Few people know that the government can do that which they forbid its citizens. The proper term for one of these is civil forfeiture, a questionable legal process that allows the government to take your property if they think it serves an illegal purpose. Can you fight to get back your property?
Understanding the civil forfeiture and seizure law
Examples of items seized by police
Police departments can take private property as long as they have information about criminal activity. Some everyday items that they take include the following:
- Real estate property like a home or business premise
- Search and seizure of cash and bank accounts
- Personal items like jewelry
The good news is that you always have the right to fight for your property and should contact trusted civil asset forfeiture lawyers for knowledgeable intervention as soon as possible.
Steps to take
The only way to get your property back is to file a claim that demands the judicial system take court action to investigate the case and contest the seizure. The tricky bit about this is that the federal agency that took your property has a little bit of protection because they encourage filing a petition for mitigation or remission. The problem with this is that the ruling will assume the civil forfeiture was legal and valid, stipulating that you indeed deserved to lose your property.
What can you do?
Most people feel scared to go against the government and never think they will get the due justice. Speak with a civil forfeiture attorney in Iowa who knows all the loopholes of these claims, procedures, and deadlines and will follow through to handle the following critical elements:
- Dispute that your property is part of criminal activity
- Discover all the violations that took part in the seizure so you can get your property back
- Negate false testimony such as proof of narcotics even if the officers did not use a trained narcotics dog or other means to establish evidence
- Provide proof that law enforcement officers caused harm as they harassed you during the seize
- Beat the incredibly high standard of remission cases
- Offer enough evidence that you have the proper documentation to authorize a return of the property
- Prove that you were not aware of the seizure, which often tips the scale for your property to be returned
- Prove that they took more than the property associated with the alleged criminal activity
- Prove that the property in question is essential for everyday activities like taking your children to school or completing chores around the home
The above are only ways we can reverse or completely stop civil forfeiture from happening. Do not worry if the government wrongfully confiscates your assets because there are rules and procedures in place for you to get them all back. Bret W. Schmidt provides free consultation to candidates in this predicament. Our international airport attorneys make every effort to answer the concerns within our area of expertise and will be glad to contact us online or call 214-526-1100 to book an appointment.