Imagine this: You’re driving home, a bag containing a significant amount of cash sitting beside you. Suddenly, flashing lights appear in your rearview mirror. After pulling over and cooperating with the officer, you’re informed that the cash is being seized. The bewildering part? You haven’t been accused of any crime.
This scenario, while alarming, is a reality for many individuals due to civil forfeiture laws. Whether you’re facing accusations or not, the possibility of asset seizure looms large. This article will explore the intricacies of civil forfeiture, particularly in MD, VA, PA, and DC, arming you with the knowledge to defend your property and understand your rights. We will delve into topics such as:
- What civil forfeiture is and the laws governing it.
- The procedures following forfeiture and how to prepare for a hearing.
- Your legal options and common defenses against forfeiture.
Civil Forfeiture: Unveiling the Concept
Civil forfeiture laws empower law enforcement to seize property—be it real estate, vehicles, money, or other assets—that they suspect is linked to criminal activity. Although this can arise from business or individual bankruptcy, this discussion will mainly focus on instances involving suspected criminal involvement.
A crucial point to remember is that a criminal charge is not a prerequisite for property seizure. While local authorities might act alone in seizing property, agencies like state police, the FBI, and the DEA can become involved in situations of alleged criminal conduct.
After seizing your property, the agency responsible must justify why it should retain it. This means you could potentially lose your property permanently. The consequences stemming from a seizure involving your home, car, or a significant sum of money can be severe and have a long-lasting impact.
In Maryland, forfeiture cases often fall under Title 12 of the Maryland Code of Criminal Procedure, specifically related to drug offenses. Law enforcement is authorized to seize the following, in addition to illegal substances:
- Vehicles or equipment used in the production or transportation of drugs.
- Money believed to be connected to drug-related activities, along with assets acquired through drug transactions.
- Real estate, including houses and land.
- Weapons suspected of being used in connection with drug-related crimes.
While courts generally require a warrant before seizing property, exceptions exist. For example, a warrantless seizure may be permitted if the seizure occurs after a valid arrest made under a search warrant. Similarly, no warrant is necessary if the state has already ruled that the property should be forfeited to the state.
Critically, law enforcement can seize property without a warrant if they have probable cause to believe it has been used in, or will be used in, a crime.
Post-Seizure: Navigating the Next Steps
Within 15 days of the seizure, authorities are obligated to provide you with information concerning your property, including a case identification number and contact details of an agency that can provide updates on your property. This leads us to the next step:
Submitting a Request for Return
Upon receiving notice of the seizure, you have the right to submit a written request for the return of your property.
However, if the court decides that the property should remain in their custody, they have the right to do whatever they see fit with your property. Depending on the type of property, the government may:
- Use it (e.g., seized vehicles or money).
- Destroy it.
- Sell it (e.g., vehicles or real estate).
If the government chooses to sell your property, the proceeds may be used to cover any expenses related to the property itself. It is highly unlikely that you will receive any compensation for your lost property.
Failing to respond to the seizure notice could result in the government permanently retaining your property. On the other hand, you have the right to challenge the government’s claims and provide reasons why your property should be returned.
The hearing for your property will take place in the court where the case was filed. Engaging an attorney to assist you in your case is highly recommended. The seizing agency bears the burden of proof to justify its concerns regarding your property. It cannot be overstated that many instances of property seizure happen to ordinary people who are unaware that they have committed a crime. Therefore, when you’re fighting for your property, engage legal counsel.
Taking Legal Action to Reclaim Your Property
Recovering your property might prove to be more challenging than you anticipate. A skilled attorney can make a substantial difference in the outcome, regardless of whether you have been charged with a crime.
Firstly, if law enforcement seizes your property under Title 12, you and your lawyer can review your options. The state bears the burden of proving that your property should remain in government custody due to its involvement in drug-related crimes. A diligent lawyer will thoroughly examine the state’s claims for weaknesses, ensuring that you can protect your future and recover your property, regardless of whether criminal charges have been filed.
Furthermore, it is essential to remember your fundamental constitutional rights, particularly the Fourth Amendment. This amendment protects against unreasonable searches and seizures without probable cause and a warrant.
While the law permits law enforcement to seize property if they have probable cause, your attorney will carefully investigate any potential Fourth Amendment violations that may have occurred during the seizure.
Additionally, your lawyer may invoke the Eighth Amendment, which prohibits excessive bail or fines, within the context of your seizure case. If the government has seized an excessive amount of property from you, your attorney may challenge this in court.
Here is a table summarizing some of the key legal considerations in civil forfeiture cases:
| Amendment | Description | Relevance to Civil Forfeiture |
|---|---|---|
| Fourth Amendment | Protects against unreasonable searches and seizures. Requires probable cause and a warrant for searches and seizures. | Challenges unlawful seizures of property without probable cause or a valid warrant. |
| Fifth Amendment | Protects against self-incrimination (pleading the fifth) and ensures due process of law. | Ensures fair procedures in forfeiture proceedings and protects against coerced statements that could incriminate the property owner. |
| Eighth Amendment | Prohibits excessive bail, excessive fines, and cruel and unusual punishments. | Can be used to argue that the amount of property seized is disproportionate to the alleged offense, constituting an excessive fine. |
“It requires wisdom to understand wisdom: the music is nothing if the audience is deaf.” – Walter Lippmann
JC Law: Your Advocate in Civil Forfeiture Cases
If you need to reclaim your property, contact JC Law for a free initial consultation. Our experienced attorneys, including James E. Crawford, Jr., can mount a proactive and effective defense to help you regain your property and resume your everyday life. While Maryland has a more progressive forfeiture record than some states, it’s crucial to be prepared if you find yourself in the crossfire. We serve clients in MD, VA, PA, and DC, and are ready to protect your rights and assets.
FAQs About Civil Forfeiture
- Can the police seize my property even if I haven’t been charged with a crime?
Yes, civil forfeiture allows law enforcement to seize property they believe is linked to criminal activity, even without criminal charges. - What should I do if my property has been seized?
Immediately contact an attorney experienced in civil forfeiture. You should also submit a written request for the return of your property. - What if the government sells my property?
The government can use the proceeds from the sale to cover costs related to the property. You likely won’t receive any compensation. - What are some common defenses against civil forfeiture?
Defenses can include challenging the legality of the seizure under the Fourth Amendment, arguing that the forfeiture violates the Eighth Amendment’s prohibition against excessive fines, and demonstrating a lack of connection between your property and any criminal activity. - Where does JC Law provide services?
JC Law provides services to clients in Maryland (MD), Virginia (VA), Pennsylvania (PA), and Washington, D.C. (DC).
