One area of law enforcement that has become much more commonplace recently is the government’s strategy of seizing assets that they believe to be proceeds of criminal activity. For example, if drugs are found in the trunk of your car or in the cargo hold of your transport truck, they can seize the vehicle. If drugs are stored in your house, they can seize your house. If you have cash in the bank or investment accounts that the government claims must have been earned from illegal activity such as drug trafficking, they can seize your money also. This tactic is a very powerful tool, because it is designed to hurt the target where it really counts: in the pocketbook. If your assets are seized or frozen, then you cannot pay your mortgage, afford to hire a lawyer, or put up bail money.
Worse, once the state has seized or frozen the property, they will seek a court order forfeiting the property to the government; and the standard for such an application, in the case of a civil forfeiture, is lower than it is to prove the criminal case against you. In other words, you can win your case and still lose your assets!
The forfeiture provisions are complex and often misinterpreted or misunderstood. At The Defence Group, we have lawyers who worked on the government side of these cases, and have the knowledge and experience to defend them fully so that you can get your property back. We can also bring applications for interim orders for you to access funds to hire a lawyer or to pay your mortgage so that the bank does not foreclose on your house