The burden of proof in asset forfeiture cases

On Behalf of | Jun 12, 2019 | Asset Forfeiture

In criminal court cases, the defendant is perceived as innocent until proven guilty. This means that the prosecution team has the responsibility to provide evidence that will support a guilty verdict. However, when it comes to civil forfeiture laws, the burden of proof lies with the defendant. They need to prove that the assets seized by law enforcement were not connected with criminal activity, and this can be very difficult to do.

If you have had assets seized by law enforcement officials, it is important that you take immediate action to try and gain back these assets. Civil asset forfeiture laws are notoriously unforgiving, but with rigorous legal advocation, it can be possible to win a jury trial.

How does civil asset forfeiture work?

Between 2001 and 2014, civil forfeiture in the US led to $29 billion worth of assets being seized by law enforcement agencies. These agencies have the right to seize property when there is a reason to suspect that criminal activity is involved. Additionally, law enforcement agencies are incentivized to seize assets because they are able to keep the proceeds. This is regarded by many as a very unfair process.

Can it be possible to successfully win back assets?

It’s important to remember that the burden of proof lies with you if you have had your assets seized. Therefore, if you are able to show that your assets were involved in only legally acceptable activity, you may be able to gain back property.

It is important that you do not allow unfair practices to deprive you of your assets. By taking swift action, you have a good chance of being successful.