When law enforcement suspects that property you own has been involved in a crime, it can be seized for evidence – even if you have not been involved in the crime yourself. More concerning, is the property can be subjected to formal forfeiture proceedings which may result in title of the property being transferred to the state. Unfortunately, it’s very easy for your property to be subjected to forfeiture. However, Arizona forfeiture attorney may be able to help you get your property back.
Kinds of asset forfeiture
There are two kinds of asset forfeiture: civil forfeiture and criminal forfeiture.
Civil forfeiture.
With civil forfeiture, your property can be taken in two ways:
- Police seize your assets because they suspect you of wrongdoing – but they don’t have to charge you with any crime to do so as long as it’s a civil forfeiture. This is commonly done when currency is found in connection with the seizure of drugs or a firearm.
- Police seize your assets because they suspect your property has been used in a crime. They can take your property even if you yourself are innocent because they can in essence charge your PROPERTY with involvement in the crime. Your car, home, money, and other valuables can be taken from you because police suspect they were somehow part of a crime.
Criminal forfeiture
With criminal forfeiture, police seize your assets as part of a legal action.
Reasons can include:
- Accused of engaging in a criminal lifestyle. Federal and state laws prohibit any persons involved in a crime from profiting from those crimes. Your property can be taken from you; even if you’re not actually charged with any crime. Meaning that you do not have to be charged with a crime to have your assets seized. Law enforcement can “keep 100 percent of forfeiture funds.”
- Police suspect that your property involved in a crime. In this scenario, the property itself is actually “charged with a crime” so that it can be seized as evidence.
- A civil case becomes a criminal case. In the case of civil forfeiture, property can be seized as part of a civil proceeding. However, many cases that start out as civil cases become criminal cases when fraud, for example, is suspected to have occurred.
In either of these instances it is important to note that your property can be seized and taken from you. This is the true even if you’re innocent of committing a crime – or, even if police don’t think you yourself are guilty of a crime.
Why? If police suspect that your property was used in connection with a crime, whether from a family member, friend or stranger, they can take that property as evidence and later subject it to forfeiture proceedings. Not only can they take it, but they can keep it, and have no requirement to return it to you.
A recent Arizona law change made it more difficult for police to seize property, but it still allows police to seize and keep your property when you’re innocent. Again, contact an Arizona forfeiture attorney as soon as possible. He or she will work to help you get your property back.
Arizona Assets Seized Unfairly? Contact an Experienced Arizona Forfeiture Attorney for Help!
You may not be able to do anything to stop law enforcement from actually taking your property. However, you can hire an Arizona forfeiture attorney to help you get your property back.
Lerner and Rowe Law Group’s experience in assisting victims of asset forfeiture is unparalleled. Contact right now! An asset forfeiture attorney will review your case for FREE. We’ll also set up an affordable payment plan if you need one. We are available 24/7 to take your call at 602-667-7777.