This page will discuss the asset forfeiture process within the court system. If you are facing asset forfeiture, this is information that can help you get your property back.
Once your property is seized by the state, you are entitled to a pretrial hearing. During this hearing, you may argue that the seizing of your assets was not valid. You have to make this claim at least 60 days before your trial is scheduled. In order to do so, you must file a motion with the court and the court will have to hear this motion within 30 days after you file the motion. The court can grant the motion if it determines one of two things:
1) that the State will ultimately rule in your favor and return your property to you; or
2) that the property has to be used in order to pay for an attorney to represent you in your case.
If you are involved in a forfeiture action, you have the right to a trial by jury. At this point, it is extremely beneficial to have a dedicated defense lawyer fighting for you. In order to get a jury to rule in your favor, you have to present the best possible case at court. You can best do this with a knowledgeable and passionate lawyer at your side. To learn more about the asset forfeiture process, contact our office.