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  • Once the government has actually seized your property,

  • there's many defenses that you can use.

  • Number one are going to be procedural grounds.

  • Congress and our State legislatures

  • have put into place certain procedures

  • that the government must follow in order

  • to properly forfeit property that has been

  • seized from private citizens.

  • Now, there is a difference between a seizure

  • and a forfeiture.

  • The seizure is related to the actual taking of the property.

  • But it doesn't go to show whether or not

  • the government can keep it.

  • So the forfeiture is a process of which the government proves

  • that not only did they lawfully seize something,

  • that they're lawfully entitled to keep that seized property.

  • That's where we come in.

  • Congress has put in procedures to make sure

  • that your rights aren't being violated,

  • both in the seizure and the forfeiture.

  • The government must follow specific procedures,

  • including filings of complaints and notice requirements.

  • If they fail to do these things, then the person

  • that they actually seized the property from

  • has a grounds to get the property back.

  • An experienced asset forfeiture attorney

  • will be able to look at the facts

  • and challenge the procedures in which the authorities have

  • actually seized and are attempting

  • to forfeit your property.

  • In addition to those procedural grounds,

  • you're going to have various defenses that you can use.

  • These offenses include the innocent owner defense.

  • This defense rests upon the premise

  • that you had no idea that your property was being

  • used for illegal activities.

  • Or as a recipient of these funds,

  • you didn't realize they were coming from illicit sources.

  • For instance, what if you are a property owner.

  • You own a house, you rent it out to some people

  • that you think are trustworthy.

  • And a few months down the line, a federal agency

  • comes in and knocks the door down,

  • and seizes the property because it's being

  • used to manufacture drugs.

  • Now you as the owner of this home

  • had no idea that it'd be used for this specific purpose.

  • So we can come in and fight the government using

  • the innocent owner defense, and get this property returned back

  • to you.

  • Another way to challenge an asset forfeiture action

  • is to defeat the underlying criminal charge.

  • For example, if you're charged with embezzlement,

  • if we can show in court that you did not

  • embezzle any of the funds, then the government

  • has no right to seize any funds or property

  • that they consider related to that embezzlement charge.

  • That's why it's so important to hire an attorney who is well

  • versed in both the criminal and the civil aspect

  • of these forfeitures.

  • There's a possibility that you can

  • defeat underlying criminal charges

  • but still lose your property under the civil forfeiture

  • statutes and laws.

  • Here at the Shouse Law Group, not only

  • are we criminal defense attorneys,

  • but we are also experienced asset forfeiture attorneys

  • that can handle both aspects of the case at the same time.

  • Call us today for a free consultation,

  • and we'll see what we can do to not only fight the underlying

  • charges, but to get your property back.

Once the government has actually seized your property,

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カリフォルニア州の法律:あなたの財産を没収することから政府を停止します。 (California law: stop the government from forfeiting your property)

  • 25 3
    Amy.Lin に公開 2021 年 01 月 14 日
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