Civil asset forfeiture is a legal process that empowers law enforcement to seize property it believes is associated with criminal activity. It was initially designed to play an important role in dismantling organized crime, drug trafficking, and other serious criminal endeavors by targeting the financial resources of individuals and groups that carried them out. Over time, however, things have gotten much murkier as law enforcement agencies have been found abusing the system and neglecting to uphold transparency when employing civil asset forfeiture practices.

It isn’t uncommon for innocent property owners—people with no direct involvement with any illegal activity whatsoever—to find themselves caught in the middle of these cases and the accompanying legal system, all the while expending considerable amounts of time, energy, and resources to reclaim assets that have wrongfully been taken from them.

In this article, civil asset forfeiture attorney Jacek Lentz of Asset Forfeiture Attorney in Los Angeles, CA, will explore how these sorts of civil asset forfeiture cases impact innocent property owners. He’ll also outline some key rights and protections they have. If you’ve been wrongly targeted, knowing these rights and effectively making your case in light of them could be the difference between recovering your assets or losing them for good.

How Civil Asset Forfeiture Works

In civil asset forfeiture cases, the government files a legal action against the property in question, not the property owner. To seize a piece of property, the government needs only to establish probable cause. Compared to something like beyond a reasonable doubt, the well-known standard used in criminal cases, probable cause is a relatively low one in the legal world.

It might seem strange, but the property is treated as the defendant, not any person involved in the case. Despite this, property owners must prove that the property was not used in the criminal activity the government believes it was used in. It isn’t uncommon for property to be seized and remain in the possession of the government while the property owner never faces any criminal charge.

Let’s flesh this out a little with an example. Let’s say law enforcement seized your house and car because it claims they were both used as part of a considerably large drug operation you ran. In our example, however, the reality is that you were involved in no such thing and are completely unaware of any operation. You’d still bear the burden of proving your innocence in order to recover your house and car. Interesting, to say the least, isn’t it? Another appropriate term to describe might be unjust.

The Impact Of Innocent Property Owners 

Unfortunately, abusive civil asset forfeiture isn’t uncommon and has proven to disproportionately affect those who lack sufficient resources or legal knowledge to be able to fight back and win. Innocent property owners—think of a nearby local business or your next-door neighbor, an everyday citizen—so often find themselves thrust into these situations that quickly evolve into expensive and lengthy legal battles. They so often experience many inconveniences and hurdles along the way, such as:

Financial Devastation 

For some, losing something like a car can be outright crippling. If already in a tight financial position, losing something like this can derail the situation even more, leading to the inability to make mortgage payments, cover day-to-day expenses for a business, or meet basic needs, to name a few examples.

Intense Legal Demands 

Without relevant legal knowledge and experience, a property owner meeting the burden of proof can be an uphill battle, at best.

Slow-Moving Tug-Of-War 

Even if you are innocent and hire a skilled civil asset forfeiture attorney, it can easily take months, if not years, to successfully make it to the other side of your case, so to speak. This only adds unnecessary stress to an already stressful and unfair situation.

Legal Rights Of Property Owners 

Although you may think the system is rigged against you and unfairly favors the government, realize that you do have rights—and you can exercise them. Here are some key things to bear in mind:

Filing An Innocent Owner Defense 

An innocent owner defense allows you as a property owner to argue that you had no knowledge of the supposed illegal activity your property was involved in. For example, if you lent your car to a friend or family member who used it in a crime and you were unaware of this, you could assert this defense.

Due Process 

As is the case with other types of legal cases in the United States, you’re entitled to due process in civil asset forfeiture cases. This means you can contest the seizure. With this comes the ability to present evidence supporting your argument in court as you challenge the government’s claims and argue for your assets to be returned to you.

Representation 

You can also retain a skilled attorney who has the knowledge and experience you’ll need to successfully prosecute your case against the government. They’ll help you by filing your claim, arguing your case in a convincing manner, and tenaciously pursuing the return of your assets.

Steps You Can Take Now 

Consult An Attorney 

Consulting with an attorney who knows civil asset forfeiture promptly will position you to navigate your case from a position of strength. Putting this off could seriously jeopardize your ability to build a strong case by the point you’d need to.

Document Everything 

Maintain thorough records of your property. Save things like receipts, transaction histories of bank accounts, and any documentation that shows how you initially got the property in question.

Act Promptly 

Do not miss any deadlines you may be subject to in your case. Doing so could mean you essentially forfeit your ability to challenge the seizure and win back the assets that were wrongly taken from you.

Civil asset forfeiture abuse has devastating effects on so many innocent property owners throughout the United States. With a cursory understanding of your rights in a civil asset forfeiture case, you’re better positioned to be able to navigate it effectively and recover your assets.

If you’ve had assets seized, know that you can indeed win your case with careful preparation, solid evidence, and sound argumentation. Consult a civil asset forfeiture attorney for the best way to navigate your particular case.