forfeiture
What is Forfeiture? Thats what I'm going to tell you. Asset Forfeiture is aprocess that allows the government to take property away from people permanently, without paying for it, if the property or its owner is involved in certain criminal offenses, such as drug offenses or gambling. Any kind of property: cars, boats, airplanes, cash, bank accounts, homes and even businesses, can be forfeited. If you are found not guilty in your criminal case or even if they drop the charges you wont necessarily get you r property back automatically. If the government decides to "forfeit" it, you have to win the forfeiture case to get it back. A forfeiture case can take anywhere from a few months to several years. What would you do if they say something is going to be forfeited? Start by shopping around for a forfeiture lawyer.You might ask yourself "can i get a court-appointed attorney to defend me in my case?" Well, its not likely. Criminal defendants are entitled to a court appointed attorney paid for by the government, but, so far, this has rarely been extended to civil forfeiture victims. However, a few courts are starting to change there minds about this. But when you find a lawyer ask t
Federal cases start with a notice of forfeiture being mailed out. Just as in criminal cases you can move to suppress evidence which is illegally seized. The forfeiture law prohibits property owners from filing civil suits to get their property back. Forfeiture procedure is not like ordinary civil procedure, and it shares a few features of criminal law, as well as admiralty law and quaint "in rem" procedures. If the judge suppresses the evidence, the government may be unable to prove its case, and you would win. If you call them, be carefull what you say, everything you say can, and will be used against you in court. There is a forfeiture reform bill pending in Congress that will improve the procedures somewhat. Make sure the police know that you are claiming the property, and that they have your correct address. Each forfeiture statute contains additional defenses which may apply to you. Its when the forfeitures of property that are disproportional to the offense committed are unconstitutional. Urge your Senators and congressmen to support it.
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