Police seized your money. They seized your property. Can they keep it? Or do they have to give it back? In this post you will find information about the Civil Remedies Act and how it operates. Essentially, it deals with situations where the police seize funds or property but do not press criminal charges. That is to say, a situation where the police take your property, but you are not facing any criminal charges.
Seizure is not Forfeiture
This is the fundamental principal when dealing with property issues. When the government seizes your property; they have it in their possession; and, they have control over it; but they do not own it. In other words, the government cannot sell the property or give it to someone else. They can only hold onto the property.
Forfeiture is the transfer of property from the owner to the government. As such, until forfeiture happens, the government has no ownership claim to the property.
Once the government has the property, they should either return the property to it’s rightful owner or commence a forfeiture proceeding. In circumstances where there are no criminal charges, the government can bring a forfeiture application under the Civil Remedies Act.
Categories of Forfeiture
The Civil Remedies Act allows for three categories of forfeiture. First, property that is linked to unlawful activity. Second, proceeds of unlawful activity. And third, vehicles that are linked to vehicular unlawful activity. In essence, the Civil Remedies Act allows transferring ownership of property to the government where that property has been shown to be tainted by crime.
There are two exceptions to this rule. Firstly, if you are a legitimate owner of the property. And secondly, if you are a responsible owner. A legitimate owner is someone who acquired the property without unlawful activity. A responsible owner is someone who has done everything possible to prevent the property from being used in an unlawful manner.
The Civil Remedies Act is a powerful tool for the government. It let’s the government eradicate a citizen’s ownership of property. However, they can only do so after they establish a link between the property and unlawful activity.
If you have had your property seized by the police it’s best to speak with an experienced criminal lawyer. A criminal defence lawyer can collect facts on your behalf and argue for the withdrawal of the forfeiture application. Call 647-282-5777 for a free consultation.