Can You Recover Assets After Civil Forfeiture?
Civil asset forfeiture is a process used by police and other law enforcement agencies when they believe certain property is connected with criminal activity. Civil asset forfeiture is particularly common in cases involving drug-related crimes such as trafficking or possession with intent to distribute.
Law enforcement may take your property even if you are not charged with a crime. Our Indianapolis civil asset forfeiture lawyer outlines the potential defenses and your legal options below.
Are There Defenses to Civil Asset Forfeiture?
If you are at risk of having your property seized, it is critical that you act quickly and speak to an attorney as soon as possible. There are common defenses in these cases that may apply to your own. They include:
- Lack of probable cause: Law enforcement is required to have probable cause that the property involved was connected to a crime. Your lawyer may argue that sufficient probable cause did not exist and so, law enforcement did not have the right to seize your assets.
- Innocence of the owner: Your lawyer will work to show that you did not have any knowledge or involvement in any criminal activity related to the asset that was seized. This may allow you to take the necessary steps to recover it.
- Disproportionate forfeiture: Your lawyer may use the defense that the forfeiture is not proportionate to the alleged crime and so, is a violation of your constitutional rights.
- Violations of due process: Government officials and law enforcement agencies must follow proper procedures during the forfeiture process. If this process was not followed properly, you can challenge the legality of the action.
The Forfeiture Hearing is an Important Step
The local prosecutor will file a civil complaint to formally initiate the forfeiture. You will have the opportunity to respond and it is important to work with an attorney who can help you do this. A hearing will then be scheduled.
During the hearing, the prosecution will present evidence and arguments showing how the property is related to a crime. You will also have the opportunity to present evidence and arguments proving it is not and possibly having your property returned.
Can You Recover Seized Property?
It is possible to recover property that has been seized by the government. Indiana code establishes the procedure. The process typically involves investigation of the State’s claim, making any available challenges in court, negotiating with the prosecution, and presenting evidence that supports your position at a contested hearing if an agreement cannot otherwise be reached. Our civil asset forfeiture lawyer can help you through the process.
Call Our Civil Asset Forfeiture Lawyer in Indianapolis for Help
If your property has been seized, or you fear that it will, call our Indianapolis civil asset forfeiture lawyer at Rigney Law, LLC to help protect your rights and work toward recovering your property. Call us now at 317-623-0989 or contact us online to schedule a free consultation and to learn more about how we can help.
Source:
in.gov/ipac/files/DOJ-Problem-Oriented-Policing-Asset-Forfeiture.pdf