字幕列表 影片播放 列印英文字幕 Once the government has actually seized your property, there's many defenses that you can use. Number one are going to be procedural grounds. Congress and our State legislatures have put into place certain procedures that the government must follow in order to properly forfeit property that has been seized from private citizens. Now, there is a difference between a seizure and a forfeiture. The seizure is related to the actual taking of the property. But it doesn't go to show whether or not the government can keep it. So the forfeiture is a process of which the government proves that not only did they lawfully seize something, that they're lawfully entitled to keep that seized property. That's where we come in. Congress has put in procedures to make sure that your rights aren't being violated, both in the seizure and the forfeiture. The government must follow specific procedures, including filings of complaints and notice requirements. If they fail to do these things, then the person that they actually seized the property from has a grounds to get the property back. An experienced asset forfeiture attorney will be able to look at the facts and challenge the procedures in which the authorities have actually seized and are attempting to forfeit your property. In addition to those procedural grounds, you're going to have various defenses that you can use. These offenses include the innocent owner defense. This defense rests upon the premise that you had no idea that your property was being used for illegal activities. Or as a recipient of these funds, you didn't realize they were coming from illicit sources. For instance, what if you are a property owner. You own a house, you rent it out to some people that you think are trustworthy. And a few months down the line, a federal agency comes in and knocks the door down, and seizes the property because it's being used to manufacture drugs. Now you as the owner of this home had no idea that it'd be used for this specific purpose. So we can come in and fight the government using the innocent owner defense, and get this property returned back to you. Another way to challenge an asset forfeiture action is to defeat the underlying criminal charge. For example, if you're charged with embezzlement, if we can show in court that you did not embezzle any of the funds, then the government has no right to seize any funds or property that they consider related to that embezzlement charge. That's why it's so important to hire an attorney who is well versed in both the criminal and the civil aspect of these forfeitures. There's a possibility that you can defeat underlying criminal charges but still lose your property under the civil forfeiture statutes and laws. Here at the Shouse Law Group, not only are we criminal defense attorneys, but we are also experienced asset forfeiture attorneys that can handle both aspects of the case at the same time. Call us today for a free consultation, and we'll see what we can do to not only fight the underlying charges, but to get your property back.
B1 中級 美國腔 加州法律:阻止政府沒收你的財產。 (California law: stop the government from forfeiting your property) 25 3 Amy.Lin 發佈於 2021 年 01 月 14 日 更多分享 分享 收藏 回報 影片單字