Civil Asset Forfeiture: It’s Hardly Fair
Civil asset forfeiture, also known as civil forfeiture or asset forfeiture, has become an increasing problem in Oklahoma. The term describes a taking by the government, usually law enforcement officials, without any due process, criminal investigation, or prosecution. It is legal and it is rampant. Communities now use civil forfeiture confiscations as a way to pad their budgets.
How Civil Asset Forfeiture Works
All too often, a forfeiture begins with a traffic stop. It may be that you have a taillight out, or they allege that you failed to signal a turn or a lane change. On the pretense of this minor infraction, an officer will pull you over and ask to search the car. You have the right to refuse a search. Sometimes, the officer will ask whether you have a large amount of cash or other valuables in the car. If they find cash, gift cards, or other valuables they will often seize them on the suspicion that they are proceeds from an illegal activity such as a drug deal. Once they have your assets, it is difficult to get them back.
Why Civil Asset Forfeiture is So Controversial
In many communities, as budget shortfalls have hit the public sector, communities have found civil forfeitures to be helpful in their annual budget shortfalls. Officers tend to pull over vehicles, often in the same location, that have out-of-state licenses, or are less likely to want to have to stay and fight a forfeiture. Rental cars are often targets.
These assets are often seized without an officer ever filing any criminal charges. The officer does not have to prove that you were actually doing anything illegal or that the assets taken were connected to any illegal activity. They will have to prove that later.
An Attorney Can Help
To get your assets back, you will need the help of an Okmulgee civil asset forfeiture attorney. The process is difficult, and it can take time. Law enforcement has one year from the date of taking to file a claim against the asset. They must prove that you obtained the money or other property in connection with a crime. But Oklahoma law only requires that this be proven by a preponderance of the evidence or as little as 51%. Then you as the claimant have a very short window of time to fight to regain your assets.
Oklahoma reaps millions of dollars a year with civil forfeitures. The state provides very little transparency about its practices and the assets taken. Without the help of an experienced civil forfeiture attorney, likely, you may never be able to recover your taken assets.
An attorney can act proactively on your behalf, filing a complaint in civil court to recover the assets. As a civil matter, all the rules of civil procedure in the state must be followed. Since this is not handled in criminal court, you will not have the right to an attorney as a matter of law. However, new changes are making it easier for prevailing parties to be able to collect their attorney’s fees from the State. This doesn’t happen in all cases, but it does make it easier to regain your assets.
This is a specialized area of the law. If this has happened to you, contact an experienced Okmulgee civil asset forfeiture attorney as soon as possible.
Low-cost Consultation with an Okmulgee Civil Asset Forfeiture Attorney
Call us at (918) 756-9600 or (888) Wirth-Law for a initial strategy session with an Okmulgee asset forfeiture attorney at the Wirth Law Office – Okmulgee. Or enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will email or call you.
