There may come a moment in your life where you find your property subject to seizure by governmental forces. It’s important to understand – whether you committed the crime or not – there are rights due you in such a situation. Below you’ll find commonly asked questions associated with seized property and your rights.
Police officers took my property. How do I get it back?
If your property was seized because of a crime, you will be able to get it back when the case is over, that is unless it is contraband or being held for forfeiture. If it is drugs, illegal weapons, or something similar you can’t get it back. Regarding forfeited property, you’ll have to win the forfeiture case to get it back.
What is forfeiture?
Forfeiture is a process that allows the government to take property away from people without paying for it and permanently, if the property or its owner seems to be involved in certain criminal offenses, such as gambling. Property such as cars, boats, airplanes, cash, bank accounts, homes and even businesses can be forfeited.
If I am found not guilty in the crime or the charges are dropped, will I get my property back automatically?
Not necessarily. You have to win the forfeiture case to get it back. That is a separate civil trial.
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The seizure of a truck (used for the distribution of illegal drugs) or the seizure of a home (used to manufacture drugs) are examples of assets that can be seized. The grounds for seizure are different for federal and state courts; therefore, it is important that your attorney understands and finds which governmental agency has seized the property. It is imperative that you hire an attorney that has knowledge about federal and state forfeiture laws.
We invite you to contact the Law Office of Robert R. Robles in Oklahoma City, Oklahoma for more information about how we can help you. We will thoroughly evaluate your case and create a solid defense strategy. We are committed to finding practical solutions to your legal problems.
Call us today at 405-232-7980 or contact us to speak to an Attorney regarding your rights.