Federal and state law allows law enforcement officers to seize cash or assets that they believe may have been gained through illegal means or that they believe may have been used to commit a crime.
Asset forfeiture is most common in drug crimes cases, with law enforcement regularly seizing cars, cash, jewelry, and other property they say was purchased with "drug money." But the police can also seize assets in white-collar crimes such as fraud or money laundering. Forfeiture actions can also come from illegally structuring deposits of cash into a bank account.
If you have received a Notice of Seizure of Personal Property and Right to an Adversarial Preliminary Hearing, you must file a request for an adversarial preliminary hearing within fifteen days for a State action or ten days for a Federal action to preserve your rights.
Asset forfeiture is not only difficult for the person who has been charged with a crime, but it is also difficult for family members who may have had no connection with any wrongdoing that may or may not have occurred.
Loss of a Vehicle, or, worse, a home, will have harmful effects on the lives of spouses, girlfriends or boyfriends, and children. In fact, police have been known to seize cash from vehicles simply because there was a large amount of cash in the vehicle, with NO evidence of wrongdoing by any occupant of that vehicle. Likewise, the loss of cash or property from a business can put that business in jeopardy, even when there is no evidence of wrongdoing by ALL the owners of that business.
At the Law Offices of Roger Scott, our asset forfeiture attorneys vigorously challenge unjust search and seizures of your property. We also work on behalf of innocent spouses and parents whose property was seized by the police, bringing a case for hardship or ownership.
If your property was seized by the police, contact us. We will ensure that an asset forfeiture attorney responds quickly to your questions.
For an example of our results, please view the 5th District Court of Appeal's Order here.