What is Civil Forfeiture in Indiana?

Law enforcement in Indiana has the authority to seize property related to certain criminal activities. Law enforcement can confiscate vehicles, cash, and other types of property they believe are involved in unlawful conduct, or that was acquired with illegal profits. It is important to know how this legal process works so you can protect your rights. Below, our Indianapolis civil forfeiture lawyer explains in further detail.

Criminal vs. Civil Cases

Civil forfeiture cases are separate from criminal proceedings. The state can seize property without a criminal conviction. Instead, the prosecution must only prove that the assets were likely involved in a criminal offense or that they were acquired with illegal proceeds. Even if you are acquitted of criminal charges, the state may still seize your property.

How is Property Seized During Civil Forfeiture? 

Law enforcement officials will likely confiscate property during an investigation or an arrest. Once the property has been seized, the prosecution has 21 days to start a formal forfeiture case in Indiana. If the prosecution does not meet this deadline, you can ask the court to ensure that your property is returned.

After a civil forfeiture case has begun, you will have the opportunity to challenge it. To be successful, this requires you to show that the assets were not involved in any criminal activity or that the assets were obtained through legal means. Still, the burden of proof is on the prosecution to prove that the assets are connected to illegal activity.

Unlike in criminal cases, the prosecution does not have to prove this point beyond a reasonable doubt. Instead, they must only prove it by a preponderance of the evidence. This means they must show it is more likely than not that the property was involved in a crime or obtained through illegal means.

What Happens to the Property?

If the property is not returned to you, it is most likely that the proceeds will be distributed directly to law enforcement agencies. Critics of the system argue that this creates incentive for police to aggressively pursue seizures, even when there is no legal basis for it. On the other hand, supporters claim that the proceeds from the property help boost public safety efforts.

Our Civil Asset Forfeiture Lawyer in Indianapolis Can Help

Civil asset forfeitures can happen very quickly. If your property has been seized, it is important to act just as quickly. At Rigney Law, LLC, our Indianapolis civil asset forfeiture lawyer can advise you of all deadlines, help you petition the court, and make the entire process as easy as possible. Call us now at 317-623-0989 or fill out our online form to schedule a free consultation and to get the legal help you need.

Source:

in.gov/ipac/files/DOJ-Problem-Oriented-Policing-Asset-Forfeiture.pdf