Huntington Asset Forfeiture Lawyer

Asset Forfeiture Attorney in Huntington, WV

No matter if you plan to spend the day leisurely walking through Ritter Park or enjoying the culture at the Huntington Museum of Art, being pulled over and having your car impounded under civil forfeiture can ruin your plans and leave you feeling vulnerable. When the government oversteps, a skilled Huntington, WV, asset forfeiture lawyer can help you reclaim your illegally seized assets.

Choose Asset Forfeiture Attorneys at Meadows Law PLLC

Both criminal and civil asset forfeitures are subject to numerous state and federal laws governing when assets can be seized. During civil forfeitures, the police and government are relying on you to feel powerless and allow the forfeiture to go unchallenged.

In a criminal forfeiture, only property used or obtained through criminal means is subject to forfeiture. A knowledgeable asset forfeiture attorney knows the appropriate asset forfeiture laws and whether they apply to your case.

When you hire an asset forfeiture lawyer from Meadows Law PLLC, you can benefit from our years of experience in litigation and protecting the rights and freedoms of those who risk losing them. We are ready to fight for you with precision and dedication, either through negotiations or the court system.

Creation and Use of Asset Forfeiture

Created in 1984 with the passing of the Comprehensive Crime Control Act, the Asset Forfeiture Program gives law enforcement agencies the ability to seize assets associated with a crime. Under this program, the U.S. Marshals Service (USMS) manages assets, including:

• Real estate
• Retail businesses
• Motor vehicles
• Boats
• Aircraft
• Jewelry
• Art and other collectables
• Antiques

To mitigate damages caused by criminal organizations, USMS manages the distribution of funds recovered through efficient, cost-effective asset forfeiture. State, local, and nonprofits receive funds through equitable sharing for community-based health and safety programs, including:

• Drug abuse treatment programs
• Drug crime prevention programs
• Drug education programs
• Housing
• Job skills training
• School resource officer programs
• Gun buy-back programs
• Youth programs

The Institute for Justice (IJ) has conducted research on asset forfeiture since 2000. Total forfeiture amounts collected include $23 billion from states that track forfeiture amounts and $46 billion from federal forfeitures. Of the federal money collected, one-fifth returned to the states through equitable sharing programs.

Criminal Forfeiture in West Virginia

Criminal asset forfeiture is the process of seizing property, assets, and illegal earnings gained through criminal activity after an individual has been convicted of a crime. Not all crimes automatically trigger asset forfeiture. Those that do include:

• Smuggling
• Tax evasion
• Hunting or fishing without a license
• Illegal gambling
• Illicit drug use
• Racketeering
• Money laundering
• Terrorism

Federal law also allows for the confiscation of property if an individual is convicted of a felony, including:

• Public corruption
• Violent crimes
• Drug trafficking
• Gun running
• Bank fraud
• Sex trafficking

Civil Forfeiture Abuse in West Virginia

Civil asset forfeiture laws were created with the hope of burdening criminal organizations by confiscating assets used to engage in criminal behavior. Unfortunately, civil asset forfeiture laws are often scrutinized for allowing police departments to target innocent civilians to profit from civil asset forfeiture cases. With a low burden of proof and high potential for reward, law enforcement agencies see civil asset forfeiture as a way to increase their budgets.

The IJ has accused police departments of targeting assets for profit since around 50% of proceeds obtained through civil asset forfeiture are retained by local police and prosecutors. Asset forfeiture generated $2.3 million in West Virginia in a span of eight years. Equitable sharing programs funneled an additional $70 million into West Virginia within the same time period.

Critics of asset forfeiture laws point to the low burden of proof used to seize assets and the disregard for “innocent until proven guilty” when victims have to prove the items were not used for illegal activities.

Critics also point to the work of the IJ, which has shown that areas with high rates of asset forfeitures do not have lower crime rates or decreased drug use. Additionally, the IJ found that rates of asset forfeiture increase when local economies are on the decline, further indicating that local law enforcement uses forfeiture as a tool to secure funding.

FAQs

What Types of Crimes Most Often Lead to Asset Forfeiture?

As asset forfeiture laws have evolved, three categories of crime have been defined by the federal government that most often lead to asset forfeiture. First, crimes that threaten government revenue interests. Second, public nuisance crimes. Third, crimes resulting in significant economic gains, even if those gains do not threaten government revenue interests.

What Are the Two Types of Asset Forfeiture?

The two types of asset forfeiture are criminal and civil forfeiture. Under criminal forfeiture, items used for criminal purposes or obtained from proceeds gained from criminal activities can be seized if the individual is indicted for a crime. Conversely, civil forfeiture allows for the seizure of property used to commit a crime even if the individual is not convicted.

Can You Fight Civil Asset Forfeiture in Huntington, West Virginia?

Yes, you can fight civil asset forfeiture in Huntington, West Virginia. You should receive a notice of seizure and be assigned a hearing date. In West Virginia, you have 30 days to file a claim and contest the forfeiture. The government bears the burden of proof that the items were used for criminal activity. If the burden of proof is met, you can present evidence that the items were not used for criminal activity or that you had no knowledge of their use for criminal activity.

What Is the Burden of Proof for Asset Forfeiture?

The burden of proof for an asset forfeiture case is a preponderance of the evidence. This is the lowest burden of proof used in court proceedings and means that the claims presented must be more likely to be true than not. In comparison, beyond a reasonable doubt is the highest standard and requires proof of guilt without a reasonable alternative.

Hire an Asset Forfeiture Lawyer

If you’ve had your assets unfairly seized through criminal or civil asset forfeiture, our skilled attorneys at Meadows Law PLLC can review your asset forfeiture case and discuss potential next steps. Contact us today for a confidential consultation.