Do the Police Need Proof to Take My Property?

 Posted on February 07, 2024 in Uncategorized

Our constitution protects against unreasonable search and seizure. However, this does not mean that law enforcement has to prove that you committed a crime before confiscating your property. In civil asset forfeiture, all law enforcement needs to show is that they suspect the property they have seized was used to commit a crime or may represent the profits of a crime. Asset forfeiture laws have been used both reasonably and abusively in the past. Commonly confiscated property includes cash, vehicles, and computers or cell phones. If your assets have been seized by federal law enforcement under asset forfeiture laws, it would be wise to contact a Dallas, TX, federal white-collar criminal defense lawyer promptly. Criminal charges frequently follow asset seizure

How Does Asset Forfeiture Work at the Federal Level?

Federal law enforcement can seize any property they think has been or will be used to further a criminal scheme or any property they think represents the proceeds of illegal activity. For example, if they believe that you are using your business to launder money gained through criminal enterprise, your business assets may be seized. Or, if they think you used money you embezzled to purchase that luxury car you drive, they may seize the vehicle.

There does not need to be much solid evidence proving that the FBI’s suspicions are correct. Many innocent people have had assets taken away from them under this law. Law enforcement often deems large amounts of cash suspicious, even if you can show that you earned that money legitimately and simply prefer to keep cash on hand. Ideally, this procedure would only be used to dismantle an obvious criminal scheme before further crimes can be committed and just before making an arrest based on probable cause

What Can I Do if My Assets Were Seized? 

If law enforcement has confiscated your money or other property, the best thing you can do is immediately contact a criminal defense attorney who practices in this complex area of the law. Do not attempt to prevent law enforcement from seizing your property by hiding it or blocking their attempts at seizure, as this will likely lead to your arrest

If your assets are being seized, it means you are suspected of being involved in criminal activity. There is a high likelihood that you will be arrested and charged with a crime in the very near future. Law enforcement often confiscates property they suspect has been used in a criminal scheme in order to conduct an investigation

Contact a Dallas, TX, Asset Forfeiture Attorney

Spencer & Associates is experienced in helping individuals whose assets have been seized. Our knowledgeable team of Dallas County, TX, white-collar criminal defense lawyers will do all we can to clear your name and get your property back if possible. Contact us at 214-385-8500 for a complimentary consultation