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Court Process
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Court Process
If you have been charged with a crime, you might face asset forfeiture by the state. If this is the case, it is important to make sure that the state does not confiscate something that they are not supposed to. To learn more about asset forfeiture, read on. If you are facing asset forfeiture, this page contains information that can help you get your property back.
Asset Forfeiture
Asset forfeiture generally happens when the police suspect that you have used certain resources to commit a crime. Instruments used in the crime or stolen property can be confiscated by the state. This process is known as asset forfeiture. However, sometimes the police confiscate assets that were not part of a crime. If this is the case for your situation, you can defend yourself in a pretrial hearing.
Pretrial Hearing
Once your property is seized by the state, you are entitled to a pretrial hearing. During this hearing, you may argue that the seizing of your assets was not valid. You have to make this claim at least 60 days before your trial is scheduled. In order to do so, you must file a motion with the court and the court will have to hear this motion within 30 days after you file the motion. The court can grant the motion if it determines one of two things:
- That the state will ultimately rule in your favor and return your property to you; or
- That the property has to be used in order to pay for an attorney to represent you in your case.
Trial
If you are involved in a forfeiture action, you have the right to a trial by jury. At this point, it is extremely beneficial to have a dedicated defense lawyer fighting for you. In order to get a jury to rule in your favor, you have to present the best possible case at court. You can best do this with a knowledgeable and passionate lawyer at your side. To learn more about the asset forfeiture process, contact our office.
Getting Help
If you have an asset forfeiture issue, you should contact a criminal defense attorney for help. A lawyer can review your case with you and help defend your situation. If you would like to talk to one of our lawyers, we are happy to help in your situation.
