Vehicle & Property Forfeitures
If you have had property or your vehicle forfeited, you may be able to get back what belongs to you. As for how the state of Minnesota can acquire your assets, it is because a criminal act has been committed that warrants the seizure of assets. These are assets that were used in the criminal act itself. For instance, a vehicle used in a DWI offense can be forfeited. The state is able to acquire these assets through civil proceedings.
Nevertheless, there are some rather complicated legal issues that surround forfeiture. Even if you are found “not guilty” of a crime, the property may still be seized. This is because the forfeiture proceedings are separate from the actual criminal charge, so you can be deemed not guilty by one court, but the proceedings in the other will continue.
Losing Your Property
If you find that you are faced with the loss of your home, car, or other property through criminal forfeiture proceedings, you need an experienced Minnesota property forfeiture defense attorney to help you keep your property or get it back. Even if you are guilty of the crime, it may not be necessary for you to lose your property. Here at Torres, DeGree and Associates, we have represented many who have lost property and have been able to get it back or they never had to let go of it at all.
Types Of Forfeitures
There are a number of crimes that can lead to property forfeitures. Those crimes include:
- Drug possession
- Embezzlement
- Mail order fraud
- Account fraud
- Money laundering
- Credit card fraud
- Counterfeiting
- DUI/DWI
There is a process involved in forfeiture and this process includes the court notifying the owner that they are going to take the property. This allows the property owner to file a court challenge. This should not be done without a Twin Cities property forfeiture lawyer. There is also a fee involved in filing this court challenge.
There is another process involved, however, that allows an officer who has arrested a person for DWI to take possession of the vehicle or other property at the time of the arrest. This means that the time of arrest could be the last time you see your car if you are arrested for DWI. Even though the vehicle has already been seized, the prosecutor will serve a notice of intent to seek forfeiture
Minneapolis Criminal Lawyer & Attorney
If your vehicle has been seized or you have been served with an intent to seek forfeiture, you need legal help as soon as possible. The sooner you make the call, the more thorough your case will be because there is more preparation time and the events are fresh in the minds of everyone involved. With an experienced attorney, you can have your vehicle back in your possession or it never has to leave your possession.
Call Torres, DeGree and Associates at (612) 861-5003 and take the first step toward making sure your property is in no one’s hands but yours.