What is Civil Asset Forfeiture?
Civil asset forfeiture is a bit of an anomaly when it comes to legal jurisprudence.
If an individual is charged with a crime, he is considered innocent until proven guilty and entitled to Constitutional rights of due process.
However, the government declares some actions and possessions to be considered to be civil cases. As such, these are not entitled to the legal protections that murderers, thieves, and others receive.
Civil Asset Forfeiture.
Civil asset forfeiture relates to the confiscation of real property, often cash and vehicles, by the government when it considers it a civil case rather than a criminal one.
In these cases, the government actually confiscates and takes title to the property. In these instances, it’s the property itself rather than its owner that is considered the perpetrator of the crime.
Here’s the interesting thing. No individual needs to be charged with any crime for the government to seize assets. Nor does the government need to prove any guilt.
Most of these asset forfeiture cases are related to drug law violations but more and more cases are being seen in shoplifting, prostitution and other illegal activities.
Forfeiture rests on the premise that the seized assets were being used in connection with some illegal activity, such as a car that may have been used to transport illegal drugs, as an example.
In effect, the government sues not the owner of the property, but the property itself. Its owner, if he wishes to reclaim it, must prove it was not being used as the government charges. This requires the assistance of an experienced asset forfeiture recovery attorney.
Typically seized property is cash, cars, real estate, or a business. And, just because the owner was not aware a friend or family member was using a car, for example, for the illegal activities, does not absolve him or clear the seizure.
A conflict of interest.
The whole concept of property seizure creates a questionable backdrop since all seizures made by the government and police agencies become its property.
A number of state and federal agencies can now legally seize assets. These include the IRS, the FDA and the FBI. The practice is being expanded into new areas and new departments.
Some say it’s a powerful tool for government to muzzle dissent since confiscation can be used on a whim and with little substantiation in many cases. And with the seemingly onerous process of fighting it, many people think twice before defying authorities.
Some police and other government agencies receive large parts of their budgets from confiscation. And as the practice spreads, fear can supplant rightful resistance to police injustice.
Assets seized? Contact our experienced asset seizure attorneys.
If your assets have been seized by the government, we may be able to help you get them back. Due to the nature of our practice, property seizure litigation must amount to value in excess of $100,000 and cash seizures must be a minimum $30,000.00 in order for us to be able to help you with your case. Complete the form on this page or call 1-800-934-2921 for a free no obligation consultation.
We have the skill and experience to satisfy your legal needs throughout the United States, and can respond immediately to your inquiry.