What is a complaint for forfeiture? It is when the government tries to get the property or assets of the person or entity involved in a criminal activity. In most cases, a defendant will be charged with a crime, and if convicted, their assets are seized. The only way to get them back is to go through a civil forfeiture process in court. This is where a prosecutor will file a "complaint for forfeiture."
An asset forfeiture claim means that the government has seized a certain item or property because it is suspected of being involved in criminal activity. Some assets are exempt from this claim. If the person doesn't have the necessary funds in the bank, then there could be a valid reason for not having the item. If you are ever stopped on suspicion of tax evasion, or any other crimes, your rights can be restored by a motion to suppress. You can go to a court and have the strip searched, or your property can be auctioned off to pay for your legal costs.
The same can be said for civil cases involving Fourth Amendment violations. You can go to court and have searches conducted without probable cause, seizures made without consent, and property taken without just compensation. If you are ever stopped on suspicion of drunk driving, being caught with illegal drugs, or any other criminal charges, a motion to suppress can allow you to get those records thrown out. This can result in the loss of your driver's license, criminal fines, and even jail time.
Asset forfeiture refers to the process of detaining and then seizing the assets of someone who is suspected of committing or being involved in criminal activity. The idea behind asset forfeiture is to return property to its rightful owner, or pay off the debt of a person who is in debt to the government. Some common items involved in criminal activity include jewelry, large amounts of cash, vehicles, boats, planes, and more. These assets can sometimes be seized without having to go through a court case. Instead, law enforcement agencies can just seize the item itself under the power of a court order and then sell it at auction to pay the debt.
What is a complaint for forfeiture? A complaint is filed in a civil or criminal court case in which there is a claim that a defendant has engaged or is engaging in criminal activity. The claim must be filed within three years of the commission of the crime. Some common claims for forfeiture include: selling or giving away drugs; using a false identity to obtain a driver's license or benefits; money owed to a federal agency; failing to report profits made or theft of public property.
What is a counterclaim? When you're involved in a criminal matter and a claim for civil forfeiture is brought against you, one of the two things that could happen is a counterclaim. In other words, someone could bring a civil claim against you in hopes of getting compensation for the injuries or damage that you have suffered as a result of the crime. The claim would have a claim for the property that was used during the commission of the crime, as well as any actual monetary damages that resulted from the crime. Forfeiture cases are generally heard in federal court. The venue in which these cases are heard is generally the same as the venue in which civil cases are heard, the U.S. district court.
What is a plea bargain? Sometimes during a forfeiture case, the government will agree to take the case in lieu of going to trial. The amount you can ask to forfeit will depend on the severity of your crimes and the property involved. The government may also decide to try the case in criminal court, but the chances of this happening are very slim.
What is a complaint for forfeiture? If you are charged with a civil forfeiture case, then it is very important that you understand your rights and the procedures that must be followed in pursuing a guilty plea in exchange for a reduced amount of forfeiture. You should consult a criminal defense attorney before you even consider going to trial.
