Anyone accused of being involved in a crime could face the seizure of money or property. Law enforcement professionals will often employ the procedure to gain control over assets related to a crime or used in aiding the crime. But what happens to the seized property and money once you’re cleared of the charges?
Let’s take a look at what the laws are on seized property and how a Louisiana criminal defense lawyer can help you recover your assets.
Asset Forfeiture Laws in Louisiana
In Louisiana, asset forfeiture is regulated via Louisiana Revised Statutes 14:54.4. According to this document, law enforcement professionals can seize property and money whenever there is preponderance of the evidence. That means probability of at least 50 percent that the respective asset was somehow involved in a crime.
This law suggests that property can be seized even if you have no involvement in a criminal activity. As long as the asset can be linked to a crime, forfeiture can occur.
Once the asset is seized, law enforcement professionals will have authority over its future. It’s possible for an asset to be sold to the public or in some instances, it will be used to offer financial assistance to a crime’s victim.
When it comes to the kinds of assets law enforcement professionals can forfeit, some of the most common options include:
- Cars, motorcycles, and other vehicles
- Houses, apartments, other kinds of property, land
- Bank accounts and investment accounts
- Business assets
- Jewelry
- Computers and other kinds of technology
- Records and research
- Materials and equipment
In 2022 alone, the U.S. Attorney’s Office collected over 10 million dollars in forfeiture in the Eastern District of Louisiana.
Can I Get Seized Property and Money Back?
Talking to a Lafayette criminal defense attorney will paint a clearer picture of the situation and your options. You can (and should) try to get seized assets back.
As a general rule of thumb, you will have to prove that the asset wasn’t used in a crime or that it was used criminally without your knowledge to regain ownership.
You will need to act fast because there’s a limited amount of time for reclaiming your money or property. Your attorney should file a claim with the District Attorney’s office and the agency responsible for the forfeiture within 30 days of the seizure occurring.
Once the claim is filed, you’ll need to start building your case and collecting evidence establishing the fact the asset wasn’t used in a criminal way. Depending on the situation, your attorney could decide to employ the services of other professionals like a forensic accountant, for example.
A forensic accountant can prove the origin of money or an asset you own. Your lawyer will also locate witnesses and get them ready to testify about the origin of your funds and valuables.
Other Important Facts About Louisiana Asset Forfeiture
Law enforcement professionals can keep seized property and money for indefinite amounts of time. it’s also important to understand this can happen even if you’re not involved in a crime. As long as law enforcement professionals have a reason to believe that assets were somehow tied to criminal activities, they have the right to seize them.
If you don’t respond to a forfeiture within 30 days, you’ll lose the right to challenge the seizure. The burden is on you to act and to act fast.
Get in Touch With a Louisiana Criminal Defense Lawyer Right Away
The process of recovering seized property and money can be long and cumbersome. Any mistake will result in a permanent forfeiture that will potentially have life-altering consequences.
Anyone who’s facing criminal charges or whose property has been seized in connection with such needs to get in touch with an experienced Louisiana criminal defense attorney immediately. Call us now at 225-384-5699 and benefit from our extensive criminal defense experience. You’ll benefit from a free consultation that will shed more light on the situation and the challenges you’ll likely face while trying to get your assets back.