St Paul Forfeiture Lawyers & Attorney
If you’ve been accused of a crime in Minnesota, and authorities are attempting to seize your property through asset forfeiture, you need a knowledgeable and skilled forfeiture defense attorney to protect your rights. At DeVore Law Office, we have extensive experience defending clients against criminal forfeiture actions and asset seizures, and we can help you fight to recover your property.
What Is Asset Forfeiture?
In Minnesota, asset forfeiture allows law enforcement to seize property or assets they believe were involved in a crime. The property in question doesn’t need to be the property of the person accused of the crime; it can belong to anyone involved, including business owners, family members, or even innocent third parties.
Forfeiture actions are typically associated with crimes like drug trafficking, money laundering, organized crime, and violence, but can occur in any case where assets are believed to be linked to illegal activity. These actions can involve real estate, vehicles, cash, firearms, jewelry, and other property.
Types of Forfeitures We Defend Against
At DeVore Law Office, we offer defense services for a wide range of forfeiture actions, including:
Criminal Forfeiture
Criminal forfeiture is part of the criminal prosecution process, where assets involved in a crime can be seized and permanently taken by the state. This can happen alongside a criminal case, and a conviction is often required to finalize the forfeiture of the property.
Examples:
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Drugs, money, or vehicles involved in trafficking offenses
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Firearms used in violent crimes or illegal possession
Civil Asset Forfeiture
Civil asset forfeiture is an administrative process, where law enforcement seizes property they believe was used in or acquired from criminal activity, regardless of whether a criminal conviction occurs. These cases can be particularly challenging, as the government does not need to charge the individual with a crime to take their property.
Examples:
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Property seized during a traffic stop believed to be connected to drug trafficking
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Cash or assets suspected of being obtained through illegal activity
How Does Asset Forfeiture Work?
The process of asset forfeiture in Minnesota typically involves several key steps:
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Seizure: Law enforcement will seize assets that they suspect are connected to criminal activity. This can include cash, vehicles, real estate, or any other property linked to a crime.
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Notice: You will be notified that your property is being seized. In criminal forfeiture cases, the notice will often be part of the criminal charge.
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Forfeiture Proceedings: If you wish to contest the forfeiture, you must file a claim to contest the seizure, which may involve a hearing or a formal legal process.
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Court Decision: If you do not contest the forfeiture or if the court determines the assets are linked to criminal activity, the assets may be permanently forfeited.
Potential Consequences of Asset Forfeiture
Forfeiture can have severe consequences, especially for individuals whose property is seized. If your property is forfeited, you may face the following consequences:
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Loss of property: Your vehicle, home, cash, or other assets may be permanently taken by the government.
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Financial hardship: Losing property, especially if it is a primary asset like a vehicle or business, can lead to significant financial distress.
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Impact on criminal case: In some cases, the forfeiture of property can have a negative impact on your defense, especially if the asset is crucial to your case or livelihood.
Defending Against Forfeiture Actions
At DeVore Law Office, we have the experience and knowledge necessary to help you challenge asset forfeiture actions. Our skilled forfeiture defense attorney will work to protect your rights and your property, providing you with effective strategies such as:
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Challenging the seizure: We will carefully examine whether law enforcement followed proper procedures when seizing your property and ensure your constitutional rights were respected.
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Disputing the connection to criminal activity: If the government cannot prove that your property was involved in criminal activity, we will work to have the forfeiture overturned.
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Negotiating with authorities: In some cases, we may be able to negotiate a settlement or resolution that allows you to recover your property without further legal complications.
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Pursuing civil remedies: If your property was seized without adequate cause, we may be able to seek restitution or compensation through civil litigation.
Kevin DeVore By Your Side
Kevin DeVore understands the court system can seem like a maze. Kevin will be at your side from the beginning to the end of your case, making sure you understand what is going on the entire way. You will never be left wondering what is on the horizon. Our firm will be fighting for your rights from day one. Kevin DeVore has an office in Woodbury, Minnesota and helps clients throughout the metro including surrounding St. Paul, Lake Elmo, and Oakdale.
If you are facing a crime, you can speak immediately to Minnesota criminal lawyer Kevin DeVore at 651-435-6500. We will schedule a no-charge, initial consultation for you.