Asset Seizure For Forfeiture: State and Federal Courts
Flagstaff Forfeiture Attorney David Bednar has been representing clients who have had property seized by a government agency for over 18 years. Civil Asset forfeiture cases arise when the Arizona Department of Public Safety(DPS) or seizing agency takes property and/or currency (cash) from an individual in a criminal arrest. The government (County Attorney/US Attorney) will set forth a complaint in court 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. Arizona Forfeiture statutes are laden with deadline specific provisions. These deadlines are intended to make it more difficult for the individual to reclaim his/her seized assets. It is extremely important to notify an experienced civil asset forfeiture attorney when assets have been seized for forfeiture.
Contact an experienced Arizona Forfeiture Lawyer today (928)779-3242
The State’s attorney (prosecutor) must officially “give notice” to 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 is a process where the individual may provide mitigation to the government as a way of reaching disposition settlement 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 charges it may become necessary “stay” the forfeiture proceeding in order to preserve the individual’s rights under the Fifth Amendment. No matter your situation, when the police or state has seized assets, property or currency, it is important to contact an experienced forfeiture attorney.
Flagstaff Forfeiture Attorney David G. Bednar, provides protection for clients who have had property seized by the State for civil asset forfeiture. Civil forfeiture representation for clients throughout Arizona including: Flagstaff Justice Court, Flagstaff Municipal Court, Williams City, Williams Justice Court, Page Justice Court, Sedona Magistrate Court, Holbrook Justice Court, Seligman Justice Court, Prescott Justice Court, Verde Valley Justice Court , Cottonwood, Winslow, Kingman, Coconino County Superior Court, Apache County Superior Court, Navajo County Superior Court, Gila County Superior Court, Yavapai County Superior Court EDC, and Northern Arizona University.
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