Asset forfeiture is a powerful tool used by law enforcement to combat crime by seizing property suspected of being used in illegal activity. The government seizes this property with the intention of dismantling and deterring criminal activity. Despite this, property owners who have nothing to do with criminal activity often suffer unjust seizures.

Navigating asset forfeiture proceedings can be incredibly complicated for property owners, especially if you have no prior experience with the legal system, let alone this extremely niche area of it. As such, it’s vital you understand the settlement process.

Jacek Lentz and the asset forfeiture attorneys of Asset Forfeiture Attorney in Los Angeles, CA, have prepared this article to do just that—equip property owners just like you with a thorough baseline of knowledge you’ll need to better understand your case and navigate the asset forfeiture settlement process as smoothly as possible. As helpful as we hope this article is to you, though, know that it does not replace hiring a lawyer deeply experienced with asset forfeiture cases who can provide you not only with tailored guidance and advice but also represent you as necessary.

Understanding The Settlement Process In Asset Forfeiture Proceedings

Asset forfeiture proceedings involve seizing assets from individuals the government suspects of being involved in criminal activity. The settlement process that follows allows property owners to negotiate a resolution with the government. One pronounced benefit of this is that the litigation process is significantly shorter than it would otherwise be. Each case is unique, but all follow the same general flow:

Notice Of Seizure

The process begins with a notice of seizure. This notice serves to inform the property owner that their assets have been seized. It also outlines the legal basis by which the government justified its action and provides the timeline by which the property owner needs to respond.

Filing A Claim

Property owners have roughly 30 days to file a claim. In it, they must assert their interest in the property and dispute the government’s basis for the seizure.

Response

After receiving the property owner’s claim, the government can either return the property or file a complaint for judicial forfeiture in court. Filing a complaint makes things far more complicated by changing the nature of the case from administrative to judicial and introducing more related moving parts.

Negotiation

Assuming the government has filed a complaint, you will be able to negotiate a settlement with the government before heading to trial. It’s essential to have strong negotiation skills and a well-thought-out plan of attack for these negotiations, so partnering with an asset forfeiture attorney is a wise course of action.

Agreement

If you are able to reach an agreement with the respective prosecuting agency you’re dealing with, you’ll have to document the terms in a settlement agreement. Common terms of agreement include returning some or all of the property or a financial settlement. Settlement agreements may require court approval in order to be finalized. The goal here is to ensure the agreement is legally sound and fair.

Release

Once the settlement agreement is finalized, the property in question is returned to the owner or any other agreed-upon action—whatever it may have been—is taken.

Common Challenges

Negotiating a settlement in an asset forfeiture case can be especially challenging due to several factors. Common ones include:

Power Imbalances

Law enforcement agencies generally have more resources and, by extension, legal acumen at their disposal than do property owners. The fact that lower-income and minorities are commonly targeted in asset forfeiture cases doesn’t help to alleviate this whatsoever.

General Complexity

Asset forfeiture cases are intrinsically niche. This brings with it an inherent complexity. This is only compounded by the fact that attorneys that are proficient in handling these cases are somewhat rare.

High Stakes

The high-stakes nature of what an asset forfeiture case can mean for your life brings with it immense stress and emotional pressure. This can seriously affect defendants’ ability to effectively negotiate and otherwise navigate the process.

Legal Tactics For Achieving A Favorable Settlement

As mentioned earlier, you’ll need a well-thought-out plan of attack for your negotiation. But you’ll honestly need more than this. If you don’t have experience with the legal system, let alone this unique subset of it, you’ll need robust representation to ensure you maximize your chances of obtaining a favorable settlement. Why? Consider the chances that you’ll be able to not only handle the following on your own but better than the prosecuting agency you’re up against.

Evaluation

You’ll need to identify weaknesses in the government’s case. Without a command of the law and the legal system, this will be incredibly challenging to do, if possible at all.

Negotiation

As part of your negotiation strategy, you’ll need to set clear and realistic goals, prepare for counteroffers, and anticipate the approach your opposition will take. This is difficult to do even for experienced attorneys.

Building A Defense

Strong evidence that supports your side of the story and proves that your property is not linked to any illegal activity is crucial. Gathering this evidence and knowing how to obtain it can be challenging, especially to the extent required for success.

Leveraging Precedent

Citing relevant legal precedents and the outcome of previous cases can strengthen your position. But you have to know precedent and a general history of asset forfeiture outcomes in order to be able to do this, and it requires a lot more than simply searching asset forfeiture settlement negotiation near me on the internet. A skilled and experienced attorney will be able to handle this on your behalf.

Identifying Case-Altering Errors Or Misconduct

Should law enforcement make any procedural errors or violate your due process rights, they’ll significantly weaken their case. Failing to recognize this when it happens leaves a considerable amount of leverage on the table that could completely turn the tide of your case in your favor.

Navigating asset forfeiture proceedings and achieving favorable settlements requires a thorough understanding of legal processes, strategic negotiation, and advocacy. If you face forfeiture, you will do well to seek experienced legal representation to protect your rights and maximize your chances of a favorable outcome.

Asset Forfeiture Attorney is here to provide you with counsel and representation for your asset forfeiture case. Contact us today to learn more about how we can help you.