What to do if you are facing civil forfeiture

Having your assets seized through civil forfeiture can be stressful and intimidating. It can also leave an unfortunate social stigma. Remember that facing civil forfeiture does not mean you are guilty of a crime. Asset forfeiture can happen to anyone, often without warning.

What the law says

The Drug Asset Forfeiture Procedure Act allows authorities to confiscate assets they suspect of being involved in drug crimes. However, innocent property owners are not immune to this. Mistakes do happen. If you face this issue, you have the legal recourse to defend your rights.

What can you do?

Consider these steps if you face asset forfeiture:

• Examine the notice: Examine the notice given to you closely. It should explain why authorities are taking your property.
• Consult a lawyer: Seek counsel from an attorney experienced in forfeiture cases. They can explain your rights and help formulate a strategy.
• Contest the seizure: Submit a formal claim challenging the seizure.
• Request a hearing: Petition for an opportunity to present your case before a judge. Prove that your assets have no connection to illegal activities.
• Pursue an appeal: If your initial efforts are unsuccessful, you can request that a higher court review your case.
• Establish innocence: Provide evidence showing you were unaware of any illegal activity associated with your assets.
• Negotiate: In some instances, you may be able to settle with the government to reclaim your assets.

These steps are just a general guide. Your case may be different and require a different defense strategy.