Last Updated on: 13th March 2023, 01:25 pm

Protecting Your Property: Understanding Federal Civil Asset Forfeiture

Federal civil asset forfeiture is a tool used by the state to confiscate property believed to be connected to criminal activity. The goal of asset forfeiture is to disrupt criminal activity by seizing assets that benefit the criminal behavior of an organization or individual. As a nationwide law firm, Spodek Law Group and Attorney Todd Spodek are here to protect your property and defend your legal rights.

Types of Forfeiture

There are three types of forfeiture under federal law: criminal, civil judicial, and administrative. Criminal forfeiture happens as part of the criminal prosecution of an individual or organization accused of a federal crime. Civil judicial forfeiture is a legal tool that enables law enforcement to confiscate any property believed to have been involved in a crime, without requiring a criminal conviction. Administrative forfeiture occurs when property is seized, but there is no claim submitted to contest the seizure.

Using Forfeited Assets

Forfeited assets are used to support communities and law enforcement agencies across the country. Funds can be utilized to purchase equipment for 911 call centers, provide drug treatment facilities, and purchase bomb-sniffing dogs, among other uses.

Innocent Owner Defense

Unfortunately, innocent individuals and organizations can have their assets seized. The success rate of winning back assets is low, but a person or organization can try to prove they were not involved in any criminal activity and had no knowledge their asset was being utilized to facilitate a crime.

Equitable Sharing

The equitable sharing program allows local law enforcement officials to work with federal law enforcement to seize property using federal forfeiture laws. This program makes it possible for local law enforcement agencies to keep a portion of the proceeds when they seize assets using federal forfeiture laws.

Challenging Asset Forfeiture

If you are a victim of asset forfeiture, an experienced New York City criminal defense lawyer, like those at Spodek Law Group, can help. The government has the burden of proving, by a preponderance of the evidence, that the assets seized were used in specific illegal activities. The owners of the assets may succeed with an affirmative defense, proving the assets were used in criminal activity without their knowledge or permission.

Federal Civil Forfeiture Defense

Spodek Law Group is here to protect and defend your legal rights. With our extensive experience in state and federal cases, our firm knows how to defend you on multiple fronts, especially when your freedom and cherished possessions are at risk. Our skilled federal criminal defense attorneys will put in the hard work needed to achieve your desired case result.

If your property has been threatened by legal action, call us immediately for a free initial case consultation. You may also contact us through our online inquiry form. We are constantly available to help and fight for you or your loved one—anytime.

What Is Civil Judicial Forfeiture?

Civil judicial forfeiture is a legal action brought against property, rather than a person. This means that even though no charges may be pending against the owner of the property, the action against the property could lead to possible forfeiture. If you are facing civil forfeiture, it is essential to have an experienced legal team by your side to defend your property.

Federal Civil Forfeiture Defense

At Spodek Law Group, our experienced lawyers will do whatever it takes to defend your property and prove you are the lawful and rightful owner. We understand how stressful civil forfeiture can be and are committed to protecting you or your loved one against the seizure of your property and the many other related effects that allegations may cause. We will guide you on what you can do to protect your interests and take over other aspects of your defense required to fully protect you from invasions of your freedom and constitutional rights.

Challenging Asset Forfeiture

In many cases, challenging asset forfeiture is possible, and if successful, it may be possible to return half of the seized assets. However, it is extremely difficult to defend against the federal government’s attorneys and vast resources. With an experienced New York City criminal defense lawyer by your side, like those at Spodek Law Group, you can secure your properties, fight justly, and protect your rights.

Contact Us for Help

At Spodek Law Group, our extraordinary federal team has extensive experience working on state and federal cases. We know how to defend you on multiple fronts, and we are equipped and ready to work with you as you combat the seizure of your property. Contact us now and be connected to an entire team of skilled and knowledgeable lawyers and legal staff. With us, you don’t have to wait too long to secure a legal representative. Our attorneys are always available to battle for you. Let us protect your freedom and property.