There are numerous ways one can put up a defense against civil forfeiture proceedings and comply with all the deadlines and rules to get their property back. Our international airport attorneys have a robust approach on all of these options to prove the government has a direct violation of your rights. The truth is that a competent attorney knows all the complicated and extended ways of diligently helping and will often have a record of proving that the government tends to be more wrong than right with civil forfeitures.
What type of attorney do I need when police take cash?
The right attorney will usually have specific skills for asset forfeiture and seizure laws because there are three main categories:
- Criminal forfeiture – It involves taking action against the person involved in the criminal activity
- Civil forfeiture – The action is against the property, which is considered an asset in criminal activity
- Administrative forfeiture – This category is the most common and does not take place in court. Usually, they are non-judicial proceedings handled by the governmental agency that institutes them, such as the FBI, IRS, etc.
The worst thing you can do is think you stand a chance to get back your property by speaking your mind because you are undoubtedly innocent, and the government is acting unethically. The attorney you need when the police take your cash has a specialty in civil forfeitures. Usually, our primary job is to prove that you, as the property owner or claimant, do not conduct any criminal activity with the property. Our civil asset forfeiture lawyers do this by arguing out a lot of different scenarios, by understanding the laws particularly affecting your case.
The most common civil forfeiture defense
This defense establishes that you acquired the property as a third owner and were not aware of the illegal conduct at the time of purchase. Most times, innocent people will stand a better chance to win the case if they help us with enough evidence to prove that they did everything they reasonably could to stop the use of the property or the criminal activities associated.
In this case, we will also have to show that you have a legal ownership of the property and a higher interest than the criminal involved. An example is that we could prove you are not aware of the criminal activity by one of your employees, and therefore deserve to get your property back because you have superior ownership.
Compare the value of the property
It should be easy to prove that the amount of search and seizure does not match the criminal activity. An example is fighting against the seizure of your vehicles when the actual culprit is the food truck.
The legal team with Bret W. Schmidt concentrates on the kinds of defenses that will give you the best of the situation. We work diligently to establish reason why you deserve to get back your property, and will therefore include the above defense strategies or more for the seizure of cash. Please contact us online or call 214-526-1100 to book a personalized consultation.