Understanding Asset Forfeiture: Protecting Your Hard-Earned Assets
Imagine being pulled over for a minor traffic violation, only to have your hard-earned cash seized by the police. It may sound like an injustice, but it’s a reality for many individuals who fall victim to asset forfeiture in Tulsa. Asset forfeiture has become a common tool used by law enforcement, but it can feel like legalized highway robbery or a violation of constitutional rights.
In Oklahoma, seized assets often contribute to county prosecutors’ budgets, creating an incentive for abuses. Even when the process is carried out according to the law, individuals find themselves labeled as “claimants” and are forced to prove their rights to their own money. It’s a daunting task that requires overcoming the state’s efforts to show that the assets were acquired unlawfully.
These stories of asset forfeiture often feature innocent individuals who are traveling to buy or sell a vehicle, only to have their cash confiscated during a routine traffic stop. The police may ask pointed questions about the purpose of the trip and whether there is any cash in the vehicle. Unfortunately, even when presented with evidence of the legitimate source of the funds, the police may refuse to return the seized money.
Time is Money
In some cases, the police can hold the seized assets for up to a year without filing any legal documents that would allow the rightful owner to claim them. If no one steps forward to make a claim, the seized assets can be appropriated by prosecutors and shared with law enforcement.
What makes asset forfeiture even more problematic is that many cases never result in criminal charges. However, the fear of facing wrongful criminal prosecution often discourages individuals from attempting to reclaim their assets. This creates an opportunity for law enforcement to extort individuals by offering out-of-court cash settlements, where the seized funds are forfeited under the threat of criminal prosecution.
Protecting Your Rights and Recovering Your Assets
Despite the challenges posed by asset forfeiture, individuals have legal rights when their assets are seized. While the system may seem stacked against the average citizen, there are protections in place that can help you reclaim your property.
The Supreme Court has recognized that civil forfeiture does not constitute double jeopardy but can be a violation of due process or an excessive fine. Additionally, state and federal laws outline the procedures that must be followed when seizing cash or property.
When your assets are seized outside of a criminal proceeding, you’ll need to go to civil court to recover your property. Having a Tulsa asset forfeiture lawyer by your side can greatly increase your chances of success in civil court. Unlike criminal matters, you are not automatically provided with an attorney if you can’t afford one. However, some laws allow claimants to ask the court to release a portion of the seized funds to cover legal costs.
If you are the target of a pending asset forfeiture, it’s crucial to seek the assistance of a Tulsa asset forfeiture lawyer. They can guide you through the complex legal process, help gather evidence to support your claim, and fight for the return of your hard-earned assets.
Call for a Free Consultation
If you find yourself facing asset forfeiture, don’t hesitate to reach out to a Tulsa asset forfeiture lawyer for help. They can provide you with a low-cost consultation to discuss your case and explore your options for recovering your assets. The call is free, and there’s no obligation.
To schedule a low-cost consultation with a Tulsa lawyer, call 918-932-2777 today. Protect your rights and fight for the return of your property with the support of an experienced legal professional.