forfeiture

A detailed Summary of 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. The forfeiture law prohibits property owners from filing civil suits to get their property back. Instead, the government is supposed to start the forfeiture process within a "reasonable time", and if it doesn't, you can raise the Unreasonable Delay defense later. In the meantime, there is not much you can do except to call or write the police demanding they start the process. If you call them, be carefull what you say, everything you say can, and will be used against you in court. It's better to write, so they dont get a chance to ask questions.Keep to the subject of asking about you r property. Dont discuss the alleged crime that led to the seizure of the property. Keep copies of all your letters, they can be used later to support a motion to dismiss for undue delay. Make sure the police know that you are claiming the property, and that they have your correct address. Be sure to file your responses within the !

The fifth is "Disproportionality". In my information there was only one case that this had ever been used, but it worked. Its when the forfeitures of property that are disproportional to the offense committed are unconstitutional. In the same case the guy held that civil forfeiture is punishment. (?)

deadlines or you will lose your case.

hem how many forfeiture cases he or she has defended. Comparison shop. The lawyer who hasn't handled a forfeiture case before may make mistakes that ru

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Approximate Word count = 994
Approximate Pages = 4 (250 words per page double spaced)

Category: Miscellaneous