DEA Cash Seizures Legal Help | DEA Cash Seizure Lawyer

Getting your cash taken by the DEA can be a scary and confusing experience. You worked hard for your money, and to have the government swoop in and take it – without even charging you with a crime – seems crazy. But it happens more often than you might think – and when it happens, you need a DEA cash seizure attorney at the Federal Lawyers.

The DEA seized over $4 billion in cash from people between 2007 and 2016 through a practice called civil asset forfeiture. Here’s the scary part –  over 80% of the DEA cash seizures occurred without a criminal charge, or any conviction. Let’s dig into how this practice works, your rights in the situation, and defenses with the help of a lawyer.

How DEA Cash Seizures Work

The DEA has the ability to seize your cash, cars, homes, or other valuables if they believe the property is connected to criminal drug activity.

Here’s how it works:

• The DEA identifies “suspicious” cash or property. This can happen during any traffic stop, a airport screening,  DEA raid, or other encounters with the government. DEA cash seizures often target large of cash and assets, but legally the DEA can seize any amount or any assets.
• The DEA will start a civil (not criminal) forfeiture case against the assets. They don’t need to charge you with a crime, or get a conviction. The point is against your cash or property, not you – and as a result it makes it even harder.
• The burden of proof flips around. In DEA cash seizure cases, it’s up to you to prove the property is “innocent” – that it has no tie to criminal activity. Otherwise, the DEA can keep it forever.
• You have a short window to act. You typically have just 30-60 days to move forward on the forfeiture case yourself, or hire a DEA cash seizure lawyer to handle it. If you miss the deadline, you lose your right to fight back and get the property back.

As you can see, everything is setup to see you fail as the owner of the property. Very few cash seizure targets are able to navigate the legal process, and deadlines, without an attorney’s help.

Why You Need a Lawyer for Cash Seizures

Let’s look at some reasons why it’s important to have an attorney on your side if the DEA seizes your assets:

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• The law favors the DEA. Civil forfeiture laws give substantial leverage to law enforcement agencies and agents. Your attorney will know how to argue your rights and assert them.
• Mistakes can hurt you. Anything you say, or fail to say, or do, can be used against you later in the process. Your attorney prevents missteps.
• You have legal options. Options like filing a claim, or petition to get your property back, and requesting return of funds, for hardship aren’t obvious.
• The process is complicated. This is a complex legal process, there are deadlines and burdens of proof to petitions and claims. An attorney helps you manage each step.

Possible Defenses Against DEA Cash Seizures

If you have cash, assets, or property that were targeted for civil forfeiture, an experienced DEA cash seizure attorney will look at possible defenses to get it back. Here are some options:

Legal Scenario: What Would You Do?

Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

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

Innocent Owner Defense

This defense says you did nothing wrong, and had no knowledge of any criminal ties to the property. It’s a very tricky defense because the burden is on you to establish your innocence. Your attorney will gather evidence like financial records, titles, sworn statements, etc. to build your case and prove your point.