South Carolina Drug Crime Attorneys – Asset Forfeiture
Driving down I-95 headed to the beach and blue lights start flashing. You’ve been pulled over for speeding in a work zone. When you open up your glove box to pull out your registration the cash you were carrying for your vacation falls out. Before you know it, the highway patrol has everyone out of the car and you are being searched.
One of the passengers is arrested for cocaine. Even though you had no idea that cocaine was in the car, and the officer tells you that the cash you had on you for the week and your car are being forfeited.
What law enforcement did not tell you is that if there is a valid claim for seizing money or other assets, such as a car or home, the officer must file an action and a judge must determine whether there was probable cause for the officer to take your money or other assets.
Many times an officer will try to make you consent on the spot so that they can avoid the formalities and delay associated with bringing the matter before a judge.
The authority to seize cash or property connected to drugs comes from our Federal and State law.
Typical civil proceedings call for the assistance of an experienced attorney, and civil forfeiture is no exception. However, some victims of civil forfeiture try to go at it alone, only to get bogged down by the time, effort, and costs required to successfully petition the government for the return of taken property.
If your property was taken because of an alleged connection to a crime, the attorneys at the Strom Law firm can draw from their background working with law enforcement agencies involved in the forfeiture of assets to help you get some or all of your assets back.
Common reasons for forfeiture include classification as:
• Contraband including illegal drugs or drug paraphernalia;
• Proceeds related to illegal activity including cash received for selling drugs;
• Tools or Property used in the commission of a crime such as a car or a house
Unfortunately, there are often situations where large amounts of money are seized even when there is no relationship to drugs or illegal activity. You have due process rights that must be protected. Don’t let your fear of dealing with law enforcement prevent you from protecting what is yours.
Many people do not realize until it personally affects them that the government has the ability to seize property from an individual if it believes that property is furthering a crime. This act is known as asset forfeiture and can be carried out as part of a criminal case or a civil case.
Having your property taken away from you by the government — often when you are not even facing criminal charges — is infuriating. the Attorneys at the Strom Law Firm have years of experience representing individuals who have been victims of asset forfeiture by the government. We will aggressively protect your rights when your property has been taken.
The Strom Law Firm believes strongly in the Constitution and your right to be free from government intrusion, including the baseless taking of property. He has been successful in returning the property of their clients in asset forfeiture actions in state and federal courts.