How Good Criminal Defense Can Help in Asset Forfeiture Cases in NYC

How Good Criminal Defense Can Help in Asset Forfeiture Cases in NYC

Having your assets seized by the government can be a scary and overwhelming experience. But with a good criminal defense lawyer on your side, you may be able to fight back and protect your property through legal means.

Asset forfeiture laws allow the government to take cash, cars, homes, and other assets that they suspect are connected to criminal activity. The tricky thing is that the government can seize assets without even charging someone with a crime! This means that innocent people can get caught up in forfeiture cases.

Luckily, New Yorkers have strong legal protections when it comes to asset forfeiture. But you need an experienced NYC defense lawyer to help you take advantage of these protections and get your property back.

How Asset Forfeiture Works in New York City

There are two main types of asset forfeiture cases in New York:

• Criminal forfeiture – When assets are seized after someone is convicted of a crime
• Civil forfeiture – When assets are seized before any criminal conviction

Criminal forfeiture happens less often, since it requires a conviction in court. Civil forfeiture is more common since the government can take action without proving guilt first.

In New York City, the NYPD and District Attorney’s office do most civil forfeitures. They have a special division, the Asset Forfeiture Unit, that handles these cases. This unit rakes in millions of dollars each year seizing property from New Yorkers.

Police and prosecutors have a financial incentive to pursue forfeitures agressively. Many states let law enforcement keep the assets they seize, so its a lucrative revenue stream. New York is not as bad as other states in this regard. But there is still money to be made.

Common Ways Assets Get Seized in NYC

There are many ways you can end up in asset forfeiture proceedings in New York City:

• Getting pulled over with a large amount of cash – The police may accuse you of transporting drug money
• Owning property where illegal activity happened – Like a home where drugs were sold
• Making bank deposits under $10,000 – To avoid IRS reporting requirements
• Having assets purchased with funds from criminal activity – Even if you did not know the source

Often times, the connection between the assets and criminal activity is weak. I’ve seen cases where someone’s car was seized simply because they were arrested on drug charges, even though the car had nothing to do with it.

The legal standard in civil forfeiture cases is also very low. The government only needs to show there is a “preponderence of evidence” linking the assets to a crime. Not proof beyond a reasonable doubt.

Why You Need a Lawyer to Fight Civil Forfeiture

Fighting back against unjust civil forfeiture is difficult without legal help. Here’s why:

• The laws are complex – Asset forfeiture involves complicated areas of criminal, constitutional, and civil law.
• The deck is stacked against you – Police and prosecutors have huge advantages in resources and experience.
• Mistakes can be costly – If you don’t respond properly to notices, you may lose assets automatically.
• You need leverage – Experienced lawyers know how to put pressure on the government and negotiate returns of property.

Don’t try to go it alone against the Asset Forfeiture Unit. Get an experienced NYC defense lawyer in your corner.

Key Legal Protections in New York

Although asset forfeiture laws generally favor the government, New York does have some protections for property owners:

• Burden of proof – In New York, once you challenge a civil forfeiture, the burden shifts to the government to prove the assets should be forfeited.
• Legal fees – If you win a civil forfeiture case, New York law allows you to recover legal costs from the government.
• Innocent owner – If you can show you did not know about criminal activity involving your property, you may be able to get it back.

A knowledgeable lawyer can ensure you take advantage of these protections. They will also look for any improper actions by police or prosecutors that could invalidate the forfeiture.

How a Lawyer Can Help Fight Civil Forfeiture

With an experienced criminal defense lawyer on your side, here are some of the ways they can help in a civil forfeiture case:

• File a claim demanding the return of your property
• Force the government to prove the legal basis for forfeiture
• Attack any weak links in the government’s case
• Raise constitutional arguments like due process violations
• Assert “innocent owner” and other defenses
• Negotiate returns of property through settlements
• Take the case to court if necessary and win on the merits

A good lawyer knows all the options for getting your assets back through legal procedures. They can advise you on the best strategy based on the specifics of your case.

How to Find the Right NYC Asset Forfeiture Lawyer

If you’re facing civil asset forfeiture in New York City, it’s crucial to find the right lawyer. Look for these key traits:

• Experience – Pick a lawyer experienced specifically in asset forfeiture defense, not just criminal law generally.
• Resources – Find a lawyer with the money and staff to take on the government’s armies of attorneys.
• Negotiation skills – Forfeiture cases often end in settlements, so you want a lawyer who can negotiate well.
• Courtroom skills – If your case goes to litigation, your lawyer needs to be able to argue well in court.

Don’t just go with any lawyer. You want someone who routinely handles asset forfeiture cases successfully.