![]() 9-15.000 - International Extradition And Related Matters.9-14.000 - Procedure for Disposal of Seized Evidence in Closed Criminal Cases.9-6.000 - Release And Detention Pending Judicial Proceedings.9-5.000 - Issues Related To Discovery, Trials, And Other Proceedings.9-3.000 - Organization Of The Criminal Division. ![]() ![]() ![]() Attorney In Criminal Division Matters/Prior Approvals 9-1.000 - Department Of Justice Policy And Responsibilities.If you have had your property seized, we encourage you to contact us at 61 to speak with an attorney. Given the broad power that law enforcement has to seize valuable assets and given that the seizure may indicate that the owner is under investigation by law enforcement, it is important for people who have been subject to seizure to obtain counsel. In the case of civil forfeiture, we will represent clients who wish to recover their property in forfeiture proceedings. We have successfully negotiated to reduce the amount of money or property that our clients have had to forfeit. We have represented a number of defendants who face criminal forfeiture as part of their criminal case. We represent individuals who might face either criminal or civil forfeiture proceedings. Many other states and the federal government have similarly skewed incentive structures. Massachusetts’ law also gives law enforcement a big incentive to seize property: law enforcement keeps half of the proceeds, and the prosecutor’s office takes the other half ( earning Massachusetts an “F” grade from the Institute for Justice for its forfeiture laws). This is called “civil forfeiture.” The laws tend to create a low bar for law enforcement to exercise their authority to conduct a civil forfeiture-to seize property, they only have to be able to articulate a reasonable basis for their belief that the property was involved in criminal activity. If law enforcement believes that property was involved in, or obtained because of, a crime, it can seize the property even if no criminal charges have been brought against the owner. Unfortunately, under state law and some federal laws, law enforcement often does not have to wait until someone is convicted to try to seize that person’s property. In a criminal forfeiture, the court considers seizure to be part of the punishment. That means that they could seize, for example, property that was stolen or money that someone earned selling drugs or property that someone purchased using money that was earned selling drugs or car that was used to transport drugs. When a defendant is convicted of certain classes of crimes-including theft or robbery, fraud, money laundering, drug offenses, and some immigration law offenses-the court can order the seizure of property that was unlawfully obtained, that was used to facilitate the crime, or that was obtained using proceeds from illegal activity. It occurs only after a person has been convicted of a crime and is part of the sentencing process. The first is known as criminal forfeiture. We can help individuals navigate these complicated laws and assist individuals who want to keep or recover their property. A number of state and federal forfeiture laws allow law enforcement or the courts to seize money, belongings, and other assets. We represent individuals who are threatened with the forfeiture of their assets, either by law enforcement during a criminal investigation, or which the government wants to have forfeit in connection with a criminal case.
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