What assets can be seized in forfeiture? Any item used as the proceeds of crime is subject to seizure and forfeiture. It is not necessary that goods are actually taken as the proceeds. The word "seizure" indicates that items have been taken but the proceeds are not. In other words, the accused cannot simply keep on using the goods seized as the proceeds of crime.
Seizing an individual's home, vehicle or any other item can be done if it is found during a criminal investigation. Seizures can even be made where criminal charges are pending. Criminal investigations can involve searching a person's home or workplace. There are many ways of seizing criminal assets or any other item used as part of criminal activity.
The "seizure" occurs after a judicial proceeding to determine if there is probable cause to believe that a person is involved in criminal activity. Probable cause refers to evidence that supports the suspicions that a person may have. In a forfeiture case, a party that is suspected of crime can be seized. A party that is reasonably suspected of criminal activity does not necessarily have to be charged with crime in order for there to be a seizure.
Many times, law enforcement agencies will engage in civil forfeiture. This is where they seize property because a party claims that it is guilty of criminal activity. There are certain requirements that must be met before an individual's property can be seized. These requirements can vary from state to state and county to county. The individual who is accused of the criminal offense is usually required to post a bond or guarantee to pay a fine if they are found guilty.
In some instances, a defendant can be seized even if they are not guilty of the crime. A defendant that is facing a criminal conviction may face jail time. If the crime they are accused of is a serious one, jail time may be a possibility. It can be easier for law enforcement agencies to seize property under federal criminal case than it is in a state or county criminal case.
Assets that can be seized can also include any drugs that are found during a drug search or drug bust. In a forfeiture case, any drugs that are seized are treated as evidence of the crime committed. However, it is not just any evidence that will be seized. Some drugs such as marijuana and cocaine are actually Schedule II drugs. They are considered to be controlled substances and are against both state and federal law.
Property that is forfeited can also include any real property that was used during the commission of the crime. This includes anything that can be bought or used as money such as a credit card or a debit card. If a crime is committed and drugs are seized, then the property that was used as the criminal's getaway vehicle could be taken. This can include cars, boats, planes, luxury vacations or anything else of value that was worth something to the person who committed the crime.
Any assets that have been forfeited are not necessarily taken away directly by the law enforcement agencies. Instead, the money earned from seizures is given to the state or the local government agencies that helped to apprehend the suspect. This could mean Medicaid or other medical assistance. The money earned from drug-related forfeitures is also given to state and local public defenders.
Seizures are only one method of getting property back. If the suspect in criminal activity has left the scene before his or her property is forfeited, then the police can use a civil forfeiture order to seize it. A civil order is similar to an arrest warrant. It gives the police the right to take the property into custody and try to return it to the owner. If no one shows up to reclaim it, then the police can place it on the auction block.
Another way to get property back through forfeiture is through excessive fines. The U.S. Supreme Court has ruled that police can seize people's money in connection with criminal activity if there is proof that the money was acquired illegally. However, they do not have to prove that the money came from an illegal act. An amount that exceeds the state's excess fees may be seized.
Seized vehicles are one of the most common items that are taken through this method. The seizures start at the state level and work their way up to the federal level. This means that the person who owns the car, boat, plane, truck or bus may end up with his or her car and boat taken without him or her ever being charged with a crime. The owner might have never been charged with criminal activity, but the police can still come after him for the remaining cost of the vehicle. If the owner's vehicle is more than 15 years old, then he might have to go to jail in order to be able to get his car back.
