CIVIL FORFEITURE: CAN THE POLICE TAKE MONEY OR PROPERTY FROM YOU WHEN YOU ARE ARRESTED?

Alabama law gives the police the authority to seize any money or property that they believe are ill gotten gains in a process known as civil forfeiture. Meaning that if the police believe that money or property are the proceeds of illegal activity, state law gives them the right to institute proceedings against that property in an effort to permanently take it. This most often occurs when police find someone in possession of some sort of illegal contraband (like stolen property or drugs) and some significant amount of money. Police take the money under the belief that the money or property is related to or is made from illegal activity.

Under Alabama law, once the money or property has been seized, the State must institute legal proceedings against the property itself. Before the government can keep the money or property that they took from the owner, they must serve the owner of the property with a copy of the complaint against the property itself. Once the owner of the property has been served, that owner has thirty (30) days to file an answer to the complaint. Time is of the essence, because if the owner doesn’t file an answer within the thirty (30) day window, then the State can file for what is known as default judgment. If the State files for default judgment, that means that the Court will enter an order that the owner of the property failed to answer the complaint and awarding the property in question to the State. This is why it is vitally important to retain a lawyer immediately after property has been seized. If the state does not initiate legal proceedings against the property within a reasonable amount of time, then it must be returned to the owner.

Once the owner of the property files an answer a hearing must be conducted before the Circuit Court of the county in which the property was seized. At that hearing, the State can keep the money or property if the judge is reasonably satisfied that the money or property seized is related to a crime. Reasonable satisfaction is a fairly low standard and is the same standard as preponderance of the evidence. Meaning that the judge only needs to believe that it is more likely than not that the money or property is proceeds of illegal activity.

You need a lawyer to represent you at these proceedings to protect your rights to your property, and if necessary, to negotiate on your behalf with the prosecution. The attorneys at Sheffield and Lentine have decades of experience defending our client’s and their property in Jefferson County and across Alabama. We have recovered hundreds of thousands of dollars on behalf of our clients. Feel free to call us now for a consultation.

DISCLAIMER: This article is meant to provide a starting point for discussing these issues with an experienced lawyer. This article does not constitute legal advice, nor does it form an attorney client relationship. No representation is made that the quality of legal services provided is greater than the quality of legal services provided by other lawyers. No representation is made that past outcomes are an indication of future success.