The law surrounding civil asset forfeiture is surprising to many. They essentially make it possible for law enforcement officials to seize assets, from cash and jewelry to cars and homes, if there is a suspicion that the assets have been involved in a crime.
Many people are not aware of the details of civil asset forfeiture proceedings until they have their assets seized. When assets are seized, the charges are made against the assets themselves, not you as the owner. Therefore, you need to prove that the assets were not involved in illegal activity to stand a chance of having them returned.
You have the burden of proof
In most situations, the owner has the burden of proof, meaning that the assets are considered under the law as guilty until proven innocent. Proving that your assets are not acquired by illegal means may be challenging to do. When it comes to seized cash, you will usually need to give details about the way that you acquired the cash and show that it was legitimate.
Seized assets fund the police force
In theory, the idea of seized assets from criminals being reinvested into fighting crime sounds like a great idea. However, there are cases where law enforcement officials have seized assets from innocent people so that they can generate revenue. The fact that illegal activity does not need to be proven for this to happen creates a corrupt system where innocent people suffer.
If you have had assets seized by law enforcement officials in Alabama, there are steps that you can take to get justice. Fighting to prove that your assets were not involved in illegal activity can be challenging, but it is possible.