Practice Area - Asset Forfeiture

Asset forfeiture describes the legal process of confiscation of assets, by the State or federal government of the proceeds or instrumentalities of a crime. Instrumentalities of crime are property that was used to facilitate crime, for example boats used to transport drugs.

If you think that you may be under investigation or possibly facing criminal charges you are seriously advised to retain the services of an attorney.

In civil forfeiture cases, the government sues the item of property, not the person; the owner is effectively a third party claimant. That means that the owner is not a party to the legal action. The government must establish probable cause that the property is subject to forfeiture, and the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty or even accused of a crime.

The summaries found on these pages are intended to give a broad picture of the types of criminal charges and are not intended as legal advice. The laws may have changed from the last update. For reliable information on state and criminal laws speak to an experienced criminal defense attorney about the facts of a specific case.

For a free initial consultation please call the Law office of Sydney Smith PA