Claim Your Assets: Assert Your Rights with an Oklahoma City Asset Forfeiture Attorney
Critics decry it as a violation of due process, an infringement on constitutional rights. Individuals affected by it may perceive it as a legalized form of theft or highway robbery. Nonetheless, asset forfeiture has become a widely employed tool in Oklahoma City, casting law enforcement in the role of bounty hunters.
In many counties across Oklahoma, seized assets contribute significantly to county prosecutors’ finances. Unfortunately, abuses of the system are rampant. Even when conducted within the boundaries of the law, the civil forfeiture process reduces property owners to mere “claimants,” requiring them to overcome the state’s efforts to prove that their hard-earned income is illegitimate.
Frequently, troubling stories arise featuring law-abiding citizens who, with cash in hand, embark on a journey to buy or sell a vehicle. They are stopped by the police for minor traffic infractions, only to find themselves ensnared in an unexpected trap. During the encounter, officers pose probing questions about their destination and purpose of travel. Unaware of the danger, the individuals answer truthfully, divulging the presence of a few thousand dollars in the glove compartment.
Don’t Lose Out on Your Money
That money is the last they see of it. Even when presented with compelling evidence of the legitimate source of the funds, the police may refuse to return them. They can wait up to a year before filing any legal documents that would allow the rightful owner to “claim” the seized money. If no one steps forward to assert a claim, prosecutors can appropriate the cash, sharing it with law enforcement.
In many civil asset forfeiture cases, no criminal charges are ever filed. Yet the threat of wrongful criminal prosecution dissuades many victims from reclaiming their seized funds. This creates an opportunity for law enforcement to engage in extortion, offering an out-of-court cash settlement where the funds are forfeited under the threat of criminal charges.
Exercise Your Rights: Reclaim Your Property
When the government seizes your assets, you possess legal rights. Despite the inherent bias in favor of prosecutors who seize cash based on mere suspicions, the law still provides protections for honest citizens.
In various cases, the Supreme Court has ruled that the civil forfeiture of assets related to alleged criminal activity does not constitute double jeopardy. Instead, it may amount to a violation of due process or an excessive fine. Alongside constitutional safeguards recognized through case law, there are state and federal statutes outlining the procedures that must be followed when public officials seize your property or cash.
While most asset seizures involve allegations of illegal drug activity, Oklahoma prosecutors have also sought to seize funds, vehicles, and other assets in connection with charges related to prostitution, DUI offenses, and financial crimes. In such cases, if the seizure occurs outside of a criminal proceeding, you must turn to civil court to reclaim your property. Your chances of success in civil court are greatly enhanced when you have the guidance of an experienced Oklahoma City asset forfeiture attorney.
Unlike criminal matters, civil asset seizures do not guarantee the appointment of an attorney if you cannot afford one. However, some laws permit “claimants” to request the release of seized funds to cover legal costs associated with the claim. In certain instances, courts may even award attorney’s fees to individuals whose money was seized without just cause.
Call Asset Forfeiture Attorney for Low-cost Consultation
If you find yourself targeted by a pending civil asset forfeiture, reach out to the skilled Oklahoma City defense attorney at Criminal Defense Law Office of Oklahoma City. Discover the options available to reclaim your money. Our initial consultation is low-cost, and you are under no obligation. If you are concerned about retaining legal representation following the seizure of your assets, inquire about alternative fee agreements.
To schedule a no-cost, no-obligation consultation with an Oklahoma City asset forfeiture attorney, call 405-588-4529 today. Alternatively, you can submit your questions using the contact form on our website.