Asset seizure is a form of confiscation by the state and applies to alleged proceeds related to criminal activity. The purpose of this confiscation is to disrupt any criminal activity that is funded by the assets. These assets can be in the form of cash, bank accounts, real estate, vehicles, jewelry or computers in your home. There are strategies to defend against asset forfeiture, and an experienced asset forfeiture attorney can assist in your defense.
Every case is different, and your defense should be built on the specifics of the charges against you. The most common asset forfeiture defense strategies are:
- Affirmative Defense: If a person’s assets were seized without the individual having knowledge of or being involved in criminal activity.
- Proportionality Defense: This defense uses the language of the Eighth Amendment to argue that the forfeiture is disproportionate to the alleged crime.
- Illegal Search and Seizure: Based on the Fourth Amendment, if law enforcement failed to obtain a warrant for the search or seizure of property, the forfeiture could be avoided.
The law provides a very small window of time to argue against asset forfeiture. In Georgia, you have thirty days from the day you received notice of the forfeiture. You must prepare a claim stating why your property should not be subject to seizure. This claim must be sent to the specific agency in charge of the seizure, as well as to the state District Attorney.
The laws surrounding asset forfeiture connected to a criminal proceeding are confusing and can lead to permanent loss of your property if you do not have experienced counsel on your side. Richard Grossman has years of experience concerning asset forfeiture and can help direct you in the best defense for your situation. For a free initial consultation, call us at (678) 358-6555 or contact us online to schedule an appointment.