In most cases, the government is confiscating money and property that it believes to have been used in or gained from a criminal act. Asset forfeiture was originally created as a way to make a financial impact on criminal organizations, but the laws have been frequently abused and people have lost their property unjustly.
If the government has seized or is threatening to seize your assets, get in touch with Adam Rodrigues Law today. You’ll get dedicated, personal attention from an attorney who has unique expertise in asset forfeiture and the laws that surround these cases.
Civil versus Criminal Asset Forfeiture
The main difference between these two forms of forfeiture is that only criminal forfeiture requires you to be convicted of a crime for the government to seize your assets. Civil forfeiture, on the other hand, can take place even if the government has not charged you with anything. As odd and unconstitutional as it sounds, for the purposes of civil asset forfeiture, your property is presumed guilty until proven innocent. It is therefore understandable that according to the Institute for Justice (IJ) from 1997 to 2013 only 13% of forfeiture proceeds came from criminal forfeiture Nashville.
The remaining 87% came from civil forfeiture, as it is simply a much easier way for the government to prevail on the confiscation of your property or money.
Civil Asset Forfeiture Nashville in Tennessee
Some states have abolished civil asset forfeiture because of the constitutional issues it raises. In a country built on due process and a fair trial, how can it be that someone’s property is presumed guilty until proven innocent? Unfortunately, civil asset forfeiture remains legal in Nashville
, Tennessee. In fact, as the institute for justice (IJ) reports, from 2009 to 2014 Tennessee averaged over $14 million in forfeited money and assets through civil asset forfeiture. For this and minimal limitations put on the granting of these funds to state law enforcement, the IJ has given Tennessee a grade of D-
for its civil asset forfeiture laws. In short, much change is needed in Tennessee to better protect the rights of its citizens from the abuses of civil forfeiture. In the meantime, if you have had your property or money wrongfully taken by law enforcement, reach out to us today to schedule a free consultation.
Criminal Asset Forfeiture
If you are in the situation where the government has seized your assets through criminal asset forfeiture nashville, reach out to us today.
Asset forfeiture is common in certain types of criminal cases, such as:
- Drug cases, particularly large-scale distribution and manufacturing crimes
- Cases that involve the illegal manufacturing, storage, and distribution of weapons
- White collar crimes, like investment fraud schemes
- Copyright and patent violations
- Terrorist activity
You have the right to contest criminal asset forfeiture through trial proceedings. If you wish to do so, you should consult with an asset forfeiture attorney and get the representation you need to navigate your situation.