Asset forfeiture is a legal process where law enforcement agencies seize assets they believe to be involved in criminal activity. Although this was intended to be used for combating crime, and in some ways still is used in line with this intention, it is also, unfortunately, used to seize property from people who have no connection to criminal activity whatsoever. 

If you’re facing asset forfeiture, do you know what it takes to file a successful appeal to put an end to the process and secure your rightfully owned assets? In this article, leading asset forfeiture appeals lawyer Jacek Lentz of Asset Forfeiture Attorney based in Los Angeles, CA, will help put any concerns about it you may have to rest.

He’ll unpack the asset forfeiture appeals process, providing you with a guide so you or your loved one will be equipped with the necessary knowledge when facing key considerations throughout the process. Remember that as helpful as the general advice article aims to be, it is not legal advice, nor does it substitute partnering with an asset forfeiture appeals lawyer who will be able to guide you directly.

Understanding Asset Forfeiture And The Right To Appeal 

Asset forfeiture can occur in both civil and criminal contexts. In civil asset forfeiture, the government can seize property without charging the owner of said property with any crime. This seizure is based merely on the entity’s suspicion that the property was used or connected to illegal activity. Criminal forfeiture, on the other hand, occurs after a conviction and targets any assets gained by the individual charged through or used in the activity they were charged for committing.

In the United States, you have the right to appeal both civil and criminal asset forfeiture. The right to appeal is an incredibly important safeguard generally, but especially in these contexts, given how rampant abuse is when it comes to asset seizure. The ethical implications of asset forfeiture are vast and something best explored in their own dedicated article.

Appeals allow property owners to challenge the very basis of the seizure, as well as its fairness. This then provides an opportunity to recover their unjustly seized assets. Don’t be fooled, however—the appeals process can be fairly complex and require experience to navigate effectively.

Key Procedural Steps For Filing An Asset Forfeiture Appeal 

Given this inherent complexity, it’s worth outlining the overall process so you can prepare to make an appeal to the best of your ability.

Understanding The Basis For An Appeal 

As is the case with anything in the law, the first step you’ll need to tackle is understanding what exactly it is you’re facing. You’ll need to have a decent grasp of the grounds on which you can base your appeal. This is key, and laying a strong foundation now will make things go smoothly later in the process. Common grounds for appeal include arguing the:

●        Seizure was unlawful

●        Property was not used in any illegal activity

●        Owner was unaware of their property being used in any illegal activity

Reviewing The Forfeiture Notice 

Property owners receive a forfeiture notice that outlines the details of the seizure and the legal bases for it. Make note of all of the information on it, as this is critical to your case and appealing it.

Filing A Petition 

In order to appeal the seizure, you must formally file a petition communicating your wish to challenge it. In it, you’ll need to include your interest in the property, a description of it, as well as the grounds on which you challenge the forfeiture. Failing to file this petition by the deadline forfeits your ability to appeal the forfeiture.

Requesting A Hearing 

In some instances, you may need to request a hearing where you’ll present evidence and argue your case. This is your best chance to contest the government’s evidence and demonstrate that it wrongly seized your property since it wasn’t involved in any illegal activity or that you have no knowledge that it was. Key evidence in this part of the process includes:

●        Financial records

●        Witness statements

●        Other relevant documentation

Representation – (H2)

You can undoubtedly represent yourself in your asset forfeiture appeal, but skilled legal representation can make a huge difference. These cases are extremely niche. It’s not fair to have unrealistic expectations for yourself when most lawyers wouldn’t be able to navigate an asset forfeiture appeal effectively whatsoever.

Potential Outcomes 

After you’ve made an appeal, what sort of outcome can you expect? Depending on the specifics of your case and the strength of the argument you presented, one of three primary outcomes:

The Property is Returned 

The best case scenario, if you prove to be successful, your property will be returned to you.

A Settlement Is Reached 

You can settle with the government if they offer an attractive enough compromise, but you aren’t fully confident you could outright win in a trial. Settlements vary on a case-by-case basis but generally range from receiving only a portion of the property back to a reduction in the value of the property, among other things.

The Appeal Is Denied

The least ideal outcome is an outright denial of your appeal. In this situation, your property will remain forfeited. You may have further legal recourse depending on the specific circumstances of your case, including appealing to a higher court or pursuing a civil lawsuit. If you haven’t already, it is highly advisable to seek professional legal counsel to determine what those options may be for you.

Filing an asset forfeiture appeal is a necessary part of the asset forfeiture process for many who have suffered wrong at the hands of law enforcement. If you find yourself in this situation, understand what is on the line, as well as the requirements you’ll be subject to as part of the appeal process. As difficult and unlikely it may seem at times, you can win your case with careful preparation, solid evidence, and sound argumentation. Consult an asset forfeiture attorney for specific guidance tailored directly to your case.