Have you been subject to a government property seizure? Unless you have, then you might not even know what a property seizure is. Administrative seizure, as well as civil forfeiture proceedings, occurs when the government seizes control of your property because they believe it is somehow involved in a crime or criminal activity. Because authorities claim that the property or assets are associated with some kind of illegal activity they can take possession of it with very little recourse. In fact, when it to comes to these types of property seizures, government officials have a very small burden of proof before they can take control of your belongings. That means you could lose property without really even knowing why, as long as authorities claim to have a good reason for seizing it.
Fighting Unjust Property Seizure in Royal Oak
Those who have been subject to the civil forfeiture process or to administrative seizure wonder if there is anything they can do to stop the process, or to get their property back once it has been taken. Because the burden of proof is much lower for property seizures than many other types of crimes, the claimant is often left to prove that he or she actually has a right to have the property back. What’s more, even when it is determined that the property in question was not actually part of any criminal activity, it can often still be very difficult for the claimant to get his or her property back. If this sounds unfair to you, you are right. The government should not be able to arbitrarily confiscate people’s property without just cause. In addition, the court should not allow the confiscating authorities to keep the property in question when it is proven that it was not part of any criminal activity.
Common Reasons for Property Seizures
While government officials do carry out property seizures for many different reasons, there are certain types of criminal offenses more closely associated with these forfeitures. Some of the most common types of crimes that include property seizures are:
- Organized crime
- Money laundering
- Drug conspiracies
Helping You Get Your Property Returned
If authorities have seized your property unjustly then you have the right to seek to re-obtain that property. The government is required to notify you of a property seizure within 60 days of taking your property. After receiving notice you can file a claim to get it back. The government then has 90 days to begin a federal court proceeding, in the which the government will need to prove that the property was indeed used in an illegal transaction or obtained from an unlawful source. The most common defense by the claimant is to challenge authorities’ facts about seizing their property. If the government is unable to prove its case, then the forfeiture or seizure will not be accepted.
Let Our Royal Oak Property Seizure Lawyer Help You
Having your property unlawfully seized is not a pleasant situation to go through. One of the most damaging consequences of a civil forfeiture is that it gives the government the right to take all of a person’s assets, which can leave him or her helpless to pay for defense should there be a criminal trial. If you are facing a civil forfeiture or property seizure you can’t afford to be complacent. You need to act fast and contact the law Office of John Little, PLLC for reliable legal representation for your case. Don’t let the government take what rightfully belongs to you. Call us today at 248-865-3455, or contact us online.