Many people ask, "Is Asset Forfeiture constitutional?" When people are hit with drug charges, they often question their options in a criminal trial. They may wonder if they can be convicted for "spreading drugs," or for simple possession of marijuana. Drug possession is not considered a criminal offense under Arizona law. "Procedural Due Process" is the standard applied to criminal trials in Arizona. This means that all persons accused of crime must have a "fair opportunity of a fair hearing and effective defense."
Asset forfeiture lawyers, on the other hand, follow a different rule. They are concerned that persons may be convicted of crime, yet be unable to afford the legal costs required to fight the charges. Under Arizona law, a person becomes liable for forfeiture only if it is found that he has committed or is about to commit an "inalienable crime." This includes crimes such as murder, rape, conspiracy, theft, embezzlement, theft with intent to steal, vandalism, or an unrelated crime.
This can be a very scary thought for many people. When we are facing a criminal charge, it is easy to think that our lives are in bad legal situation. However, we need to remember that we are innocent until proven guilty. Asset forfeiture lawyers are there to protect our rights. To ensure a just and fair trial, it is important to choose a criminal defense attorney who practices within the guidelines of Arizona law. There are several guidelines you should follow to ensure that you get the very best defense available.
There are two primary factors you need to consider when choosing an Arizona criminal forfeiture lawyer to represent you: reputation and results. You don't want to work with a law firm or attorney who is unknown or whose work ethic you have reason to question. Reputable Arizona asset forfeiture lawyers will have a strong track record of winning most cases. They will also have a good reputation with the judges and juries.
When investigating potential criminal asset forfeiture law firms or attorneys to work with, ask about their track record and results. You should find out what type of cases they have won and how much they have lost. Ask how many cases they have won on more than one occasion? It is also important to find out how many cases they have won on a less than ideal basis.
Another factor to consider is how much the attorney fees will be. Some asset forfeiture laws are extremely complex and you may not be able to avoid hiring a lawyer if you can afford to do so. In Arizona civil asset forfeiture laws are fairly straightforward. The most complex areas of law are found in the criminal justice system, which means that if you choose an Arizona criminal attorney you will need one with experience in this area.
You will also need to find out what happens when your attorney refuses to work with you or obtains an unreasonable fee. The law says that you have the right to receive legal advice from any lawyer. If the attorney does not respond to you timely, then it is not valid law practice. Furthermore, if the case is not pursued to the end, you will not lose any property seized as part of the civil asset forfeiture process. In Arizona, if an attorney does not respond to your requests for information within seven days, you may be entitled to compensation for ineffective representation.
Even if the law seems complicated and you do not feel confident in your ability to navigate it, hiring a competent Arizona criminal defense attorney should not cost you anything. Hiring an Arizona criminal defense attorney who does not have enough knowledge about criminal law may not adequately defend you. An Arizona criminal lawyer can make the process much easier by keeping you informed and making sure that you understand every issue. If you are guilty of a crime, you should not be held accountable unless you hire an Arizona criminal attorney who can help you achieve an effective outcome.
