Types of Asset Forfeiture

Regardless of the type of asset forfeiture case you are facing, you can trust our Montgomery and Birmingham asset forfeiture lawyers to aggressively defend you and your property.

Regardless of the type of asset forfeiture case you are facing, you can trust our Montgomery and Birmingham asset forfeiture lawyers to aggressively defend you and your property.

When the authorities take action to try to seize a person’s property, the ensuing asset forfeiture proceedings can take many forms, depending on the type of asset forfeiture that has been initiated. Here’s a general overview of the types of asset forfeiture that can be initiated by the federal government:

  • Criminal asset forfeiture cases – These are usually initiated as part of criminal cases, such as those that may involve charges of embezzlement, fraud, drug crimes, etc. Pursing criminal asset forfeiture cases typically means that:
    • The property in question is suspected to have been used in or obtained from the proceeds of a crime.
    • There will be additional criminal charges filed against the accused.
    • There will be another phase of the trial (a hearing) after the verdict has been rendered to determine the outcome of the asset forfeiture case (if the criminal case isn’t resolved through a plea deal prior to trial).
  • Civil asset forfeiture cases – With these cases, no criminal charges have to be filed against the person facing the threat of asset forfeiture. Instead, the authorities will be taking action against the property, as they will be alleging that the property has been linked to illegal activities.With civil asset forfeiture cases, it’s usually up to the person facing forfeiture to prove that the property in question was not related to a crime and that it, instead, came from a legitimate, legal source. It’s generally easier for the authorities to seize assets through these types of proceedings because they don’t have to deal with a criminal case (and stricter burdens of proof); therefore, these types of asset forfeitures are far more common that their criminal counterparts.
  • Administrative asset forfeiture cases – These types of asset forfeitures are a specific form of civil proceedings in which a government agency doesn’t have to deal with a court proceeding. Instead, these cases are handled internally. Agencies like the IRS, the DEA, the FBI and the ATF commonly are involved in administrative asset forfeiture cases.Because these types of asset forfeitures can cut down on agencies having to deal with the courts:
    • They are the most common types of asset forfeiture cases, accounting for nearly 80 percent of all federal forfeiture cases.
    • They can be especially challenging for individuals whose rights to due process may be affected.

Property That Can Be Targeted by Asset Forfeiture

Although any property that law enforcement suspects is related to criminal activities can be subject to asset forfeiture, some of the most common targets of these proceedings include:

  • Homes and real estate
  • Motor vehicles and watercraft
  • Cash, bank accounts and stocks
  • Jewelry and art
  • Computers and other electronic equipment.

Montgomery and Birmingham Asset Forfeiture Attorneys at Joe M. Reed & Associates, LLC

If you have received notice that your property has been targeted for asset forfeiture, don’t make the mistake of waiting or trying to deal with the authorities yourself. Instead, contact the Montgomery and Birmingham asset forfeiture lawyers at Joe M. Reed & Associates LLC. We are ready to aggressively defend you, your rights and your assets in any legal setting.

For more than 16 years, we have been dedicated to the pursuit of justice in every case we oversee, and our experience, dedication and extensive knowledge of the law make us effective at helping our clients obtain the best possible resolutions to their cases.

The bottom line is that we are dedicated, determined and dependable. This has been the cornerstone of our success and will be pivotal in getting you the best possible results for your case.

Contact Us Today

You can set up an initial consult to learn more about your rights by calling (334) 834-2000 or by emailing us via the contact form on this page. Initial consultations are free in most cases, and evening and weekend appointments are available for your convenience.