What is Civil Forfeiture?Devised to combat organized crime and large scale drug trafficking, forfeiture laws allow the government to take the property of criminals. Criminal forfeiture laws allow the seizure of property only after a conviction beyond a reasonable doubt. Civil forfeiture laws allow the government to gain possession of a person's property without any determination of guilt. Instead, these civil proceedings are guided by the lesser "clear and convincing" standard of proof, rather than using the "beyond a reasonable doubt" standard employed in criminal proceedings. Even if I am Not Implicated in a Crime, Can Civil Forfeiture Be Used against Me?Under the idea that the property is itself guilty by association, police may take your property without convicting or arresting you, putting the burden on you to prove that property was not associated with a criminal enterprise. Technically, civil forfeiture is a lawsuit against property, not the person, so legal action has less to do with a person's guilt, and more to do with property's use as an instrumentality in a crime. If property has been used in association or to further criminal acts, that property is subject to civil forfeiture proceedings. How Do These Proceedings Work?Unlike other court proceedings, victims of asset seizure under forfeiture laws have to prove their own innocence, and have a very short time, usually 10 days, to initiate proceedings to prove their innocence. Should I Consult a Defense Attorney if My Property Has Been Seized?Because of the complicated nature of this area of law, the advice of a criminal defense attorney can be helpful in these cases. Additionally, this is a special area of law and it is advisable that one finds an attorney with specific experience in these proceedings for the most favorable outcome. |
