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Bloomington Civil Asset Forfeiture Lawyer

Civil Asset Forfeiture Lawyer Bloomington, IL

Civil Asset Forfeiture Lawyer Bloomington, IL - Wooden figurine of a car with a hammer of the judge on a white background. Minimalism. Purchase and sale of the car. The trial, confiscation of the machine. Recognition of ownership.As a trusted civil asset forfeiture lawyer Bloomington, IL residents rely on from Pioletti Pioletti & Nichols understands, it can be devastating if law enforcement comes into your home and takes your property. “Asset forfeiture” is when law enforcement confiscates someone’s property from people suspected of a crime or convicted of a crime. While there are times that a criminal’s property is justly seized, there are also many times that an innocent person has their property taken away. This commonly happens to those residing in poorer communities and minorities. So, what actions can you take when this happens? 

Is this process legal? 

Civil asset forfeiture is a legal process and occurs when investigators believe that a person has certain property that is linked to a crime; property either used during criminal proceedings or purchased as a result of a crime. As a Bloomington civil asset forfeiture lawyer understands, the laws surrounding civil asset forfeiture have changed and evolved over the years and it is up to the government to show that the property they have taken was used during a crime or purchased as a result of a crime. Although newer laws help a small number of victims, there are many people who have been subjected to senseless search and seizure tactics. Even if shown to be innocent, it can still be difficult for a person to take their property back once the government has confiscated it. When you know you have had your property taken away with little to no evidence showing you did something wrong, it is time to contact a lawyer you can trust. 

Shouldn’t we be going to court before they have the right to take my property? 

This would seem to make the most logical sense. If someone is going to take away property you purchased, you would think you have the right to have your case heard in court, right? Not only will you likely not get the fair trial you are expecting to get, but you may also never get your property back if the local authorities attempt to profit off your things. If you work with a lawyer quickly after this process gets started, you may have a better shot at getting your hearing and getting your things back. 

Does the local government pressure citizens? 

It is absolutely possible that local law enforcement will pressure citizens into giving up their items or confessing to being a part of a crime, even if they were not. Law enforcement may say that if you do not cooperate or do not give up your assets then you will face criminal charges and go to jail. Pressuring citizens into confessing crimes they did not commit or into giving up their assets, at the very least, brings up questions of whether the entire process is fair. 

What are the legal defenses when fighting against these charges? 

There are certain legal defenses that your civil asset forfeiture lawyer may try to use when fighting against these charges. 

  • Probable cause. This means that during the search and seizure, the police would need to have probable cause. If they pulled you over on a highway, they would need to expose the alleged criminal activity you were participating in, explain how they believe you are linked to a crime, or state that they believe you are in possession of something that was used during a criminal activity. If they do not have any reason that they conducted the search related to a crime, a court may dismiss the forfeiture. 
  • You were not aware of the crime. If your lawyer can show that you had no evidence the crime was committed or that the property you own was involved in criminal activity, a court may dismiss this. 
  • You can use the law on your side. There are amendments in place to protect citizens from illegal searches and seizures. The fourth amendment, for example, states that if the police took your property and had no warrant or in some other way violated your rights, then you can work with your lawyer to get your property back.

 

Get Help With Your Civil Asset Forfeiture Case Today

If your property was taken away from you or you are being charged with crimes related to this property that you had nothing to do with, you should not let this stand. Work with an attorney who will fight for your rights to have your property back and who will work to find evidence that you were not aware of any criminal activity as it relates to your property. If you need help, don’t wait any longer, give our office a call today for more information.  

What types of items can the government take?

If the government believes that the property in question has been used to advance criminal action, the government can seize it. This could be your: 

  • Home
  • Car
  • Money
  • Jewelry
  • Rental property
  • Other valuable assets

How can I fight this?

Fighting civil asset forfeiture can feel like a Sisyphean task. However, if one of the first moves you made after this happened was a call to your lawyer, then you are already on the right path. There are certainly instances where law enforcement may believe they are above the law or that if they do not follow certain protocols it will not matter. If this is the case, know that your trusted lawyer will be combing through every document and examining every step they took during the time that the government seized your assets. When this is the case, it is possible to get your property back. Additionally, if you had nothing to do with the alleged crime, the government may not have a case at all. Rest assured that when you are dealing with this scenario your lawyer will be building their case quickly. 

When you work with a lawyer you can count on, you know you are on your way to fighting this. If you would like to speak with a team member from Pioletti Pioletti & Nichols, give our Bloomington civil asset forfeiture lawyer a call now. 

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Bloomington, IL 61701

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