver, and import or export drugs, such as vehicles, boats, planes, materials, products, and equipment; ...
In Maryland, forfeiture is found in Titles 12 and 13 of the Maryland Code of Criminal Procedure. Title 12 sets forth forfeiture law in drug related crimes, while Title 13 applies in non-drug related crimes. The focus of this article will be on Title 12.
The answer must also request relief and a hearing. This answer must be filed with the court where the complaint was filed within 30 days from the date of service.
After you are notified that there is a pending forfeiture of your property, you will need to respond. How you respond depends on what kind of property was taken, what kind of criminal activity caused the property to be taken, and how much that property costs. You have to respond within 45 days of getting the notice. Otherwise, the police will keep your property.
If your property was taken because the police believe it was related to a crime, you have to go through a process to get the property back. During this process, the police will have to prove that they have probable cause that the property was used in a crime. This means that the police have enough facts to believe the property was used in the crime.
How to get your property back. After the police take the property, the court has 14 days to decide if there was probable cause, and they have 45 days to tell you that the property is being kept. The first step will be a preliminary review that will occur within 14 days after the property is seized.
You have to respond within 45 days of getting the notice. Otherwise, the police will keep your property. If your property is worth a lot or if the police took your house or a building you own, you won't have to file a claim to begin the process. The court will automatically start the process.
If money is found near drugs or drug paraphernalia, that money will be presumed to be related to a criminal activity. 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.
If someone sold you property after it was already taken by the police, you have to prove you didn't know about or help the criminal activity and that you: Are the legal purchaser of the property; and.
The police can also take property they think was used in a crime. 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.
Using these three elements—the financial incentive for law enforcement to seize, the government’s standard of proof to forfeit, and who bears the burden in innocent owner claims —this report grades each state on the extent to which its civil forfeiture laws protect property rights or encourage policing for profit. Grades were assigned for each of the three key elements, as indicated in Appendix A, and then combined to create the grades. High grades denote laws that contain strong property rights protections and a smaller (or no) financial incentive to seize, while low grades indicate laws that encourage seizures of property by making civil forfeiture both easy and rewarding for law enforcement.
The standard of proof is the hurdle the government must clear to win a civil forfeiture case. It dictates how convincing the government’s evidence must be to a judge or jury. The most familiar standard of proof in the American legal system is “beyond a reasonable doubt,” the requirement for convicting a person of a crime. American law sets such a high standard in criminal cases to avoid punishing the innocent. Yet federal and most state civil forfeiture laws set substantially lower standards for depriving people of their property, as the map in Figure 7 shows.
*Conviction required for most or all forfeitures.#N#Notes: States with multiple standards apply different standards of proof to different types of property or under certain circumstances. Oregon requires a conviction and clear and convincing evidence to forfeit real property. See Appendix B for sources.
After you were arrested for a drug or another offense, the state took a look at your expensive car. Or maybe police found drugs in your boat or plane. Maybe that car, boat or plane really belonged to an innocent third party. In any case, the state wants to keep it.
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A criminal and school law attorney with over 25 years of experience, I have successfully represented clients all over the Chicago area including the Skokie and Rolling Meadows district courts.
"Quirky Chicago Judge Helps Put Accused Felons Back on Track," by Fiona Ortiz. Reuters. May 24, 2015.
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