Asset forfeiture is a powerful tool used by law enforcement to combat crime by seizing property suspected of being used in illegal activity. The government seizes this property with the intention of dismantling and deterring criminal activity. Despite this, property owners who have nothing to do with criminal activity often suffer unjust seizures. Navigating asset forfeiture proceedings can be incredibly complicated for property owners, especially if you have no prior experience with the...
Read MoreThe U.S. Fourth Amendment is what comes to mind when you think about public protection from law enforcement intrusion. However, if you reside in or have been charged with a crime there, federal law is not the only statute that provides search-and-seizure protections. The protections are also guaranteed under California law. If you have undergone an unreasonable search and seizure, you and your criminal defense attorney can petition the court to exclude the illegally acquired evidence from the...
Read MoreAuctions may seem like an exciting way to acquire valuable assets at low prices, particularly vehicles and foreclosure properties. But behind these attractive offers is a world of concealed risks that most consumers do not recognize. Inexperienced and uninformed individuals are often victims of unfair practices such as fake bidding and predatory selling. Most items are sold in their as-is condition. Therefore, customers can experience unpleasant surprises, such as concealed defects or a lack...
Read MoreIn California, the local, state, and federal governments are empowered to seize your assets if they determine through investigations that they have been linked in any way to criminal activity. Asset forfeiture is divided into two types: criminal and civil forfeiture. This blog explains civil asset forfeiture in detail, both at the federal and state levels. If you suspect wrongful seizure of your property, an attorney can help you navigate your legal options. What Is Civil Asset...
Read MoreAsset forfeiture laws were originally passed with the intention to facilitate dismantling criminal activity and groups by empowering law enforcement to seize assets linked to illegal activity. But as good as this may sound, the unfortunate reality is that many business owners have unjustly suffered as a result of these laws being abused. Many legitimate businesses that have absolutely no relationship with any involvement with illegal activity face the constant threat of having property and...
Read MoreCivil asset forfeiture is a legal process that empowers law enforcement to seize property it believes is associated with criminal activity. It was initially designed to play an important role in dismantling organized crime, drug trafficking, and other serious criminal endeavors by targeting the financial resources of individuals and groups that carried them out. Over time, however, things have gotten much murkier as law enforcement agencies have been found abusing the system and neglecting...
Read MoreAsset forfeiture is a legal process where law enforcement agencies seize assets they believe to be involved in criminal activity. Although this was intended to be used for combating crime, and in some ways still is used in line with this intention, it is also, unfortunately, used to seize property from people who have no connection to criminal activity whatsoever. If you’re facing asset forfeiture, do you know what it takes to file a successful appeal to put an end to the process and secure...
Read MoreCivil asset forfeiture is a tool used by law enforcement in the legal world. This tool allows them to seize assets they suspect as being connected to criminal activity. What concerns so many critics of it is that law enforcement can exercise this power without formally charging the owner of the assets with any crime. Civil asset forfeiture was initially intended to disrupt organized crime and drug trafficking, but its application has unfortunately expanded such that it is now used against...
Read MoreCivil asset forfeiture is a legal process where law enforcement can seize your assets so long as it merely suspects you or the assets in question have been involved in criminal activity. Under the laws that give rise to civil asset forfeiture, law enforcement doesn’t need a court order or to charge you with a crime to take this action. Despite seemingly good intentions of deterring crime, many critics argue this practice cuts against the fabric of America, and understandably so. Administrative...
Read Morehttps://www.forbes.com/sites/instituteforjustice/2021/10/25/new-proof-that-police-use-civil-forfeiture-to-take-from-those-who-cant-fight-back/?sh=17bc18fd34e8 Institute For Justice Andrew Wimer Contributor Institute For Justice Contributor Group Policy Police and prosecutors can use civil forfeiture to take property without criminal charges, a new... [+] GETTY Nassir Geiger spoke with the wrong person at the wrong time and it cost him hundreds of dollars and his car. Nassir was a victim of...
Read MoreWhereas government agencies will make it appear like they have every right to seize your property since you, your household member, or your loved one is accused of an offense, don’t listen. Whether the connection between the criminal activity and the property in question is strong enough is for the court to decide. Contact Asset Forfeiture Attorney law firm today at 888-571-5590 to schedule a complimentary consultation and case evaluation. We serve clients throughout California and nationwide facing asset forfeiture.