Unveiling the Truth: Reclaiming Your Wealth
Detractors decry it as an assault on justice—a flagrant violation of constitutional rights. Victims may label it a swindle or a legalized form of highway piracy. Asset forfeiture practices by police and prosecutors in Oklahoma have undeniably transformed into a common law enforcement tool, albeit one that casts an ominous shadow on the police, resembling modern-day bounty hunters.
In numerous counties across Oklahoma, the salaries of county prosecutors heavily rely on seized assets. Abuses abound. Even when executed within the confines of the law, the civil forfeiture process reduces property owners to mere “claimants” who must overcome the state’s relentless efforts to prove that their hard-earned income was likely ill-gotten.
Lost Cash
The tales of woe often revolve around diligent individuals embarking on a journey to purchase or sell a vehicle, with cash in hand. As they traverse the roads, they encounter a police stop under the pretense of a minor traffic violation, with no ticket issued. During the encounter, inquisitive questions are fired at the driver about their destination and purpose of travel. Oblivious to the trap they have unknowingly stepped into, they answer truthfully, admitting to carrying a few thousand dollars in the glove compartment.
That moment marks the final glimpse of their cash. Even when presented with evidence proving the legitimacy of their funds, the police may adamantly refuse to return it. They can withhold any legal document allowing the rightful owner to “claim” the seized money for up to a year. If no one steps forward to make a claim, the prosecutors can appropriate the cash, sharing the spoils with the police.
In many civil asset forfeitures, no criminal charges are ever filed. Yet, the looming threat of wrongful criminal prosecution dissuades countless victims from attempting to reclaim their seized funds. This paves the way for law enforcement extortion, where authorities may offer an off-the-books cash settlement, compelling individuals to forfeit their seized assets under the menacing specter of criminal prosecution.
Assert Your Rights: Reclaim Your Possessions
When the government seizes your assets, you possess legal rights. Although Congress, the legislature, and the courts have seemingly tilted the scales in favor of prosecutors, enabling them to seize cash based on mere hunches and presumptions, the law still provides safeguards for honest citizens.
In various cases, the Supreme Court has ruled that civil forfeiture of assets tied to alleged criminal activity does not constitute double jeopardy. However, forfeiture can potentially violate due process or lead to excessive fines. Apart from the Constitutional protections established through case law, both state and federal statutes outline the procedures that must be followed when public officials seize your cash or property.
While most asset seizures primarily involve allegations of illicit drug-related activities, Oklahoma prosecutors have also attempted to confiscate cash, vehicles, and other properties connected to accusations of prostitution, driving under the influence, and financial crimes. In such instances, if the seizure occurs outside the realm of a criminal proceeding, you will need to resort to civil court to regain possession of your property. Your likelihood of success in civil court is greatly enhanced when you enlist the aid of a skilled Pryor asset forfeiture attorney.
Diverging from criminal matters, when the government seizes your cash, the court is not obligated to appoint an attorney if you cannot afford one. Nonetheless, certain laws do provide avenues for “claimants” to petition the court to release a portion of the seized funds to cover the legal expenses associated with their claim. In certain circumstances, the courts may even award attorneys’ fees to individuals from whom the government unjustly confiscated money.
Complimentary Consultation: Mayes County Asset Forfeiture Attorney
If you find yourself targeted by an impending civil asset forfeiture, waste no time in reaching out to the Pryor asset forfeiture attorneys at Wirth Law Office. Discover the viable options available to reclaim your money by contacting us today. Our consultation comes at no cost, and you are under no obligation. If concerns arise about your ability to secure legal representation following the seizure of your assets, let us explore alternative fee agreements to accommodate your circumstances.
For a complimentary and non-binding consultation with a Pryor attorney, call 918-932-2862 without delay. Alternatively, you can submit the inquiry form located at the top right corner of this page.