Forfeiture is the way the government penalizes an individual for wrongdoing – by taking away assets or properties. The government also profits heavily from asset forfeitures. But in January of 2015, Attorney General Eric Holder made it clear that local and state police will not be allowed to seize cash and property without warrants or criminal charges.
If you have had your assets or properties seized, then it is important that you take action immediately and call an Omaha asset forfeiture lawyer at Berry Law Firm. Our aggressive attorneys can fight to help you recover your rightful assets.
Fighting to Recover Your Assets
In Nebraska, forfeiture commonly occurs in interstate drug stops. In many cases, drugs are not even found during the search. However, large amounts of cash suspected to be involved in drug-related activities are often seized. You should contact an experienced Omaha asset forfeiture lawyer the moment your assets or properties have been seized so they can begin working on your case.
There are several different types of forfeitures that we can help with:
- Criminal forfeiture: When a property is suspected to be proceeds of a crime or used as instruments of a crime, then law enforcement officials will seize it.
- Civil forfeiture: This occurs when a claimant files a complaint against the “guilty” party over disputed property or asset. The case will then proceed in the typical manner of a civil case, which includes depositions, interrogations, motions, and then a trial.
- Administrative forfeiture: This is when a government agency, such as Customs or the DEA seizes your assets. No prosecutor or judge is involved in the process.
In interstate cash seizures in Omaha that involve no state criminal charges being filed, the money is pursued via civil/administrative proceedings. Criminal charges may be filed if prosecutors can prove that your money was used in a crime. However, if they cannot, they may still seize your cash.
Interstate cash seizures in Omaha and other cities in Nebraska are often pursued criminally and charged as felonies. Law enforcement officials often use the possession of drug money as the basis of the seizure. Possession of drug money is a crime according to Nebraska’s statutes. The possession of drug money carries a possible prison sentence of up to 5 years.
Our Omaha asset forfeiture lawyers can help individuals facing all types of asset forfeiture, whether they are criminal, civil, or administrative.
Fiercely Protecting Your Rights
Our criminal defense team is ready to work hard to not only protect your rights, but to help you recover your assets. Contact an Omaha asset forfeiture lawyer to start fighting your case.