Asset Forfeiture Defense: Defending Against Forfeitures
Asset forfeiture proceedings can arise when police and prosecutors suspect that certain property (like homes, vehicles, money, etc.):
- Was obtained through criminal activities or with money from such activities
- Was involved in the commission of a crime
Once asset forfeiture proceedings have been initiated by law enforcement, the person facing the threat of having their assets seized will also be responsible for proving that these assets weren’t obtained from or related to a crime. In other words, the burden of proof will be on the person facing asset forfeiture, and immediate action will be necessary to build the strongest possible defense. You can obtain knowledgeable asset forfeiture defense by working with our Montgomery and Birmingham asset forfeiture attorney at Joe Reed & Associates, LLC.
While these aspects of asset forfeiture can be overwhelming, the good news is that:
- There are various possible asset forfeiture defense arguments that can be used to protect a person’s property from seizure.
- Our asset forfeiture attorney, Joe Reed, has a record of success when it comes to defending people against asset forfeiture.
Asset Forfeiture Defense Strategies
The best asset forfeiture defense in any given case will depend on the specifics of the case, such as whether the person is facing criminal charges, whether the case is a civil or criminal proceeding, etc. The following are some of the arguments that, generally, can be effective at defending people against asset forfeitures:
- The innocent owner defense: Also referred to as an “affirmative defense,” this argument involves proving that the person whose assets were seized was not involved in or aware of the crime allegedly related to the property in question.
- The proportionality defense: Based on a person’s Eighth Amendment rights, this asset forfeiture defense strategy argues that seizing certain assets constitutes a “grossly disproportionate” fine or penalty because the value of the property seized is not proportionate to the crime or offense in question.
- The illegal search and seizure defense: Based on a person’s Fourth Amendment rights, this asset forfeiture defense involves arguing that law enforcement did not have the right to search for and/or seize certain property associated with a criminal case (because, for instance, they did not have a warrant or the warrant did not pertain to the property seized).
Given that these defense strategies put the burden of proof on the person facing forfeiture – and the fact that people usually have very little time to mount their defense (sometimes as little as 30 days), it’s crucial that people facing asset forfeiture start building their defense with an experienced lawyer as soon as possible.
Our Montgomery And Birmingham Asset Forfeiture Attorney At Joe Reed & Associates, LLC
If you have received notice that the authorities are planning to seize your assets, it’s time to contact attorney Reed. He is ready to aggressively defend you, your rights and your assets in any legal setting.
For more than 25 years, Mr. Reed has been dedicated to the pursuit of justice in every case he has overseen, and his experience, dedication and extensive knowledge of the law make him effective at helping our clients obtain the best possible outcomes for their cases.
Contact Us To Learn More About Your Rights
To discuss your case and learn more about your rights, call us at 334-834-2000 or email us using our contact form. Initial consultations are free in most cases, and evening and weekend appointments are available for your convenience.