ASSET FORFEITURE ATTORNEY
You may require an asset forfeiture attorney to get back your seized property, even if you were never charged or convicted. Here is what to do.
Asset Forfeiture Attorney Nationwide
Many people do not believe they will ever require an asset forfeiture attorney in San Francisco, as they can not conceive of an incident where the authorities wrongfully or unjustly seize their money or belongings. Even if you are a law-abiding citizen, and more so if you fall short of the two previously mentioned criteria, individuals often wrongly believe they can negotiate with law enforcement officers often to avoid asset confiscation.
What Is Asset Forfeiture?
Property forfeiture is the confiscation of a home, money, or other valuables by the United States Federal Government, the State of California, or another governmental entity when these assets are suspected of being either the earnings of criminal activity or instruments used in criminal activity.
Currently, asset forfeiture might occur regardless of whether a conviction ever happens. As an asset forfeiture attorney in San Francisco, the Law Office of Valery Nechay may be able to help you retain or regain your personal property.
Retaining a Forfeiture Lawyer to Reclaim Your Property
If you are suspected of a crime, you may require a forfeiture lawyer to ensure you keep possession of your property. Typically, the procedure begins with partial or whole confiscation of residential or commercial property. This can occur with or without a warrant, depending upon the scenario.
Although criminal and civil forfeit laws are different, both are predicated on the concept that the forfeitable properties were earned from or contributed to criminal activity. Since civil loss does not require a criminal conviction where a criminal forfeit does, the practice has been highly criticized as a constitutional infringement and a violation of personal property rights.
Some of the properties a criminal defense and asset forfeiture attorney in San Francisco can protect include the following:
- Investment Accounts
- Professional Licenses
- Real Estate
Where a criminal asset forfeiture is enforced for the property’s supposed inclusion or purchase from illegal means, the reasons for a civil asset forfeiture are a bit vaguer. This is why an attorney familiar with civil matters would be helpful.
Understanding Asset Forfeiture and Their Types
According to Federal law, there are three different types of asset forfeitures. Each type involves different scenarios due to which federal agencies have the right to seize one’s property without judicial involvement.
There are three types of asset forfeiture.
- Administrative Forfeiture
- Criminal Forfeiture
- Civil Forfeiture
What is Administrative Forfeiture?
Administrative forfeiture involves seizing properties without being involved in judicial proceedings. The specific types of properties include
- Importation prohibited merchandise.
- Transport, controlled substance, or a monetary instrument.
- Any other property under $500,000 in value.
What is Criminal Forfeiture?
Seizing a property as a result of a criminal offense charge or conviction is criminal forfeiture. It is an action against the defendant and requires a government order to forfeit the property.
What is Civil Asset Forfeiture?
Civil asset forfeiture is the act of property seizure from law enforcement agencies under forfeiture laws. The property seized by civil forfeiture actions is believed to be used for or involved in any sort of crime. That’s why law enforcement agents can seize it even if there is little evidence.
Unlike criminal forfeiture, where the government seizes property as per the criminal charges or as a part of one’s sentence after a conviction, civil forfeiture doesn’t look at the details – at first. That’s why many civil asset forfeiture cases are of innocent property owners.
Handing off your hard-earned money and being unable to take it back from the federal court is a tiring and shocking situation. However, having a civil asset forfeiture attorney who understands federal forfeiture statutes and knows how to move forward with civil forfeiture proceedings can help you a ton.
Thanks to advancement in asset forfeiture laws, an experienced civil asset forfeiture attorney with capabilities to represent facts from your bank accounts and give you the best legal advice can help you get back your hard-earned property without being worried about it.
Civil Asset Forfeiture California
There has been a growing trend where civil asset forfeiture California procedures are directed toward taking the incentive out of committing further criminal acts. Unfortunately, these proceedings often go too far. For example, the currency is often confiscated by Federal Agents at the airport or borders according to the following provisions:
- Title 31 U.S.C. 5316 regarding reports on exporting and/or importing monetary instruments
- Title 31, United States Code (U.S.C.) section 5317 regarding search and forfeiture of monetary instruments
- Title 31 U.S.C. 5332 is about bulk cash smuggling
An efficient asset forfeiture defense requires a skilled attorney with an understanding of the lengthy and intricate procedures and deadlines. The right asset forfeiture attorney in San Francisco will offer proper advice and thorough representation. Contact the Law Office of Valery Nechay today.
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