Criminal Defense Lawyers

What is the burden of proof in a civil forfeiture case?

You’re just driving down the highway, minding your own business. Suddenly, you get pulled over. The officer claims you were speeding, or maybe they “smelled marijuana.” Before you know it, they’re searching your car1. And just like that, any cash or valuables you have on you are seized – gone, just like that. No charges, no conviction. Just civil forfeiture rearing its ugly head.So, what do you do if you get hit with one of these things? Take a deep breath. We’ve got your back.

What Exactly Is Civil Forfeiture?

Civil forfeiture is a legal process that allows law enforcement to seize assets they claim are connected to criminal activity4. The kicker? They can take your stuff without ever convicting, or even charging, you with a crime5.It works like this:

• Police suspect your property (cash, car, house, etc.) is tied to criminal activity
• They seize the property through civil forfeiture laws
• It’s up to you to prove your innocence to get it back

Seem backwards? It is. With civil forfeiture, you’re presumed guilty until proven innocent4. Your property is the “defendant,” not you5. So law enforcement can literally take a person’s property based on mere suspicion of wrongdoing.

The Shady Origins of This Practice

Civil forfeiture has been around for centuries, with roots in medieval English law4. Back then, they used it to take the property of pirates and smugglers at sea. When the U.S. was just a British colony, these laws carried over.Fast forward to today, and civil forfeiture has become a multi-billion dollar industry for law enforcement4. Thanks to programs like “equitable sharing,” police can keep up to 80% of the proceeds from seized property1.So you can see why there’s an incentive for abuse. Just look at the numbers:

• In 2014 alone, federal authorities seized over $5 billion in assets4
• From 2000-2019, annual revenue from civil forfeiture more than doubled4
• A 2020 study found the median cash forfeiture was just $1,3004

Basically, civil forfeiture has become a license to police for profit. And it’s happening on a massive scale.

How Police Justify Taking Your Stuff

Law enforcement will use all kinds of justifications for civil forfeiture, like:“We suspected this cash was going to be used for drug trafficking.”“This car was purchased with money from illegal activities.”“This house was used to store contraband.”But here’s the thing – they don’t actually have to prove any of that5. The mere suspicion that your property is connected to a crime is enough for them to seize it through civil forfeiture.And once your property is seized, the burden of proof is on you to get it back5. You have to prove your innocence in court, often at great personal expense. It’s a total reversal of how justice is supposed to work.

The Human Cost of Forfeiture Abuse

Civil forfeiture doesn’t just take people’s property – it can ruin lives. Just look at some of these real-life horror stories:

• A Massachusetts man had his entire life savings of $17,000 seized during a traffic stop, leaving him broke and unable to start his business4.
• In Philadelphia, the family home of a beloved retired transit worker was seized over his son’s $40 drug bust4.
• A Christian rock band had $53,000 seized after being pulled over for a minor traffic violation4.

These are just a few examples. Countless Americans have had their hard-earned cash, cars, homes and businesses taken through civil forfeiture – often when no crime was ever committed.It’s a practice ripe for abuse, and it happens way more often than you’d think. So what can you do to protect yourself?

How to Fight Back Against Civil Forfeiture

If your property gets seized through civil forfeiture, don’t just roll over and accept it. You have rights, and there are steps you can take:

1. Hire an experienced forfeiture attorney ASAP. They know the ins and outs of these cases and can advise you on the best legal strategy1. Don’t try to go it alone.
2. Gather all documentation on your assets. Things like bank statements, receipts, and ownership records can help prove your property was legally acquired.
3. Demand a prompt hearing. You’re entitled to a hearing soon after a seizure to argue for your property’s return5. Don’t let the government drag this out.
4. Challenge the basis for the seizure. Make them prove your property was actually tied to criminal activity beyond just suspicion1.
5. Negotiate a settlement if appropriate. Sometimes it’s better to accept a partial return of assets than risk losing everything at trial1. But have your lawyer review any deal first.
6. Be prepared to take it to court. If negotiations fail, you may have to file a civil claim to get your property back through litigation1. It’s an uphill battle, but winnable with the right legal team.

The key is acting quickly and not backing down. Far too many people just give up when their assets are seized. But with some fight, you can absolutely get your property back from the government’s greedy hands.

How to Avoid Civil Forfeiture in the First Place

Of course, your best bet is to avoid civil forfeiture entirely. While you can never eliminate the risk completely, there are some smart precautions:

• Never carry large amounts of cash, especially if traveling. Cash is a prime target for seizure.
• Keep meticulous records on your income, assets, and major purchases. Good documentation helps prove your property was legally acquired.
• Be polite but firm with police. Never consent to searches, but don’t be combative either. Assert your rights respectfully.
• Know your state’s forfeiture laws. Some states have stronger protections against abusive seizures than others.
• Speak up and stay involved. Many forfeiture reforms have come from public pressure. The more people fight back, the better.

At the end of the day, civil forfeiture is a rigged game where the deck is stacked against you. But that doesn’t mean you’re powerless. With the right knowledge and legal team in your corner, you can absolutely beat the system.

The Fight for Forfeiture Reform

While the road ahead is long, there is reason for hope. In recent years, a growing, bipartisan movement has pushed for civil forfeiture reform across the country:

• In 2014, the Institute for Justice launched its “End Forfeiture” initiative to abolish civil forfeiture laws2.
• By 2016, both the Republican and Democratic party platforms called for forfeiture reform2.
• Since 2014, over 350 editorials from major outlets have demanded changes to these laws2.
• Three states – North Carolina, New Mexico, and Maine – have abolished civil forfeiture entirely2.
• Many other states have passed laws increasing protections for property owners and raising the bar for seizures2.

Public pressure and media scrutiny are finally shining a light on this shady practice. But reform can’t stop there.

A Call to Action: End Policing for Profit

At its core, civil forfeiture incentivizes “policing for profit” over actual public safety4. As long as law enforcement can enrich themselves by taking people’s property, the abuses will continue.That’s why we must keep pushing for civil forfeiture to be abolished nationwide. It’s a fundamentally un-American practice that violates due process and private property rights.So get involved. Contact your elected representatives. Support organizations fighting forfeiture abuse. And if you or a loved one becomes a victim of civil forfeiture, don’t back down. Hire a lawyer and make them work to take what’s yours.Because in America, we’re supposed to be innocent until proven guilty. Not property-less until you can prove your innocence. It’s time we start living up to that ideal again.