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When police seize your property under Virginia's civil forfeiture laws, getting it back isn't as straightforward as presenting a receipt. In fact, you could lose your home, car, or cash permanently without ever being convicted of a crime.
If your property has been seized, understanding how the Virginia forfeiture process works and what you can do to fight back is crucial. Here, our experienced Manassas civil asset forfeiture lawyers explain what could happen to your seized property and how we can help you recover it.
What Is Civil Asset Forfeiture in Virginia Criminal Cases?
Civil asset forfeiture laws allow the government to seize your property if law enforcement believes there is a substantial connection between the property and criminal activity. Under Virginia Code § 19.2-386.1, law enforcement officials can take money, cars, boats, houses, or other property and ask the Circuit Court to transfer title to the government through a forfeiture action. They can even seize your property if it was associated with someone else's crime.
The most commonly seized property is vehicles, but cash, homes, and other property can also be taken. Some of the crimes that may lead to civil asset forfeiture include drug distribution or trafficking, felony DUI, prostitution, and white collar crimes.
What Happens After Your Property Is Seized in a Civil Forfeiture Action?
Once property is seized, the government must follow a strict civil forfeiture procedure to keep it. The seized property can be sold or used by law enforcement. However, owners can fight to get their property back by proving it isn't connected to a crime or that they are an "innocent owner" who wasn't involved in or aware of the illegal activity. Here’s the process to follow.
Securing the Property
Immediately after the police seize an owner’s property, they must secure it. Under Virginia Code § 19.2-386.4, they are required to take one of these actions to keep it safe:
- They can place the seized property under constructive seizure by posting a notice of a seizure on the property or filing a notice of the seizure in a public record relating to the property.
- They can store the property in a secure location.
- If the assets are negotiable instruments or cash, they can deposit them in an interest-bearing account.
- They can keep the property at a location designated by the court.
- They can arrange for another custodian or agency in the county or city where the property was seized to store the seized property at an appropriate location.
Law enforcement officers must also file a report with the Department of Criminal Justice Services, designating the seized property, its storage location, and its final disposition.
Filing a Virginia Forfeiture Action
The process of filing a civil forfeiture lawsuit after a seizure typically follows these steps:
- Forfeiture Action Filed: The Commonwealth files a civil case against the property in Circuit Court, seeking to establish a link to criminal activity.
- Notice to Owner: The property owner receives notice to appear in court and show cause why the property should not be forfeited.
- Court Determination: If the court finds the property is connected to a crime, it orders the property condemned, transferring title to the government, and often orders it sold.
- Proceeds for Law Enforcement: Proceeds from the sale of forfeited property fund the Forfeited Asset Sharing Program, which provides funds to state and local law enforcement agencies.
Your Seized Property After a Civil Forfeiture Action
If the court transfers ownership of your seized property to the government, here’s what could happen to it:
- Sold: Most often, forfeited property is sold, with the funds going to law enforcement.
- Used by Agencies: In some cases, seized items like vehicles or equipment may be used directly by law enforcement.
- Destroyed: Certain property, like contraband, may be condemned and destroyed.
To reclaim your property, you must act promptly to file a claim and appear in court to contest the forfeiture. You'll need to prove either that the property has no connection to illegal activity or that you are an "innocent owner" who wasn't involved in and didn't know about the alleged crime.
What Is the Burden of Proof in Civil Forfeiture Cases?
In Virginia civil forfeiture proceedings, the government has a lower burden of proof than in criminal cases. They must show by a preponderance of the evidence that there is a substantial connection between the seized property and criminal activity, which is below the "beyond a reasonable doubt" threshold required for criminal convictions.
However, the burden can shift to the property owner to prove their innocence as an "innocent owner" who didn't know about or consent to the illegal use of their property. The standard of proof is the same as for the prosecutor.
How Our Experienced Civil Asset Forfeiture Lawyers Can Help
If your property has been seized in a Virginia civil forfeiture action, don't wait to seek legal advice. The sooner you have our knowledgeable civil forfeiture attorneys on your side, the better your chances of successfully recovering your seized property. Here are ways our legal team can help you:
- Acting quickly. There are strict deadlines to challenge a forfeiture. We can ensure all claims and petitions are filed correctly and on time.
- Investigating connections. Our attorneys will investigate the circumstances surrounding the seizure to identify any defenses or arguments that may be raised in response to the alleged criminal connection.
- Negotiating with prosecutors: If it’s in your best interests, our lawyers may be able to negotiate an agreement with prosecutors to have your property returned or forfeiture proceedings dismissed if you pay for the property or take other actions.
- Representing you in court: If needed, we’ll argue your case in front of a judge, working to prove your property should not be subject to forfeiture.
- Protecting your rights: Our lawyers will also fight to ensure your constitutional rights are protected throughout the forfeiture process.