The Flagstaff Law Office of David G. Bednar

FORFEITURE: State and Federal  

Forfeiture cases arise when the police seize property and/or currency from an individual. The government will set forth a complaint claiming that the seized assets are either the results of ill-gotten gain, or that the assets were intended for use in the commission of a criminal offense.

Forfeiture statutes are laden with deadline specific provisions. These deadlines are intended to make it more difficult for the individual to reclaim his seized assets. It is extremely important to notify an attorney immediately when assets have been seized by law enforcement for forfeiture.

The government must officially "notice" an individual when they plan to forfeit seized assets. In turn, the individual must file a "claim" within a specific period of time or the property may be forfeited by default. More importantly, in Arizona an individual can request a probable cause hearing on the basis of the seizure if made within 15 days of the seizure.

In the alternative, an individual in Arizona may file a "petition for remission" in an effort to resolve the issues related to the seizure. This a process where the individual may provide mitigation to the government as a way of reaching disposition of the matter. However, an individual cannot file both a "claim" and a "petition for remission" in an Arizona proceeding unless the matter is in Federal Court.

If an individual is facing criminal proceedings it may become necessary for the individual to "stay" the forfeiture proceeding in order to preserve the individual’s rights under the Fifth Amendment.

No matter your situation, when the government has seized property or currency, it is important that you contact an attorney with experience in this area.