New York State Asset Forfeiture Lawyers

The state of New York is one of the largest jurisdictions in the country. As such, many thousands of cases are heard in this district in this community each year. Certain laws only apply to this area. If you facing the possibility of New York state asset forfeiture, it helps to know what laws may be applicable in this district and may impact your case. Keep in mind that the state’s attorneys can take what are known as the proceeds of crime under certain laws. These instrumentalities of crime are often a part of the process of being charged with a crime. At the same time, while it is possible for the prosecutors to take such assets, they are limited in what they can actually do. For example, the state’s prosecutors can’t take your real estate or what is known as “real property” except for specific drug related crimes. In nearly all instances, they can’t evict you from your home. If they want to pursue this avenue of pursuit, it can be very hard for them to carry it off. At the same time, it is imperative to have the best possible legal counsel at your side for assistance.

The Idea of Proceeds

Proceeds is a formal legal term all those facing this issue should understand. Proceeds are gains from what the law considered to be a crime. This includes many different kinds of holdings from a back account to any kind of personal property that you own. The state of New York may decide to take your jewelry, the land you own, stocks, your car and even the clothing you have in your closet. Under New York state laws, the government can also take items that have results from the decision to facilitate any kind of criminal activity. If something you own makes it easier for someone else to commit a crime, the government can consider that proceeds and take it from you.

New York Penal Law Article 480

All those who are facing this issue in New York state should be aware of the laws that apply to them personally. New York Penal Law Article 480 applies to all those who have been convicted of certain felonies. This article means that all such forfeitures must meet certain standards before they can be carried out. The same is true of what is known as the Organized Crime Control Act of 1986. Under both laws, the prosecution must be able to prove the case beyond the reasonable doubt standard. The court can set aide the determination of a grand jury and act independently as it sees fit. These are complicated laws that benefit from having someone at your side to sort them out and get the verdict you want. Keep in mind, these laws cannot be applied to you if you are facing a minor conviction such as a misdemeanor. In that case, the judge and court cannot seize many forms of your assets at all.

Plea Offer

A prosecutor may agree to demand that you forfeit certain assets as part of your plea agreement when facing many different types of charges including drug charges. This is perfectly legal and occasionally a standard part of the plea process. At the same time, it can be quite cumbersome for local law enforcement officials to follow this law. This is why so many judges and prosecutors may choose to avoid these procedures in the first place. However, this plea is also subject to certain laws in New York state that all prosecutors need to follow. In general, there is no right to have criminal forfeiture. In that case, the prosecutor prosecuting the case must be willing to file a separate civil lawsuit. This can applied to criminal defendants in New York state who are not taking a plea. In New York state, unlike the federal courts, you cannot be asked to forfeit your assets like your real property if you are facing any form of what are known as non-drug-related legal felony offenses.

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Legal Scenario: What Would You Do?

Scenario

After being arrested for a drug offense in Manhattan, police seized your vehicle, $12,000 in cash from your apartment, and your bank accounts were frozen — even though the cash came from your legitimate small business. You haven't been convicted of anything, but the district attorney's office has already begun civil forfeiture proceedings to permanently keep your property.

Can New York State really take my property through asset forfeiture even if I haven't been convicted of a crime, and what can I do to get it back?

Attorney's Answer

Under New York's Civil Practice Law and Rules (CPLR) Article 13-A, the state can pursue civil asset forfeiture independently of any criminal conviction, requiring only a preponderance of evidence that property is connected to criminal activity. However, New York reformed its forfeiture laws in 2019, now requiring a criminal conviction in many cases before forfeiture can be finalized, which significantly strengthens your position. You have the right to file a claim and demand a hearing where the burden falls on the prosecution to prove a substantial connection between your property and the alleged offense. An experienced asset forfeiture attorney can challenge the seizure by demonstrating the legitimate origins of your funds and move for an expedited hearing to unfreeze your accounts under CPLR § 1311.

This is general information only. Contact us for advice specific to your situation.

Keep in mind that the prosecutors in the state often have a large docket. As such, there can be little motivation to use what are essentially scarce resources on the filing of what is essentially a civil matter. While this is true, it is also true that prosecutors do choose to pursue this area of law. IF they do so in your case, it is important to have legal counsel on your side in New York. The bar for proof is high but it is not impossible to meet. Having skilled legal counsel at your side has many benefits as this process continues. It enables you to reduce the risk of such attempts in the first place and protects your existing fiscal assets.