How Philadelphia Federal Drug Charges Can Lead to Asset Forfeiture

How Philadelphia Federal Drug Charges Can Lead to Asset Forfeiture

Getting charged with a federal drug crime in Philadelphia can be scary. The potential penalties are severe, including long prison sentences. But there’s another consequence that doesn’t get as much attention – the possibility of asset forfeiture.

Asset forfeiture allows the government to seize property connected to criminal activity. With federal drug charges, this often means cash, cars, homes, or other valuables can be taken by the feds. The property may be forfeited through civil or criminal proceedings.

Civil asset forfeiture happens when the government files a case against the property itself, not the owner. Criminal forfeiture occurs after a conviction, when the judge orders property connected to the crime to be forfeited as part of the sentence. Both types are used frequently in federal drug cases.

How Asset Forfeiture Works in Philadelphia Federal Drug Cases

There are a few ways asset forfeiture often happens in Philadelphia federal drug cases:

• Cash seizures – If agents seize cash during a drug bust, they may claim it was going to be used for drug trafficking. The burden is on the owner to prove it came from legal sources.
• Home seizures – Agents can seize homes where drugs were sold, stored, or manufactured. Forfeiting a primary residence is rarer, but possible if there is a strong connection to the crime.
• Vehicle seizures – Cars, trucks, boats, or planes used to transport drugs can be seized through civil or criminal forfeiture proceedings.
• Bank account seizures – If drug proceeds were deposited into bank accounts, the government can seize the money through forfeiture laws.

In many cases, the asset forfeiture process begins before criminal charges are even filed. DEA, FBI, or Homeland Security agents may start a civil forfeiture case after seizing property during an investigation.

How the Government Justifies Asset Forfeiture in Drug Cases

Asset forfeiture in drug cases is based on the legal theory that property used to commit or facilitate the crime is tainted by the criminal conduct. Since the property enabled the drug violation, the government claims it’s fair to take ownership of it.

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Law enforcement also argues that forfeiting assets is a powerful tool to disrupt drug trafficking enterprises. Seizing cash, homes, vehicles, and valuables hits criminals where it hurts – in their wallets and assets.

However, many critics say asset forfeiture has gone too far. They argue it violates property rights and due process in some cases. There are instances of abuse, with police seizing property from innocent owners or in disproportion to the offense.

Key Federal Drug Laws Allowing Asset Forfeiture

Most asset forfeiture in federal drug cases stems from two laws:

• Controlled Substances Act – This federal law prohibits drug trafficking and manufacturing. It allows cash, equipment, and real estate used to commit drug crimes to be criminally or civilly forfeited.
• Civil Asset Forfeiture Reform Act – Provides procedures for seizing property through civil asset forfeiture. Assets can be forfeited if connected to federal controlled substance violations.

In addition, the Department of Justice has policies directing federal agencies on asset forfeiture. The Asset Forfeiture Policy Manual provides guidelines for seizing property linked to drug crimes.

Fighting Asset Forfeiture in Philadelphia Federal Drug Cases

Having property seized through asset forfeiture can be challenging. But an experienced criminal defense lawyer can help protect your rights in several ways:

• Contesting civil forfeiture – In a civil case, we can file a claim demanding the government prove the asset was tied to criminal activity. This forces them to meet a higher burden of proof.
• Negotiating a settlement – It may be possible to negotiate a settlement allowing you to recover a portion of the assets seized.
• Arguing an exemption – Certain property is exempt from forfeiture, like primary residences in some cases. We can argue your assets qualify for an exemption.
• Raising constitutional arguments – If a seizure violated your constitutional rights, we can seek to have the property returned on those grounds.
• Providing evidence of legitimate income – We can supply financial records and other evidence to rebut government claims that assets came from drug proceeds.

In addition, experienced lawyers understand how to navigate the complex asset forfeiture process. We can ensure your rights are protected every step of the way.

The bottom line? With an aggressive legal strategy, many people are able to recover some or all of their property after federal drug seizures. Don’t assume you have to say goodbye to your assets forever.

The Importance of Skilled Legal Help

Asset forfeiture can have devastating financial consequences when you’re facing federal drug charges. The seizure of cash, cars, homes, bank accounts, or valuables can harm you and your family.

But you don’t have to accept the government taking your property without a fight. With an experienced federal drug crime lawyer on your side, you can work to protect your assets and livelihood.

If you’re under investigation or have been arrested for a federal drug crime in Philadelphia, it’s critical to get experienced legal representation right away. Don’t risk losing everything you’ve worked so hard for.

With an aggressive legal strategy, it may be possible to prevent seizures, recover seized property, or reach a favorable settlement. But you need a lawyer who knows how to successfully challenge asset forfeiture.

Contact us today for a free consultation. We’ll carefully review your case and discuss all your options for fighting back against asset forfeiture after federal drug charges.

With skilled legal help, you may be able to avoid or limit the financial damage. Don’t wait to get started protecting your rights and assets.

References

https://www.law.cornell.edu/uscode/text/21/881
https://www.law.cornell.edu/uscode/text/18/983
https://www.justice.gov/criminal-mlars/publications/asset-forfeiture-policy-manual-2022