Can Authorities Take Your Property Because of Drug Charges?

Yes, they can do so under the Drug Asset Forfeiture Procedure Act (DAFPA). This law allows law enforcement to take property without warning if they believe it was a location or tool used for illegal drug activities. Seized assets can include money, cars, houses and personal items. DAFPA aims to stop drug offenders from profiting, but it can also greatly affect property owners.

Seizures can happen during arrests, searches or investigations. Property owners might lose their assets suddenly, often without a quick way to get them back. This can be stressful and confusing, especially if you’re not prepared for the legal issues that might follow.

How can you protect your property?

The state must notify you after your property is taken. This notice is important because it helps you understand the reason for the seizure and prepare your response:

• Promptly request a hearing: Ask for a hearing right away to argue that the seizure was unfair and present your evidence. Acting fast is crucial to protect your rights.
• File for exemption: If you did not know about the illegal use of your property or someone else used it without your consent, you might be able to claim an exemption under DAFPA.
• Challenge the state’s evidence: During forfeiture proceedings, the state only needs to show that your property’s involvement in the crime is more likely than not, a lower standard called “preponderance of the evidence.” You can challenge the state’s evidence by showing your proof, like documents, receipts or witness statements, to prove your property was not involved in illegal activities.

An experienced attorney can help you understand the legal process, prepare your defense and represent you in court, increasing your chances of getting your property back.

Act quickly and stay informed

Whether it’s requesting a prompt hearing, challenging the state’s evidence or seeking legal representation, there are ways to fight for your property. Equip yourself with the knowledge and support you need to stand up for your rights.