Indianapolis Civil Asset Forfeiture Lawyer

Law enforcement in Indiana seizes millions of dollars in cash, vehicles, and other property every year, and a significant portion of that property belongs to people who are never charged with a crime. Civil asset forfeiture allows police and prosecutors to take your money and belongings based on suspicion alone, without ever proving in court that you did anything wrong. The burden then falls on you to fight the government to get it back. If the government has seized your property, you need an Indianapolis civil asset forfeiture lawyer who understands exactly how this system works and how to challenge it.

Indiana’s forfeiture laws give law enforcement substantial power to seize assets they claim are connected to criminal activity, whether as proceeds of a crime or as tools allegedly used to commit one. The practical reality is that many people lose their property not because the government proved its case, but because fighting back seemed too complicated, too expensive, or too uncertain. A vehicle worth a few thousand dollars, a bank account, or a sum of cash can disappear into the government’s coffers simply because the owner did not know they had the right to contest the seizure, or did not act quickly enough to do so.

What makes these cases genuinely difficult is that they operate outside the usual criminal process. You can lose property through civil forfeiture even if your criminal charges are dropped, even if you are acquitted at trial, and even if you were never charged in the first place. The civil proceeding runs on its own track, with its own deadlines and its own burdens of proof, and if you miss the window to respond, the property is gone. Rigney Law LLC represents Indianapolis residents and Indiana property owners who have had assets seized and want to fight back.

How Rigney Law LLC Approaches Property Seizure Cases

Jacob Rigney and Kassi Rigney have built their practice around one core reality: the criminal justice system is not designed to make things easy for the people caught up in it. That includes civil asset forfeiture, which operates at the intersection of criminal suspicion and civil procedure in a way that can leave property owners deeply confused about what is happening to them and what they can do about it. The attorneys at Rigney Law LLC have years of practical courtroom experience, going into court day after day and working through the procedural and substantive complexities that define Indiana criminal and forfeiture defense.

Forfeiture cases demand both an understanding of criminal law and the ability to navigate a civil proceeding, sometimes simultaneously. When a client’s property has been seized, Rigney Law LLC evaluates the factual basis for the seizure, the strength of the government’s connection between the property and any alleged criminal activity, and the procedural steps that must be taken to contest the forfeiture before deadlines expire. The firm’s commitment is straightforward: put in the work, identify every available avenue to challenge the seizure, and fight to recover what belongs to the client.

Property and Assets Commonly Subject to Seizure in Indiana

• Cash and Currency: Large amounts of cash are frequently seized during traffic stops or searches, with law enforcement asserting that the money is connected to drug trafficking, even when the person carrying it has a legitimate explanation for its origin.
• Vehicles: Cars, trucks, motorcycles, and other vehicles can be seized if the government claims they were used to transport drugs, facilitate a crime, or were purchased with proceeds from illegal activity, even if the registered owner was not the person accused of wrongdoing.
• Bank Accounts and Financial Assets: Accounts can be frozen and funds seized when law enforcement alleges that deposits or transactions are tied to criminal conduct, a process that can upend someone’s finances almost overnight.
• Real Property: In serious cases involving allegations of large-scale drug distribution or other significant crimes, Indiana law allows for the forfeiture of real estate, including homes, if the government can connect the property to criminal activity.
• Electronics and Personal Property: Phones, computers, and other electronics are frequently seized during searches and can be subject to forfeiture if the government alleges they were used as instruments of a crime.
• Business Assets and Equipment: Business owners can find their equipment, inventory, or business accounts seized if law enforcement alleges the business was used to facilitate or conceal criminal activity.
• Firearms and Related Property: Weapons may be seized in connection with both gun crime allegations and drug offense investigations, and recovering them requires navigating both forfeiture proceedings and any applicable criminal charges.

What to Do After Law Enforcement Seizes Your Property in Indiana

The most critical thing to understand about Indiana’s forfeiture process is that there are deadlines, and missing them can cost you any realistic chance of recovering your property. When law enforcement seizes your property, you should receive a notice of seizure. That notice triggers a period during which you must file a verified claim contesting the forfeiture if you want to preserve your rights. Do not assume that because no criminal charges were filed, or because the charges were later dismissed, the property will simply be returned. Indiana’s forfeiture process is a separate civil action, and inaction is treated as abandonment.

Document everything as soon as possible. Write down the circumstances of the seizure: where it happened, who was present, what was said, what law enforcement claimed their basis for the seizure was. Gather any records that establish the legitimate origin of the seized property, including bank statements, pay stubs, receipts, tax returns, or any other documentation that can help explain how you came to possess the money, vehicle, or other asset that was taken. In cases involving seized cash, demonstrating a lawful source for the funds is often central to the defense.

Marion County cases, including those arising from seizures in Indianapolis, will typically flow through the Marion Superior Court system. If a criminal case is also pending, it may be handled concurrently with the forfeiture proceeding, and the two cases can interact in ways that require coordinated legal strategy. Surrounding counties, including Hamilton, Hendricks, Johnson, and Hancock, have their own courts handling forfeiture matters, and the procedures and local practices can vary. An Indianapolis civil asset forfeiture attorney who has appeared in these courts regularly will understand not just the law on paper but how these proceedings actually work in practice.

One of the most common mistakes people make after a seizure is waiting too long to take action, either because they are focused on a related criminal case, they believe the property will be returned on its own, or they are uncertain whether hiring an attorney is worth the cost. Given that the government will keep the property if a claim is not timely filed, consulting with a forfeiture attorney as quickly as possible after a seizure is not optional. It is the prerequisite to having any realistic chance of getting your property back.

The Real Stakes of Indiana’s Forfeiture System

Indiana law authorizes forfeiture of property used in connection with a broad range of offenses, and the practical effect is that law enforcement agencies have a financial incentive to pursue seizures aggressively. The proceeds from forfeitures often flow back to the agencies that conducted the seizure, which critics have long argued creates a structural problem where the decision to seize property is influenced by the revenue it generates rather than by pure law enforcement considerations. Understanding this dynamic matters when you are building a strategy to challenge a forfeiture.

The legal standard in a civil forfeiture proceeding is lower than in a criminal case. The government does not need to prove beyond a reasonable doubt that the property is connected to crime. Instead, they must meet a preponderance of the evidence standard, meaning they need to show that it is more likely than not that the property was connected to criminal activity. That lower bar makes it easier for the government to prevail if the property owner does not contest the seizure with competent legal representation. However, that same standard means a well-documented defense showing the legitimate origin and use of the property can be effective.

For innocent third parties, Indiana law does provide some protections. If you are a co-owner of property that was seized based on someone else’s conduct, or if you are a lienholder on a seized vehicle, there are avenues to assert your interest in the property. These situations arise in cases where a family member’s vehicle is seized, or where a lender holds a security interest in property that has been taken. Navigating these third-party claims requires understanding both the forfeiture statute and the procedural mechanism for asserting an ownership interest.

Asset forfeiture cases can also intersect with other areas of criminal defense that Rigney Law LLC handles, including drug offenses and gun crimes. When a client is facing both a criminal charge and a civil forfeiture action related to the same underlying incident, the two proceedings must be managed together. Statements made in a civil forfeiture context, for example, can potentially affect the related criminal case, and vice versa. A civil asset forfeiture attorney in Indianapolis who handles the full range of criminal defense work is better positioned to anticipate and address those crossover issues.

Questions About Indianapolis Forfeiture Cases

Can the government keep my property even if I was never charged with a crime?

Yes. This is one of the most misunderstood aspects of civil asset forfeiture in Indiana. Because forfeiture is a civil action against the property itself rather than a criminal proceeding against you personally, the government is not required to file criminal charges in order to keep what they seized. If you do not contest the forfeiture within the required timeframe, the property can be retained by the government regardless of whether any criminal case was ever brought.

How long do I have to contest a forfeiture in Indiana?

Indiana law requires that you file a verified claim within a specific period after receiving notice of the forfeiture action. The exact deadline depends on the circumstances of the case, which is why you should consult a forfeiture attorney as quickly as possible after your property is seized. Missing this window can permanently forfeit your right to challenge the seizure, even if you have a strong defense on the merits.

What happens if the government cannot prove a connection between my property and a crime?

If the government fails to establish the required connection between your property and criminal activity, the court should order the property returned to you. Effective representation involves challenging both the factual basis for the alleged connection and, where applicable, the legality of the underlying search or seizure that led to the discovery of the property in the first place. Unlawfully obtained evidence can sometimes undermine the government’s forfeiture case just as it would in a criminal proceeding.

Is there a way to challenge the forfeiture based on how law enforcement conducted the search?

Yes. If the search or seizure that led to the discovery of the property violated your Fourth Amendment rights, that constitutional issue can be raised in the forfeiture proceeding. Evidence obtained through an unlawful search may be suppressed, and if the government’s connection between the property and alleged criminal activity depended on that evidence, the forfeiture case can fail as a result.

What if someone else used my property without my knowledge and it was seized?

Indiana law does recognize an innocent owner defense, which allows property owners to assert that they did not know about, or did not consent to, the use of their property in connection with illegal activity. If you can demonstrate that you were unaware of the conduct that led to the seizure, or that you took reasonable steps to prevent it once you learned of it, that defense can be the basis for recovering your property.

My car was seized at a traffic stop and the police said they found drugs, but they weren’t mine. Can I still get my vehicle back?

Potentially, yes. The government must prove a connection between the property and the alleged criminal activity. If the drugs belonged to someone else and you had no knowledge of their presence, asserting the innocent owner defense in the forfeiture proceeding may allow you to recover your vehicle. Documentation matters here, and the stronger the evidence that the vehicle was yours and that you had no involvement in the illegal activity, the better your position.

Does it matter that my seized cash came from legal sources?

Absolutely. One of the most effective defenses in a cash forfeiture case is demonstrating that the money has a documented, legitimate origin. Bank records, pay stubs, business income records, tax returns, and other financial documentation that traces the source of the funds can directly undercut the government’s assertion that the money represents criminal proceeds. Gathering this documentation promptly is one of the most important things you can do after your cash is seized.

Can I be responsible for the government’s attorneys’ fees if I lose a forfeiture challenge?

Indiana’s forfeiture statutes address the allocation of costs and fees in contested forfeiture proceedings. The specific rules governing fee-shifting in forfeiture cases are something your attorney should walk you through based on the current statutory framework and the facts of your case, since the answer depends on how the case unfolds and how Indiana law applies to your specific situation.

If my property was seized as part of a federal investigation, does Indiana law apply?

Not necessarily. Federal law enforcement agencies operate under federal forfeiture statutes, which differ from Indiana’s state forfeiture law in important ways. When federal agencies are involved, the proceeding may be brought in federal court rather than state court, and the applicable law, deadlines, and procedures are different. Federal adoptive forfeitures, where federal agencies take over a state seizure, have been subject to ongoing legal changes at both the federal and state level, making it particularly important to consult an attorney quickly when federal involvement is present.

How does a forfeiture case interact with my related criminal case?

The two proceedings can and do affect each other, and this is one of the strongest reasons to have a single attorney or firm handling both if possible. Positions taken in the forfeiture proceeding can surface in the criminal case. Testimony, admissions, or legal arguments made in one forum may have consequences in the other. A coordinated defense strategy that accounts for both proceedings simultaneously is generally far more effective than treating them as unrelated matters.

Rigney Law LLC’s Forfeiture Representation Across Central Indiana

Rigney Law LLC represents property owners throughout the Indianapolis metro area and the surrounding region of central Indiana. In Marion County, the firm handles forfeiture matters arising from seizures throughout Indianapolis, including the areas of Broad Ripple, Irvington, Lawrence, Beech Grove, Speedway, and Warren Township. The firm also serves clients in the suburban communities of Carmel, Fishers, Noblesville, and Westfield in Hamilton County, as well as Avon, Plainfield, and Danville in Hendricks County. Johnson County residents in Greenwood, Bargersville, Franklin, and Whiteland can reach the firm for forfeiture defense, as can those in communities throughout Hancock County, including Greenfield and McCordsville. Rigney Law LLC further represents clients in Boone County towns such as Lebanon and Zionsville, and in Morgan County communities including Martinsville and Mooresville. Throughout Shelby County, Madison County, and into the broader central Indiana region, the firm works with individuals and families who are dealing with the aftermath of a government seizure and need legal representation to contest it.

Talk to an Indianapolis Civil Asset Forfeiture Attorney Today

Property seizure cases move on the government’s timeline, not yours, and every day that passes after a seizure is a day closer to a deadline that could cost you the ability to fight back. Rigney Law LLC offers free consultations for people whose property has been seized in Indiana. An Indianapolis civil asset forfeiture attorney from the firm will review the facts of your seizure, explain what your options are, and tell you what steps need to be taken before any deadlines expire. Call or reach out to the firm today to schedule your consultation and start building a response to the government’s forfeiture action.