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Tweet Asset forfeiture occurs when the government claims someone has profited from criminal activity. The government will then attempt to seize the proceeds of that criminal conduct.
However, law enforcement often seizes money and property well beyond what the law allows. Common scenarios include a person who was not involved in a crime yet has their property taken; or when there has been a minor crime, but there is substantial overreaching by the government in what they take from the person.
Below are answers to several of the questions I am often asked about government seizure and forfeiture. May law enforcement simply take my assets if they think I committed a crime?
No, the asset usually, cash, bank accounts, jewelry, real property, automobiles, etc… must be seized through the judicial process.
Arizona has laws that dictate specific procedures the government must follow to seize property. Then, the government has to prove in a civil, administrative or criminal proceeding that the asset was used to facilitate criminal activity i.
How are assets seized? Assets are seized by law enforcement incident to arrest, a search warrant, consent or with a seizure order. What type of assets can be seized? Obviously, this type of property does not cause many disputes.
Beyond contraband, the government may take alleged proceeds from criminal activity such as vehicles, houses, funds in bank accounts, cash, or an entire business enterprise.
After my property is seized, what happens to it? When an asset such as cash, a home, or a vehicle is seized by the government, it is stored in the same manner as evidence in a criminal case. Departmental reports are drafted indicating the identity of the property owner, an estimated value and a description of the asset.
Moreover, any liens are also recorded.
What law enforcement agencies are involved in seizures and forfeiture proceedings? State, Municipal and Federal law enforcement all regularly conduct seizure and forfeiture actions. Does law enforcement have to prove I committed a crime prior to seizing my assets?
Seizure and forfeiture proceedings are considered civil non-criminal matters. Thus, law enforcement need merely meet the civil standards to take property, and not the more stringent criminal standards.
The procedures for taking property are specified in Arizona Revised Statutes, Section Can you fight the forfeiture? Arizona law permits a person whose property has been seized to contest the government seizure.
Arizona law specifically provides that certain property is not subject to forfeiture. It is common that law enforcement fails to observe these statutory requirements when they take property. Thus, a person may be able to recover their property if the government did not observe these laws or follow the proper procedure.
In addition, many circumstances involve a property owner that has no relation to the alleged crime.
This person may not have been present at the time of the alleged crime, nor even had any knowledge of it i. In sum, the mere fact that property has been seized by law enforcement does not mean that it was a lawful taking.
If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact the Koplow Law Firm online or by phone at Civil forfeiture law provides financial incentives to law enforcement to seek and seize cash.
It allows the government to take property just by alleging that the money is suspected of being involved in a crime. Letter Term Definition; letter-# § cooperation provision: A statement in purchase agreements putting the seller and buyer on notice they are able to avoid profit reporting on the transaction and provides cooperation when a § exemption is intended on the sale or purchase of a property.
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SECTION Duties of drivers involved in accident resulting in death or personal injury; moving or removing vehicles. (A) The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible.
Business Law chp True and False. STUDY. PLAY. Law and "rule of law" are synonymous terms. The 14th Amendment to the Constitution recognizes that the law is enforces by taking a person's life, freedom, or the resources that he or she owns.
The person against whom a criminal charge is filed by the prosecution is called the defendant. What Is Criminal Forfeiture? Criminal forfeiture is the taking of personal property or real estate by the state due to its relationship to criminal activity.
Criminal forfeiture may be sought when the property is used in the commission of a criminal offense, or where the .