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Civil & Criminal Asset Forfeiture Attorney Defense
Louisiana and Federal forfeiture laws allow the government to seize personal property and assets believed to be connected to criminal activity. The police can take your house, car, boat, jewelry, and cash even if you have not been formally charged with a crime. An asset forfeiture lawyer can provide representation for any type of forfeiture proceeding. Our law firm will pursue any and all options to secure the best possible outcome for you and your family.
Property Subject to Forfeiture
The following can be considered related to the manufacture, possession, sale and/or distribution of controlled substances/drugs and can give the government the cause it needs to seize the property:
- The controlled substances/drugs themselves
- Materials and equipment involved with production or distribution containers
- Records and research products
- Vehicles/conveyances involved
- Money or other “things of value” furnished or intended to be furnished in exchange for a controlled substance
- Real property/real estate
The Right Forfeiture Attorney Can Make a Difference
Law enforcement can keep your property for as long as they want. In order to get your property back, you need the law firm of Greg Gouner to help you with your asset forfeiture claim. We can help you:
- Immediately challenge any asset or property seizures
- File the court documents that challenge the government’s forfeiture case against you
- Hire forensic accountants and other experts who can show that the money used to purchase your property came from legitimate sources (also known as clear and convincing evidence)
- Locate and prepare witnesses who can support your case
It’s Important to Act Quickly
If your property has been taken by law enforcement or you’ve received a notice, you have the right to fight back. The same right applies if you didn’t receive a notice but saw it published in the newspaper. Louisiana law states that you only have a short time to respond to a notice of seizure or notice of forfeiture proceedings. If you don’t respond quickly, you may not even have a chance to fight for the property the government is threatening to take away.
Defenses may include third-party “innocent owner” exemptions, meaning that the property owner didn’t know the property was illegally obtained or the owner of a rental property or land didn’t know that a tenant was conducting illegal activity on the property. The prosecutor in these cases would have to prove beyond a reasonable doubt that the property owner was unaware of the property’s illegal nature.
Modern Day Revenuers
Contrary to what many people hope or want to believe, once the police take your cash or other assets, the burden is on you to get the property back.
Louisiana and Federal forfeiture laws allow the government to seize personal property and assets believed to be connected to criminal activity. The police can take your house, car, boat, jewelry and cash, without paying for it, even if you haven’t been charged with a crime.
They can keep your property for as long as they want. You’ll need to file a claim to try and get it back. You have a short time to respond to a notice of seizure or notice of forfeiture proceedings. If you don’t respond quickly, you may not even have a chance to fight for the property the government is threatening to take away.
Louisiana Law Louisiana R.S. 40:2601, is the group of laws that allow civil FORFEITURE. It is pretty one sided. Basically, it lets the cops take your stuff and keep it. The District Attorney and the local judicial expense fund even get a piece of the action. Hire an attorney immediately to fight for your rights.