Was Your Property Seized in a Civil Asset Forfeiture Proceeding? Our Manassas Criminal Defense Lawyers Can Help Get It Back

In Virginia, the government can seize your property through a civil asset forfeiture proceeding if it believes that the property was used to commit or facilitate certain crimes. They can take your property even if you haven’t been convicted of the offense. This can be devastating when you’re already going through the stress and challenges of fighting the criminal charges you face or are serving your sentence if you were convicted.

 If your property, such as your vehicle or bank account, has been seized through civil asset forfeiture in Virginia, you need experienced legal representation to protect your rights. The experienced Manassas criminal defense lawyers at the Wilson Law Firm understand our state’s civil forfeiture laws and can help you fight to regain your property. We're here to guide you through every step of the process.

What Is Civil Asset Forfeiture in Virginia Criminal Cases?

Civil asset forfeiture laws allow the government to take your property from you. When law enforcement believes there is a substantial connection between money, cars, boats, houses, or other property and criminal activity, Virginia law allows law enforcement officials to seize that property and then ask the Circuit Court, in a forfeiture action, to transfer title of the property to the government.  In addition, they can even seize your property if it was associated with someone else’s crime. 

Civil asset forfeiture proceedings in Virginia are governed by Virginia Code § 19.2-386.1. The most commonly seized items are 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 offenses
• Prostitution
• Gun crimes
• Illegal gambling
• White collar crimes like money laundering
• Transportation of stolen property
• Exploitation of children

What Process Must the Government Follow to Sell Your Seized Property in Virginia?

The government must follow a specific legal process before it can sell your property seized through civil asset forfeiture. This is to ensure your constitutional rights to due process are protected. Here are the key steps in the process:

• Filing a forfeiture action. The prosecutor will file a civil court case called a Notice of Forfeiture. This is not part of your criminal charges.
• Serving notice on you. The police must serve you with the Notice of Forfeiture in person or by posting it at your last known address to inform you of the action against your property.
• Short response window. Once served, you have less than 30 days to file a formal response challenging the forfeiture.
• Forfeiture hearing. A judge will hold a hearing to determine if the government can keep and sell your property. The prosecutor must show by clear and convincing evidence that your property was connected to criminal activity, which is a lower standard of proof than in a criminal case.

It is challenging to go through this process and meet the expedited deadlines. As soon as you receive notice of a forfeiture action, it is essential to have our skilled civil asset forfeiture lawyers advocate for your property rights.

Defenses You Can Use to Fight the Civil Asset Forfeiture

Fortunately, you have options to fight to get your property back. Our knowledgeable attorneys may use several strategies to contest the forfeiture of your property:

• Lack of probable cause. Law enforcement must have sufficient reason to believe your vehicle was connected to a crime to keep it. If they lacked probable cause, your property may be returned to you.
• Innocent owner. If you did not know about or consent to your vehicle or other property being used illegally, you may be able to get it back.
• Disproportional punishment. Depending on the facts in your case, the forfeiture might violate your Eighth Amendment rights against excessive fines.
• Illegal search and seizure. If the police conducted an illegal search and seizure, any evidence obtained may be suppressed, invalidating the government’s right to seize your property.
• Failure to meet the burden of proof. Prosecutors must prove by clear and convincing evidence that they have the right to seize your property to keep and sell it.
• Family member challenges. If you co-own the vehicle with a spouse or relative, they may be able to assert their ownership rights.

Are There Other Options for Resolving a Civil Asset Forfeiture Case?

You may have other ways to resolve a civil asset forfeiture case. In addition to defending against the forfeiture in court, our lawyers may be able to negotiate other resolutions with the prosecutor, such as:

• Paying a fine to recover your vehicle. In some situations, you may be able to get your property back by paying a fee to the government. 
• Negotiating a compromise. The prosecution might be willing to return your property if you agree to certain conditions, such as installing an ignition interlock system in a DUI case. 
• Surrendering ownership. When the property has little value, the prosecutor may allow you to simply sign over ownership rather than go through a formal forfeiture proceeding.

What Should You Do If Your Property Is Seized for Asset Forfeiture?

If you receive a notice that your vehicle or other property is subject to civil asset forfeiture, take these key steps:

1. Contact our dedicated civil asset forfeiture lawyers immediately, as you have limited time to respond.
2. Gather any documentation showing your ownership of the property and that you did not know about the alleged illegal use.
3. Follow our attorneys’ guidance and do not discuss the matter with anyone else.

Let Our Manassas Criminal Defense Lawyers Help Regain Your Property

Don't wait to seek legal representation if your property has been seized. At the Wilson Law Firm, our knowledgeable criminal defense lawyers understand Virginia's complex civil forfeiture laws. We can thoroughly review your case, advise you of your options, and build the strongest possible defense against the seizure of your property.