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In Virginia, civil asset forfeiture laws allow the police to seize your money, vehicles, home, or other property if they believe it's connected to criminal activity, even if you're never charged with a crime. Unfortunately, they may profit from seizing property. Our experienced Manassas civil asset forfeiture lawyers at The Wilson Law Firm are here to help protect your rights and fight to recover your property.
Do the Police Actually Profit from Forfeited Assets in Virginia?
Yes. Law enforcement can profit from property seizures. Under Virginia forfeiture laws, Virginia Code § 19.2-386.1, the police may seize your property if they believe it is associated with criminal activity, without charging you or convicting you of a crime.
Under Virginia's forfeiture laws, after property is seized, it can be sold, with 90% of the proceeds distributed directly to the law enforcement agencies that made the seizure. The remaining 10% is allocated to the Department of Criminal Justice Services.
This 90/10 split gives individual police departments a significant financial stake in maximizing forfeitures. The more property they seize, the more money they can generate for equipment, training, vehicles, and other purposes without relying on tax dollars or competing for grants.
What Steps Must Law Enforcement Take Before Profiting from Seized Property?
While the profit potential is high, police can't simply seize property, sell it, and immediately start spending the money. They must follow a multi-step legal process.
Securing the Seized Assets
Under Virginia Code § 19.2-386.4, the agency must first physically secure the seized property. They can do this by storing it in a secure storage facility, constructively seizing it, or depositing cash in a special account. This step is critical to preserve the condition and value of the assets while the forfeiture process unfolds.
Filing a Forfeiture Action
The prosecutor must file a lawsuit against the property itself, not the owner, to link it to a crime. This is done through the local Circuit Court. The case is a civil action, separate from any criminal charges that may or may not be filed against the property owner.
Providing Notice to the Owner
After a Virginia forfeiture action is filed, the property owner must be notified and given an opportunity to appear in court to contest the seizure.
Obtaining a Forfeiture Order
If the court finds that the property is connected to criminal activity, the judge issues a forfeiture order transferring ownership to the government, at which point the property can be sold. However, if the owner presents a successful "innocent owner" defense or the government fails to meet its burden of proof, the court should order the property returned.
Only after these steps are completed, and the property is sold, can the seizing law enforcement agency access and use its portion of the forfeiture funds.
How an Experienced Civil Asset Forfeiture Lawyer Can Help
Our legal team understands Virginia’s complicated forfeiture laws and is experienced in fighting forfeiture actions. Here are ways we can work to recover your seized property:
- File a timely claim to fight the seizure
- Investigate the reasons your property was taken
- Negotiate with the prosecutor to recover your property
- Advocate for your rights in court
- Protect your constitutional and other legal rights