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  #1  
Old 08-09-2020, 09:58 PM
Throwaway11 Throwaway11 is offline
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Default Forfeiture before being charged?

Just curious if anybody has had experience with forfeiture before being charged? Everything I have read civil forfeiture can happen before, during, or after being charged. Or it appears in a lot of cases no charges at all. I am more curious about real world results more than what I can read doing a google search.
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Old 08-10-2020, 03:43 AM
fbopnomore fbopnomore is offline
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One case I watched happen in the federal prison in Miami. My newly arrested cellie (drug charges) was talking with his lawyer about his case. The lawyer warned him that the US Attorney was notorious for seizing bank accounts, and property from folks so they wouldn't be able to defend themselves as the case progressed.

The inmate signed a mortgage document in favor of the lawyer, the lawyer filed it in court, and later found that they had been in a race with the AUSA who had tried to file a notice of seizure for his house. The first one there won the race.
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Old 08-10-2020, 11:19 AM
enigmaingr enigmaingr is offline
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Originally Posted by Throwaway11 View Post
Just curious if anybody has had experience with forfeiture before being charged? Everything I have read civil forfeiture can happen before, during, or after being charged. Or it appears in a lot of cases no charges at all. I am more curious about real world results more than what I can read doing a google search.
Depends on the jurisdiction (federal or state) and type of case. In Michigan, they can seize items and bring a successful forfeiture action premised on a drug crime conviction. In other words, unless you get charges dismissed or an acquittal, the seized assets go bye-bye. That is a recent, and improved, change to the law where before police would take things and there was mostly little that could be done about it. At least now, they need to convict you.
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Old 08-10-2020, 06:53 PM
RaeLR RaeLR is offline
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Sometimes the seized assets are gone even if you are never criminally charged. And then you have to pay for an attorney to get them back because it is considered a civil case. This is a horrible violation of constitutional rights and it being fought in courts at multiple levels. Some states have changed this policy because of suits.
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Old 08-11-2020, 04:54 PM
enigmaingr enigmaingr is offline
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Sometimes the seized assets are gone even if you are never criminally charged. And then you have to pay for an attorney to get them back because it is considered a civil case. This is a horrible violation of constitutional rights and it being fought in courts at multiple levels. Some states have changed this policy because of suits.
I would agree. Many police agencies have acted and banked on people not being able to effectively challenge the seizures. It can cost money and time, unfortunately; resources police know are often in short supply with vulnerable populations.
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