Forfeiture is a very interesting area of the law, while it is not necessarily a criminal action it can accompany criminal charges and for most people who have been subject to forfeiture feel like they were treated as a criminal whether or not criminal charges were involved. The basic idea behind forfeiture is that the government takes property away from individuals if they believe the property was obtained through criminal conduct. The common example of a forfeiture case often occurs when highway troopers stop an individual and find money that they believe is tied to drug trafficking.
The Utah Forfeiture Procedure
In Utah when law enforcement seizes property that they believe is connected to criminal activity there is no requirement that the individual be charged with a criminal offense. Usually in these types of cases law enforcement cannot find any drugs or paraphernalia to charge a person with a crime so they simply seize the property and basically force the individual to prove that they obtained the property through legitimate means. These are very difficult situations and they seem to be a bit of a loophole to the civil rights that are normally protected by the U.S. Constitution because as previously stated they are civil actions not criminal actions.
Ogden Forfeiture Defense Attorneys | Criminal Defense Lawyers
Forfeiture cases are very difficult cases, the law is written strongly against the individuals who property is seized from and proving where the money came from can be tough to do. However, with the help of legal counsel you may be able to reach a settlement with the prosecutors or possible have evidence suppressed to allow you to have your property returned. To find out more about how the lawyers at Ogden Criminal Defense could help you call us today, we can answer your questions through email or over the phone and give you a better idea of what your options are.