One of the most common consequences of a criminal investigation or arrest is asset forfeiture. Asset forfeitures occur when the state or the federal government confiscates assets. The theory of why the state or the federal government can confiscate another’s assets is that the assets in question were proceeds or instruments of criminal activity. Just the allegation from a police officer or agent is sufficient to confiscate and hold onto someone’s assets. This, which is big business for local police departments. The seizure and sometimes illegal forfeiture of the assets of people accused of a crime funds equipment, training, travel, bonuses, and other expenses of many local police forces. Get the counsel you need to fight back. The defense lawyers at The Kirlew Law firm have experience working on many asset forfeiture cases in the Miami area.
What is an Asset Forfeiture?
Asset forfeiture is the conclusion of a legal proceeding that results in the police department or government agency gaining legal ownership of another person’s assets. It’s the seizing of personal or business assets and then converting those assets to that of the government that leads to the forfeiture.
How can my assets be forfeited?
There are several ways that assets can be forfeited. The most common circumstance is a seizure of assets that occurs during the course of a criminal investigation and evidence that the assets were the fruits of illegal activity.
In real-world terms, assets are forfeited when police officers or agents come into possession of money, cars, or other property of someone they believe is a criminal. The police don’t release the property. They seize it and refuse to release the property to its rightful owner. Practically speaking, assets are usually seized in a circumstance when the police target or entrap individuals with police informants, illegal detentions, executing search warrants for an unrelated crime.
Assets are also commonly seized and sought to be forfeited in situations where the government has reason to believe that illegal proceeds paid for or is maintaining certain assets. This is common in a big fraud investigation or Ponzi scheme when a luxury home, luxury cars, or boats belong to the person suspected or under indictment. The government will file a petition in court seeking a judge to declare that the assets into question should be forfeited.
After seizing the assets of another, the government will put the person believed to be the owner of the assets on notice of the government’s intention to seize those assets and forfeit their ownership permanently.
Can I fight back against asset forfeiture?
Yes. Asset forfeiture proceedings are legal proceedings that require due process. These proceedings can be complex and detailed. The person whose assets are sought to be forfeited can retain counsel and fight back. When retaining an attorney, the major issue for a client to consider is the litigation and trial experience of that lawyer.
Forfeiture proceedings are detailed and complex. These hearings are also adversarial and contentious in nature. The lawyer for the police departments is going to want to keep your money. You have to be prepared to litigate and stand up for yourself in court. Kirlew Law Firm has a depth of experience in litigating and winning forfeiture proceedings, contact us today and see how we can help you reclaim your assets.
Heidi S. Kirlew
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
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When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
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