Forfeiture

When you have been charged with certain criminal offenses in Arizona, you may suffer forfeiture of your assets by the police. Some of these types of crimes can include drug charges, organized crime offenses and charges related to racketeering, which can include gambling, prostitution, robbery, extortion, arson, kidnapping and even murder. Although your property is not supposed to be forfeited unless you are convicted, many law enforcement officials will seize the property when you are arrested. The criminal offenses that result in property forfeiture can lead to officials seizing such valuables as jewelry, money, cars, homes, bank accounts and various other personal assets. The purpose of this law was originally to cover the expense of drug enforcement and racketeering activities, but has become abused by law enforcement. When your bank accounts and all of your assets are seized, it can become extremely difficult to pay your regular expenses, increasing the complications of such a case.

While administrative seizure and civil forfeiture are technically not criminal actions, they are intimately connected to criminal actions and often precede or accompany them. The government’s burden of proof in a forfeiture proceeding is much lower than in a criminal proceeding. Moreover, the burden of proof may even be shifted to the claimant, who must then prove he has a legitimate claim to the property. Because the government’s burden of proof is much lower than in a criminal proceeding, courts may hold that property is forfeited by illegal activity even when the government cannot raise enough evidence to obtain a criminal conviction. This practice is understandably controversial because it arguably amounts to a criminal punishment without the protections of a trial. Moreover, many argue that local governments and law enforcement profit handsomely from civil forfeitures and thus have an incentive to make unwarranted seizures. Nevertheless, our courts and elected officials permit these practices and have even expanded their reach.

Forfeiture law—both state and federal—is extremely complex and unfamiliar even to many seasoned lawyers. The forfeiture itself may rob an individual of his home, his cash or bank accounts, and literally everything he owns. Where criminal charges may be brought, a forfeiture challenge must be handled especially carefully to avoid unnecessarily damaging a future defense. Because of this, it is essential to have an experienced forfeiture attorney respond immediately to a forfeiture notice, both to seek the return of the property and to guard against future forfeiture issues.

We know how frustrating it is to have property taken away unnecessarily. That’s why we take every effort to help people who have been taken advantage of by Arizona’s extremely broad criminal and civil forfeiture laws.

Hiring an Experienced Criminal Attorney

Hiring a experienced and locally based criminal attorney is an important step in the criminal process. A Phoenix criminal lawyer should be hired within the week following an arrest. A skilled criminal attorney should have specialized knowledge and access to the resources necessary to competently defend you and successfully fight your criminal charges.

The criminal defense attorneys at Phoenix Criminal Lawyer are dedicated to providing the highest-quality defense available to our clients. It all starts with your free case review, where you can get a better idea of the legal road ahead. Contact us today to schedule your complimentary and private consultation with our superior criminal lawyers.