Asset Forfeiture FAQs

What should I take into account when choosing a criminal defense lawyer?

When choosing a lawyer you must take into account some characteristics of a criminal defense attorney:

• Originality, professionalism and conduct. Level of experience and a history of criminal cases. Reliability and speed of work for your call. Honesty. Â

What types of assets can be seized?

The government can seize vehicles, houses, funds in bank accounts, cash, boats and/or an entire business or company which have been obtained from illegal sources. Drugs and weapons are very known assets seized by the government.

What will happen after the property and other assets have been seized?

It is taken by the government, is stored as evidence in a criminal case, and a report indicating the identity of the owner of the property, estimated value and a description of the asset.

What law enforcement agencies are involved in these processes of confiscation?

State, and federal police, as well as municipal commonly conduct all seizure and forfeiture actions. Moreover, most federal agencies, such as the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the Internal Revenue serviceid (IRS) also perform these procedures.

Can you fight against the confiscation?

Yes, the law allows the defendant whose property was seized to challenge this conviction, specifically states that there are some goods that are not subject to forfeiture. Additionally, many situations have arisen that the owner has no connection with the alleged crime. This person could not have been present at the time that the crime took place, or even have any idea or knowledge, that is, lending a car to a person who committed a violation of law. The so-called innocent the property owner has the legal right to challenge the confiscation of their property.

Is it allowed just to take my assets if law enforcement thinks I committed a crime?

No, there should be a judicial process first. Law enforcement needs a search warrant, consent or a seizure order. There are specific procedures the government must follow to seize the property. The government has to show that the assets were obtained through criminal activity, then, the court will allow the seizure. Furthermore, the government has to prove in a civil or criminal proceeding that the goods were the result of a criminal activity or were used to facilitate the crime.

How many types of Asset Forfeiture are there?

There are essentially two kinds of asset forfeiture that a criminal defense lawyer will come across. They include:

• Criminal Asset Forfeiture Civil Asset Forfeiture

How can an attorney help me have my property back?

The first thing an asset forfeiture attorney will do for you is to find out which government agency took the property. Depending on which type of asset forfeiture you are dealing with, the attorney will choose which laws and jurisdiction relates to your case. Then, in order to study who is on the other side, the asset forfeiture attorney will find out about the agency involved in your case.