What is administrative asset forfeiture?

On Behalf of | Sep 6, 2019 | Types Of Asset Forfeiture

If your assets have been seized by law enforcement officials in the name of asset forfeiture, you are likely feeling confused, frustrated and perhaps angered.

Asset forfeiture can often happen during the attempted importation of goods or when it is believed that certain property has been involved in a crime. Assets may also be seized to be used as evidence in the trial of a defendant. The following is an explanation of the circumstances in which forfeiture would be described as administrative forfeiture.

The definition of administrative asset forfeiture

Administrative asset forfeiture occurs when the property is seized from a person, but no one takes action to file a claim to contest this seizure. Surprisingly, the majority of asset forfeiture cases are classed as administrative. This could be because the person whose assets have been seized know that they were prohibited from importation or involved in a crime. Many people do not contest asset forfeiture cases because they believe that they will not be successful or do not fully understand their rights.

If a person does take action to contest the asset forfeiture case, the government must then go down the route of either civil judicial forfeiture or criminal forfeiture procedures.

Funds gained through asset forfeiture are used to fund the police force. Therefore, the entire process is seen as controversial, since law enforcement officials could be seen to have a conflict of interest.

If you have been subject to asset forfeiture in Alabama, it is a good idea to consider whether you want to contest the asset forfeiture case. By doing so, you may be able to gain justice.