Asset Forfeiture

There is currently a Bill that Congressman Barney Frank is one of the authors that appears to correct much of the process considerations that are at the heart of forfeiture injustice.

  • Are you trying to get your property back from the government? Either money, marijuana, documents or other tangible items that government agencies took before charges were even filed?
    The reform geared towards correcting current asset forfeiture law deals most directly with seizures of property that can still happen even before charges are filed. In these cases, the accused and, hence, the victims, face a manifestly unjust legal process where they have to prove the innocence of their property! The normal burden of proof, which is usually with the State, shifts to the accused and they have to prove that they have a legitimate claim or interest in the property that the government has seized; this is absolutely so contrary to our constitutional protections!
    Hence, congress is considering bolstering the due process protections afforded victims and this will force the government to get a criminal conviction prior to even taking property that it alleges is party to a crime!
  • Have any of you requested the return of property seized by DEA, USPF, or any State and/or Federal law enforcement agency?
    This firm’s State and Federal practice is based on asset forfeiture, both civil and quasi-criminal asset forfeiture, and the return of property and assets seized by local law enforcement, whether State or Federal. This includes the DEA, DOJ, USPF and other governmental agencies which in many cases profit from the taking from innocent defendants even before they are charged with a crime.
    After the government agency takes the property and files a notice, you only have 30 days to make a claim with the correct agency and the right paperwork otherwise the government just gets to keep everything! The governmental agencies are required to specifically write down all the property that is taken, but this is seldom accurate and we implore our clients to detail all property that has been hauled away by the governmental agencies. However, if your assets have been taken or removed, you need to call us immediately!
    Most seizures are related to a drug or medical marijuana raid/bust, a vehicle stop, even a DUI detention. You still have many rights and this firm will aggressively defend you at every step of the process. We work diligently, expeditiously and, as in a fast game of chess, our goal is to get your assets and bank accounts returned to you as soon as possible and the liens removed from your real property. Oftentimes your bank accounts are frozen and incapacitated.