When your cash is seized by the police, the experience can be daunting and confusing. Understanding the process and your rights can help navigate this challenging situation. Here’s a detailed look at what typically happens when your cash is seized by law enforcement:
Initial Seizure
Reason for Seizure: Police can seize cash if they suspect it is connected to illegal activities such as drug trafficking, money laundering, or other criminal enterprises. This is often done under the authority of civil asset forfeiture laws, which allow law enforcement to confiscate property suspected of being linked to criminal activity, even if the owner is not charged with a crime.
During the Seizure: The police may seize cash during traffic stops, at your home during a search, or even at airports. They will usually provide a receipt or inventory of the seized items. If no receipt is provided, it is crucial to request one, as this document is vital for any future claims or legal actions.
Legal Grounds and Justifications
Probable Cause: For the seizure to be legal, the police must have probable cause to believe that the cash is connected to illegal activity. Probable cause is a reasonable basis for believing that a crime may have been committed, which is a lower standard than the evidence required for a conviction. Common cash seizures also happen with Cash Seized by Customs, Cash Seized at Airport, Cash Seized by DEA.
Legal Basis: In the United States, civil asset forfeiture laws such as the Comprehensive Crime Control Act of 1984 give law enforcement agencies the authority to seize assets believed to be involved in criminal activity. These laws were initially aimed at combating organized crime and drug trafficking but have been criticized for potential abuse and lack of due process.
Post-Seizure Procedures
Notification: After the seizure, you should receive a notice informing you of the seizure and outlining your rights. This notice should include information on how to challenge the seizure and the deadlines for doing so.
Forfeiture Proceedings: The government may initiate civil forfeiture proceedings, where they must prove that the seized cash is connected to illegal activities. Unlike criminal cases, where guilt must be proven beyond a reasonable doubt, civil forfeiture only requires a preponderance of evidence, meaning it is more likely than not that the cash is linked to a crime.
Challenging the Seizure
Filing a Claim: To challenge the seizure, you must file a claim stating your ownership of the seized cash and your intent to contest the forfeiture. This claim must be filed within a specific timeframe, often within 30 days of receiving the seizure notice. Failing to file promptly can result in the permanent forfeiture of your cash.
Burden of Proof: In forfeiture proceedings, the burden of proof initially lies with the government to show that the cash is connected to criminal activity. If the government meets this burden, the onus may shift to you to prove that the cash is not connected to any illegal activity.
Legal Representation: Hiring an attorney experienced in asset forfeiture is crucial. They can help navigate the complex legal landscape, gather evidence to support your claim, and represent you in court.
Possible Outcomes
Return of Cash: If you successfully challenge the forfeiture, the court may order the return of your cash. This can happen if the court finds that the government failed to prove the cash was connected to illegal activities or if you provide convincing evidence that the cash was legally obtained.
Forfeiture: If the court rules in favor of the government, the cash will be permanently forfeited. The funds may be used to support law enforcement activities, which has been a point of controversy, as it can create a financial incentive for police to seize assets.
Settlement: In some cases, a settlement may be reached, where a portion of the cash is returned, and the rest is forfeited. Settlements can be a pragmatic resolution to avoid prolonged legal battles.
Rights and Considerations
Know Your Rights: It’s essential to understand your rights during and after the seizure. You have the right to be informed of the reason for the seizure, to receive a receipt for seized items, and to challenge the seizure in court.
Legal Limits and Protections: Some jurisdictions have implemented reforms to protect individuals from unjust seizures. For example, certain states in the U.S. require a criminal conviction before property can be permanently forfeited. These protections vary widely, so it’s important to be aware of the laws in your area.
Get Your Money Back Now
Money seizure lawyers at CashSeizureLaw.com are highly experienced will guide you in taking the right direction, then negotiate civil claim for return of money by drafting appropriate documents and then negotiating release of claim via administrative petitions in the United States District Court with United States Attorneys or petition via administrative proceeding. Legal work is pursuant to a written contingent fee agreement, and it costs nothing upfront to hire a money seizure attorney—payment is at the end of the case if successful.
If you are the victim of a bulk cash seizure there is no practice group more experienced than cash seizure attorney Geoffrey Nathan call 1-617-472-5775 now for your FREE consultation.