NYC Asset Forfeiture Lawyers

According to New York law, a district attorney has the authority to forfeit any proceeds that come from criminal enterprises. In addition, the instrumentalities that involve the crime can be forfeited as well, which is why it is vital for an individual facing these charges to contact a forfeiture attorney who can protect his or her rights. In New York, the only real property that a state prosecutor has the authority to to forfeit is property that is directly involved in drug cases. Basically, a state prosecutor is not allowed to forfeit an individual’s home in New York. However, in the event a prosecutor is attempting to forfeit an individual’s property, a New York asset forfeiture lawyer can be of great assistance. When it comes to seizure attempts or forfeiture attempts, the law is in favor of the defendant, so it can be difficult for a prosecutor to get a conviction when an individual has an experience forfeiture attorney by their side.

New York law states that proceeds from these crimes refers to gains, which may include assets such as cash or physical property. With forfeiture cases, property is thought to be an instrumentality of crime. Instrumentality of crime refers to property or assets are that are used to carry out the crime. Some of these can be real estate, money, automobiles, and boats, that are being actively used by the individual facing charges. Many forfeiture attorneys feel that asset forfeiture is typically permanent with the exception of a few circumstances.

In the event forfeiture is pursued during a criminal case or a different civil case, forfeiture of assets proceedings can leave an individual destitute or financially damaged. If the court rules the defendant is guilty, he or she could have their investments, savings account, checking account, and other assets seized by the government and New York. The New York State Attorney General and the prosecuting attorney for New York City go after property with the goal that an individual will eventually comply with their requests for a plea bargain.

Forfeiture and New York Penal Law Code 480
The primary resource for the definition of criminal forfeiture can be found in the main criminal forfeiture statue, which is located in New York Penal Law Article 480. This section explains the conviction requirements for felony offenses as stated in article 220 of the law. However, unlike New York Penal Law Article 13-A and the rest of the federal forfeiture laws, Article 480 mandates that a higher standard of evidence be presented for a conviction. Other forfeiture statues only require that a prosecutor prove the defendant is guilty through evidence.

Another primary component of the main forfeiture statue can be found in New York OCCA of 1986. This section describes crimes that involve corruption. The OCCA explains both civil and criminal forfeiture. This includes Article 13-A’s solutions for criminal forfeiture cases. In addition, criminal OCCA forfeiture cases require that a prosecutor prove guilt beyond a reasonable doubt, which is just like the requirements in Article 480’s forfeiture solutions. Moreover, the statue also enables the a judge with the authority to gather his or her own findings as opposed to the jury. A judge has the authority to ignore a verdict in these cases, or they can also mandate limitations as they see fit. The criminal forfeiture statue is typically not used by prosecutor because under this federal guideline, a prosecutor may be required to provide the court with all discovery and work that is directly involved with the case.

In New York, misdemeanor offenses are protected under the state criminal forfeiture statue. In addition, the statue also provides protection to certain property that is related to non-drug felony charges. It is important to note that federal statues contrast New York statues. There are many situations where a district attorney will request the government seize property that was obtained from a misdemeanor offense.

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In New York, the only way that a prosecutor can request forfeiture is by including a forfeiture stipulation that acts is part of a plea bargain. With these circumstances, a district attorney is only able to gain forfeiture when he or she agrees not to pursue a civil lawsuit as stated in CPLR 13-A. When defendants refuse to take a plea offer, the district attorney will file another lawsuit in civil court against them, as there isn’t a general criminal forfeiture in New York.

Legal Scenario: What Would You Do?

Scenario

You receive a notice from the Manhattan District Attorney's office stating they intend to seize your vehicle and $47,000 in cash found during a traffic stop, claiming both are connected to alleged drug activity. You were never charged with a crime, yet the city is moving forward with a civil forfeiture action against your property.

Can the government really take my car and cash even if I was never convicted or even charged with a crime?

Attorney's Answer

Under New York CPLR Article 13-A, the government can pursue civil asset forfeiture independently of any criminal prosecution, meaning they can attempt to seize your property even without filing charges against you. However, the burden of proof falls on the prosecution to establish by a preponderance of the evidence that your property constitutes the proceeds or instrumentality of a crime. A skilled NYC forfeiture attorney can challenge the seizure by filing a claim and demanding a retention hearing under CPLR § 1311, forcing the DA to justify holding your assets. Additionally, recent reforms in New York have strengthened property owners' rights, and if the forfeiture action is not commenced within a specific timeframe or the government fails to meet its burden, your property must be returned to you.

This is general information only. Contact us for advice specific to your situation.

If you are in need of a forfeiture attorney in New York City, it is imperative to seek services from an attorney with knowledge and experience in forfeiture cases. The first step to increasing the chances of a successful outcome is enlisting the help of a skilled forfeiture lawyer. Protecting your assets is vital, so it is important that you have a forfeiture lawyer who understands how to effectively proceed in these cases.