Contraband Forfeitures
Protect your rights from contraband forfeitures.
What Contraband Forfeitures Are and How They Can Affect You
If the government is attempting to seize your property through contraband forfeiture, it’s crucial to understand your rights and options. This guide explains how to challenge such seizures and protect your property from being permanently taken.
What Are Contraband Forfeitures?
Contraband forfeitures are the government’s legal power to seize and retain property associated with criminal activity. This process operates through civil law rather than criminal conviction, meaning the government can take your assets even if you are never charged or convicted of a crime.
Moreover, forfeiture laws exist at both the federal and state levels, and they apply broadly to property used in or derived from illegal conduct.
Police seize property they believe is contraband or connected to drug crimes or other federal offenses. The government then files a forfeiture action against the property itself. You have the right to file a claim stating you own the property and want it back.
The government’s burden of proof in a forfeiture case is lower than in criminal court—they need only show by a “preponderance of the evidence” (more likely than not) that the property is connected to a crime. This civil standard, combined with aggressive forfeiture prosecutions, means that innocent people can lose significant assets without ever being found guilty of anything.
According to the US Department of Justice Asset Forfeiture Policy Manual, contraband includes items that are inherently illegal, such as illegal drugs, unregistered firearms, or smuggled goods. Once classified as contraband, you lose ownership rights; the government can seize and destroy such items without compensation.
The most frequently targeted assets include:
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Illegal Substances: Controlled drugs such as heroin, cocaine, methamphetamines, or prescription medications without valid prescriptions.
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Unlawful or Unregistered Firearms: Weapons that violate state or federal regulations.
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Smuggled and Stolen Property: Goods imported illegally or acquired through fraudulent means.
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Drug Paraphernalia: Equipment used to manufacture or distribute illegal substances.
Common Penalties and Consequences Associated with Contraband Forfeitures
Contraband forfeiture can hurt your finances, damage your reputation, and limit your future opportunities.
- Direct Loss of Property: The most immediate harm is simple: if the government completes the forfeiture, you may never get your property back, even if you are not convicted of a crime. This can include cash, cars, or other valuable items. In many cases, these items were legally owned and may be important for your job or your family’s daily needs.
- Financial Instability and Credit Damage: Losing a car, bank account, or home can seriously harm your finances. It can damage your credit. It may also affect your ability to support yourself and your family.
- Impact on Criminal Record and Sentencing: If your case leads to criminal charges, a forfeiture can affect what happens next. It may affect plea negotiations or result in a harsher sentence. It can also become part of your record.
- Reputation, Employment, and Professional Consequences: Even if you are never convicted of a crime, a forfeiture can still harm your reputation. Others may assume you did something wrong. Future employers, licensing boards, or lenders may view a forfeiture as a red flag. This can make it harder to get a job, keep a professional license, or secure a loan. In some cases, the effects can last for years.
How to Challenge Contraband Forfeitures and Protect Your Property Rights
Understand the steps you can take to challenge contraband forfeitures and safeguard your property rights effectively.
Filing a Claim
The claim is your foundation. It should be filed within the deadline set by law. It has to identify you, describe the property, and assert your legal interest. Explain why the property is not contraband. Provide specific facts, not just arguments. Without a proper claim, you cannot proceed.
Georgia’s forfeiture law, found in Georgia Uniform Civil Forfeiture Procedure Act (OCGA § 9-16-1 et seq.), creates different timelines. You have 30 days to file a claim demanding the return of your property or challenging the forfeiture. Missing this deadline can result in forfeiture by default.
We can help you prepare and file a strong, timely claim that clearly asserts your legal interest and presents the specific facts needed to move your case forward.
Motions to Suppress or Dismiss
After the government files its forfeiture complaint, you can file motions challenging the case. A motion to suppress challenges how the property was seized. If the seizure violated your constitutional rights—perhaps the officer had no legal reason to stop you—the motion asks the court to throw out the seizure and return the property.
We are prepared to file strategic motions to challenge the case and ask the court to return your property if your constitutional rights were violated.
Challenging the Government’s Probable Cause
We can demand that the government prove probable cause before trial. This happens through a motion practice or, in some cases, an evidentiary hearing. The government is required to present evidence showing the property is contraband or connected to a crime.
At this hearing, we cross-examine the government’s witnesses. Moreover, we can challenge their conclusions and present evidence to explain the property’s legitimate source or purpose.
Protecting Your Interests with Strickland Webster, LLC
If your property is at risk due to contraband forfeiture laws, it may be helpful to explore your legal options with an experienced attorney at Strickland Webster, LLC. Understanding the forfeiture process and potential steps to challenge the seizure can help you make informed decisions. Consulting with us can provide clarity on the next steps and help ensure your rights are considered throughout the process. Contact us today to schedule an initial consultation.
Frequently Asked Questions
1. Can the government keep my property without charging me with a crime?
Yes. Forfeiture is a civil case separate from any criminal charges. The government can forfeit property even if you’re never charged with a crime. This is because forfeiture targets the property itself, not you. However, the government still has to prove probable cause that the property is contraband or involved in a crime.
2. What types of property can be forfeited?
Nearly anything can be forfeited if the government claims it’s contraband or connected to a crime. Cash is common. Vehicles are frequently seized. Real estate can be forfeited. Equipment, tools, firearms, and electronics can all be targeted. Even partial interests in property can be forfeited.
3. What if I can’t afford to hire an attorney?
Forfeiture cases in federal court sometimes allow recovery of attorney fees if you win. If the government’s forfeiture action is found to be without substantial justification, you may recover the costs of defending against it. This means an attorney can sometimes work knowing that, if you win, the government will pay your legal fees.
4. How Long does a forfeiture case take?
Federal cases can take anywhere from several months to over a year, depending on the complexity and the number of motions filed. Simple cases with clear defects in the government’s claim move faster. Cases requiring professional testimony or extensive discovery take longer.
5. Can I get my property back if I’m convicted of a crime?
Being convicted of a crime doesn’t automatically mean the government keeps the property. You can still challenge the forfeiture in some cases, especially if you weren’t convicted of a crime directly involving the property. Courts recognize that forfeiture and conviction are separate legal matters.