As a citizen, you have a number of important rights, including protection against unlawful searches and seizures, as provided under the Fourth Amendment of the United States. This helps ensure the police cannot search your property and take assets unless certain conditions are met. However, many are unaware of a significant loophole – civil asset forfeiture. If you’ve had your assets taken by police and aren’t sure what you can do to get your property back, you’ll want to keep reading. This blog explores this controversial matter and why connecting with an Oklahoma City civil asset forfeiture lawyer is imperative during these challenging times.
What Is Civil Asset Forfeiture and What Property Can the Police Take?
When law enforcement has reason to believe that assets and property are connected to a crime they can simply and legally take the property, even if no charges are brought against the property’s owner. If the officer believes the asset was obtained illegally, used to commit a crime, intended to be used to commit a crime, or plays a significant role in a crime, they can take the assets. Unlike criminal forfeiture, which occurs when the owner is charged with a crime, civil asset forfeiture centers around the property itself, not the owner.
Law enforcement agencies can take practically anything if they suspect it’s somehow related to a crime. This includes large amounts of cash, cars, homes, bank accounts, electronics, weapons, and jewelry. For example, if you are driving home after a long day of fundraising for charity and have $5,000 in cash in your vehicle, a police officer who pulls you over may see the money and take it, believing that you obtained it through drug sales. Even if you have a spotless record and no indication that you’ve ever done drugs, your hard-earned money can be taken by the police based on nothing more than suspicion.
Is There Any Way to Recover Seized Assets?
Unfortunately, if you’ve had your assets seized by the police, getting your rightful property back can be incredibly challenging. It is imperative to connect with an experienced attorney if you’ve had your belongings taken, as they can guide you through the process of fighting for your rightful property back.
Typically, the first thing you’ll need to do is file a formal claim, which will then trigger several hearings. At these hearings, your attorney will represent you by offering evidence, questioning witnesses, and presenting arguments to help show that your assets were not involved in a crime and should be returned.
When you are the victim of this controversial practice, it is easy to feel as though there is nothing you can do. However, the team at the Jones Firm, PLLC will do everything in our power to help you regain your rightful property. Connect with us today to learn how we can assist you during these difficult times.
