Asset Forfeiture Law Explained
Forfeiture Law is based on ancient rules that the King owned all property in the Kingdom. The King’s soldiers could make an unreasonable seizure of the citizen’s property to tax and fill the coffers. American patriots fought against unfair tax in the famous Boston Tea Party and incorporated the 8th Amendment against cruel and unusual punishment in protest of the King’s oppression of the Colonists. But laws of forfeiture and seizure survived. The proceeds fund law enforcement projects and are subject to abuse by local and federal agencies today. But we can fight them for the Return of your property by Petition or Court Claims and smart use of crucial deadlines, the forfeiture laws themselves, and the 4th and 8th Amendments of the Constitution.
30-DAY TIMELINE
Only 30 Days To Election Of Proceedings from date of seizure publication or notice of information to claimants. Deadlines to challenge seizures are set by in Administrative Petitions to the Agency 19 USC § 1618 or Claims in the U.S. Courts 18 USC §983. In a confidential legal consultation we analyze the facts and advise of a legal strategy of a petition versus a claim in court.
ACT NOW AND AVOID DEADLINES
Decisions must be made, documents notarized and evidence gathered to file a petition or a claim to protect your rights. The U.S. Constitution and Amendments like the 4th against unreasonable searches and seizures were drafted by the founding fathers to protect the American Colonists from retaliation by the Government (formerly the King.) Civil asset forfeiture is NOT a criminal charge. In many cases, we must stress that Civil Asset Forfeiture does Not Automatically Trigger Criminal Charges because it is a Civil Procedure. Although the Government will write in bold print that False Statement or Claims … 18 USC §1001 or 18 USC §1621 are punishable… obviously to intimidate you to hesitate in filing a petition or claim.
NOT A CRIMINAL CHARGE, DO NOT BE INTIMIDATED
No criminal charges should follow when an innocent owner petition, usually a spouse, relative or friend loans a Vehicle was used in the commission of a crime or if purchased criminally when the owner did not know it was used, for example, to smuggle controlled substances. There is a specific law that protects “Innocent Owners” For instance, if you loan your car to someone that smuggles drugs or aliens, an experienced forfeiture lawyer could get the car returned in about 60 to 90 days as an innocent owner.
TOWING & STORAGE FEES ARE LESS THAN YOU THINK
Far too many give up when, historically, towing and storage fees are around $7 to $8 dollars per day. In some cases we get the fees waived based on financial needs. There is no reason to give up. We have payment plans for qualifying clients.
WE CAN SAVE YOU MONEY
Asset Forfeiture Law Firm lawyers understand what kind of evidence can show by 51% (just over one-half) that the money or asset came from a legal source, like a bill of sale for selling a car or property. Or that you have emails, texts, invoices, or receipts that support an asset was to be used legally, for instance, to pay a bill with the cash possessed or mailed to a friend. Many people do not trust banks and deal in cash only! The sooner we get started, the sooner we can tell you what we think. It is a free confidential consultation.
