We have been very successful in litigating these cases and we have been very successful in getting money and property returned to our clients because we take an aggressive approach in defending against property and cash seizures. So-called scientific tests the government uses such as the ion scan test or the dog sniff test can be challenged successfully.
How Do You Encourage Clients To Challenge The Seizures, And What Would Happen If They Did Not?
It would be crucial to hire a lawyer who understood the forfeiture laws and the civil procedure related to it and who also understood the scientific nature of the testing they would do on the money that was seized. If the person tried to do it on their own without understanding the civil procedure and forfeiture laws, there is an almost 100% likelihood the person will lose their property. The government made the process complex for a reason.
What Happens To Assets The Person Cannot Get Back?
This would depend on the police agency. Some of it would go to the county, whereas some would go to the state. Some of it would go to either the attorney general or the district attorney of the county and the police, depending on who seized it.
How Long Does It Take To Get Property And Cash Back That Was Seized?
The court process will take several months of fighting to get it back.
How Soon Can Someone Start Fighting To Get Their Cash Was Seized Back?
The person could either wait for a civil complaint to be filed against the property or they could hire an attorney to begin the process of having the property returned. It can sometimes take a while before they ever file the civil complaint and it is almost like they are just waiting people out to see whether or not they get a lawyer.
The civil procedure is very complex, and it is not something anyone should do on their own. There are certain deadlines, and the person might lose their money if they missed a deadline, even if they did not do anything wrong.
Can An Attorney Step In And Stop A Seizure That Is Going To Take Place?
People are never given advance notice of the seizure and the police just come and take it.
Why Would Someone Need An Attorney To Handle Their Civil Asset Forfeiture Case, And Why Is Your Firm Is Right Choice?
The person would need an attorney because an attorney would know the laws, the civil procedure rules, and the unwritten rules of the game. Furthermore, the attorneys at our law firm not only know the civil forfeiture laws, how to litigate those laws in court and the rules of civil procedure, but we also understand the science behind the test they use such as the ion scan and the dog sniff testing which are highly suspect testing. We even employ experts to challenge those tests in court in some cases.
Our firm goes beyond what most law firms do to fight to get seized cash and property back because we know the science and we know how to challenge the testing they use.
How Do You Defend Against Drug Dogs Sniff And Scientific Tests On Property Particularly Cash?
We would get the record for the dog handler or the records for the dogs, and we would get the records for the ion scan machine used. We would also get records of their procedures and we would know the science and sometimes we might even employ expert witnesses to provide testimony. We particularly try to keep out evidence of the ion scanning at all from any hearings for assets forfeiture.
For more information on What to do after Property Seizure, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling today.