Asset Forfeiture, Criminal Lawyer Phoenix

In recent years, the State of Arizona and the Federal government have employed a wide variety of statutes to seize and ultimately confiscate personal and real property from Arizona citizens. These matters are commonly known as asset forfeitures. The most common public misconception is that confiscation and forfeiture of property affects only those accused of crimes. This is often not the case as people who have not even been arrested, let alone criminally charged, have been forced to forfeit their possessions to state and federal agents, including considerable amounts of money, land and vehicles. Asset forfeiture laws often make it legal for the government to seize property from people who are innocent as long as there is a connection between the confiscated property and commission or profits from a crime. It is therefore extremely important that you immediately contact skilled, aggressive and dedicated attorneys experienced in handling Asset Forfeitures such as those at the Younglove Law Firm. Criminal Lawyer Phoenix.

Perhaps the most important thing to know is that you must respond immediately to any notice that the government intends to go ahead with asset forfeiture proceedings to permanently confiscate your assets and property. In most situations, the time limit for responding and informing the government that you intend to fight the asset forfeiture in court is very short, usually not more than 30 days. If you do not file a claim in a timely manner, it is unlikely you will ever get your property back.

But you do have legal rights you can exercise. Specifically, you have the right to protect your property against aggressive prosecutors and law enforcement agencies who often benefit directly from the seized funds, cars and real estate, and who usually devote significant efforts and resources to keep your property.

Asset Forfeitures are civil proceedings where the government does not have to prove a crime beyond a reasonable doubt, but needs only to satisfy a much lower evidentiary standard to show that the assets were the instruments or proceeds of crime. There is virtually no limit on the kinds of property the government can seize. Common items include homes, land, cash bank accounts, vehicles, antiques, jewelry, boats, computers, servers or software.

Federal Asset Forfeiture laws consist of dozens of forfeiture categories relating to specific crimes such as drug trafficking and other controlled substances, marijuana cultivation, tax evasion, money laundering, forgery and pornography. Arizona has several applications of its own asset forfeiture statutes as well that allow the state to attach, seize and ultimately forfeit various categories of properties.

Depending upon the specific facts of your case, your defense might consist of the so-called third party “innocent owner” defense, where the owner was not aware that the property was illegally obtained or where the owner of rented property did not know that a tenant was using the property for an illegal purpose. In Arizona, forfeiture of a vehicle can be prevented if there is a co-owner, such as an innocent spouse, and the vehicle is used for defendant’s immediate family needs. Similarly, a family residence co-owned by an innocent person or spouse without knowledge of any unlawful use can be protected even when one of the owners was convicted for using the property to manufacture, distribute or possess controlled substances for sale.

Your lawyer might also be able to successfully argue that the value of the forfeited property is disproportionate to the crime. In addition, your defense might be based on a proof that your property was purchased with legitimate funds which often requires the hiring of expert forensic accountants.

Always, your first step should be to immediately hire the right lawyers who will identify the right strategies and solutions to your case. The lawyers at the Younglove Law Firm. are highly skilled, aggressive and experienced in the area of asset forfeiture. Criminal Lawyer Phoenix.

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Protect your legal rights by contacting a Phoenix Arizona asset forfeiture attorney today at (602) 434-2623. Your case is too important to settle for anything less than excellent legal representation. Douglas Younglove, an experienced defense lawyer, will walk you through the process and put the law back on your side. No one takes your case more seriously than we do. The prosecution may rest, but we never do.

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