Asset Forfeiture in Queens Drug Cases – How It Works and How to Fight It
Asset Forfeiture in Queens Drug Cases – How It Works and How to Fight It
Asset forfeiture is a legal process that allows law enforcement agencies to seize property, including cash, cars, and even real estate, that they allege is connected to criminal activity. In Queens, asset forfeiture is commonly used in drug cases, allowing agencies like the NYPD, the Queens District Attorney’s office, and federal agencies to seize assets from accused drug dealers and traffickers.
While the goal may be to disrupt criminal organizations by depriving them of ill-gotten gains, asset forfeiture can have serious consequences for property owners, even if they are never charged or convicted of a crime. That’s why it’s important to understand how asset forfeiture works in Queens drug cases, as well as the legal options for fighting back to reclaim your seized property.
How Asset Forfeiture Works in Queens Drug Cases
There are a few key things to know about how asset forfeiture works in Queens drug cases:
- Law enforcement can seize property based on probable cause: Police only need probable cause linking the property to criminal activity in order to seize it. This is a relatively low legal standard that does not require formal criminal charges or a conviction.
- Multiple agencies can be involved: Asset forfeiture cases often involve cooperation between agencies like the NYPD, the Queens DA’s office, federal law enforcement like the DEA or FBI, and even the New York State Police. Each agency can initiate forfeiture under its own legal authority.
- Cash and vehicles are commonly seized assets: While real estate can also be seized, cash and vehicles are the most common assets seized in Queens drug cases through forfeiture proceedings. Over $20 million in cash was seized in one recent large-scale Queens drug trafficking case.
- Most cases are uncontested: The vast majority of asset forfeiture cases are uncontested, meaning the property owner does not fight back and the agency gets to keep the seized asset. Contested cases must go through judicial proceedings.
- Agencies have a financial incentive: Asset forfeiture can be big business for law enforcement. Agencies can keep up to 80% of assets seized under federal law, which provides a potentially corrupting profit incentive.
Fighting Back Against Asset Forfeiture in Queens
If your property has been seized through asset forfeiture in a Queens drug case, fighting back to reclaim your property can be challenging but is critical for protecting your rights. Here is what you need to know:
- File a claim quickly: To contest a seizure in federal court, you must file a claim with the seizing agency within strict deadlines, usually no more than 30-60 days from receiving the forfeiture notice. This starts the legal process for reclaiming your property.
- Consider hiring a lawyer: Asset forfeiture cases can become complex legal proceedings. Connecting with an experienced Queens asset forfeiture lawyer gives you the best chance to successfully fight on your behalf.
- Assert your innocence: One of the most common defenses in forfeiture cases is to argue you are an “innocent owner” who was unaware of any underlying criminal activity involving your property. You must show you did not consent to or have knowledge of illegal activity.
- Point to dropped charges: If related criminal charges against you have been dismissed, use this to argue there is no legal basis for forfeiting property seized in the same case. The seizure becomes much harder to justify without an underlying conviction.
- Explore all legal defenses: In addition to innocence claims, several other legal defenses may apply including statute of limitations arguments, improper seizure arguments, or procedural violations by law enforcement.
Reclaiming forfeited property is an uphill battle, but far from impossible with an experienced legal advocate in your corner. Queens residents who have had property seized should explore all avenues for asserting their rights.
The Controversy Around Asset Forfeiture
While asset forfeiture can be an effective tool for combating drug trafficking and money laundering, its misuse has sparked growing controversy and bipartisan calls for reform from critics:
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.
Thank you team!
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.
Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.
I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.
Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
- Incentivizes seizures over justice: Critics argue the profit incentive leads agencies to focus on maximizing forfeiture revenue rather than impartial justice. There are documented cases of abuse motivated by financial gain.
- Circumvents criminal justice system: Unlike criminal forfeiture, civil asset forfeiture circumvents protections like the presumption of innocence and the beyond a reasonable doubt standard. For many, this undermines due process.
- Disproportionate impact: Low income and minority communities often feel the brunt of aggressive forfeiture practices. From traffic stops to airport searches, seizures can reinforce economic and racial inequality.
- Lack of transparency and oversight: Clear data on forfeiture practices, profits, and spending is lacking in many jurisdictions, raising accountability concerns about such an unrestricted revenue stream.
While asset forfeiture can undermine trust in law enforcement when misused, reasonable reforms could help restore confidence that seizures are motivated by justice not profit. This balance continues to be debated by legal experts and policymakers alike.
Resources for Queens Residents Facing Forfeiture
If you are from Queens and find yourself facing asset forfeiture proceedings, make use of the following resources to understand the process, assert your rights, and navigate the system:
Legal Help
Contesting Federal Forfeitures
NY State Laws and Resources
I hope this overview gives Queens residents facing asset forfeiture a helpful starting point for understanding the process and exploring ways to reclaim seized property. Contesting forfeiture is difficult but critical for protecting your constitutional rights. Please use the resources provided to connect with legal advocates who can advise you on the best path forward in your specific case.