How to Choose an Asset Forfeiture Defense Attorney
Having your assets seized by the government can be a scary and overwhelming experience. Thankfully, you have rights under the law and can fight back. Choosing the right asset forfeiture defense attorney is crucial for successfully challenging improper seizures and getting your property returned.
This guide will walk you through everything you need to know about finding the best lawyer for your asset forfeiture case. We’ll cover how the process works, what to look for in an attorney, questions to ask during consultations, and more. With the right legal help, you can protect your rights and work to take back what’s yours.
Understanding Asset Forfeiture
First, let’s review what asset forfeiture is. Asset forfeiture (also called civil asset forfeiture) is when the government seizes property connected to criminal activity. This could include cash, cars, homes, or any valuables. Police and prosecutors don’t need to charge or convict someone of a crime first. The legal case is against the property itself, not the owner.
The government argues the assets have a link to criminal conduct, like drug trafficking or money laundering. But many innocent people have also gotten caught up in forfeitures. That’s why hiring a knowledgeable attorney is so important for fighting back.
Finding Asset Forfeiture Defense Lawyers
When starting your search, look for lawyers who specialize in asset forfeiture defense. Don’t rely on a real estate or corporate attorney. You want someone well-versed in civil asset forfeiture laws and cases.
Search online for attorneys in your state focusing on forfeiture defense. Look for lawyer directories like Nolo or Lawyers.com. You can filter by location and practice area. The Institute for Justice and ACLU also have resources on defense attorneys. Don’t limit yourself to your own city either. Many lawyers work on forfeiture cases across a whole state.
Ask friends for recommendations too. Or reach out to criminal defense attorneys, even if they don’t handle forfeitures. They often have trusted contacts to refer you to. Take time making a list of potential lawyers to interview.
Questions to Ask During Initial Consultations
Once you’ve identified candidates, set up consultations. Many attorneys offer free initial consultations. This is your chance to interview them and find the best fit. Come prepared with questions like:
- How long have you practiced asset forfeiture defense specifically?
- How many of these cases have you handled and what were the outcomes?
- Are you familiar with the prosecutors and agencies involved in my case?
- What will your legal strategy be for fighting my seizure?
- What are the steps in the forfeiture litigation process?
- What are possible settlement options?
- How much do you estimate attorney fees and other costs will total?
Take notes during the consultations so you can compare later. Don’t feel rushed into a decision. Take time to weigh all the options first.
Warning Signs of a Bad Attorney
Some lawyers won’t have the skills to take on your asset forfeiture defense. Watch for these red flags during consultations:
- They can’t thoroughly explain the forfeiture process.
- They make unrealistic promises about getting all your assets back.
- They push you to settle without hearing your full case.
- They don’t ask detailed questions about your situation.
- They can’t provide examples of successful forfeiture cases they’ve handled.
Any of these signs indicates the lawyer probably lacks expertise in this area. Keep looking for someone more qualified.
Qualities of a Strong Asset Forfeiture Attorney
On the other hand, the best forfeiture defense lawyer will have these traits:
- Extensive experience – They have represented many clients in asset forfeiture litigation over 5+ years.
- Strong track record – They have a proven history of favorable settlements and case outcomes.
- Knowledge of the law – They stay up-to-date on changes to forfeiture statutes, case law, and enforcement policies.
- Good reputation – They are respected by peers and judges familiar with their work.
- Clear communication – They explain the law and strategy in simple terms you understand.
- Dedication to clients – They are available, responsive, and make you feel supported throughout the case.
Don’t compromise by hiring an inexperienced or indifferent lawyer. Find someone who instills confidence they can win your case.
Comparing Asset Forfeiture Lawyers
Use a spreadsheet to compare factors across the candidates you interviewed, including:
- Years of asset forfeiture defense experience
- Case results and win rate
- Familiarity with your case details
- Communication style
- Overall responsiveness
- Fees and billing practices
- Staff and resources
- Professionalism
- Reputation
Pay close attention to experience, fees, and responsiveness. But also consider the lawyer’s personality. You want someone you feel comfortable with and can trust.
Understanding Asset Forfeiture Defense Fees
Attorney fees vary widely for asset forfeiture cases. On average, expect to pay $3,000-$5,000 in legal fees. But costs can easily exceed $10,000 for extensive litigation. Get fee estimates upfront so you can budget accordingly. Also ask:
- What does your retainer fee cover?
- How much are your hourly rates if the retainer runs out?
- When is payment due – upfront, monthly, upon settlement?
- Could any portion of my fees be reimbursed if we win?
Some lawyers offer flat fees. Others bill by the hour. Contingency fees (based on a percentage of winnings) are rare in forfeiture cases. Know the lawyer’s fee structure before signing a retainer agreement.
Next Steps After Hiring a Lawyer
Once you’ve chosen the best asset forfeiture defense attorney for your needs, what comes next? Your lawyer will:
- Review your case and evidence thoroughly
- Determine the strongest legal arguments
- File a claim contesting the seizure
- Represent you in settlement negotiations
- Take your case to trial if necessary
With an experienced attorney on your side, you can have hope. Asset forfeiture abuse gets overturned when people stand up for their rights. Let your lawyer handle the complex legal process while you focus on the rest of your life.
Fighting Back Against Wrongful Property Seizures
Losing your assets to forfeiture can seem daunting. But legal help levels the playing field. Do your research to find the best forfeiture defense lawyer for your needs. Vet candidates thoroughly and ask lots of questions. An experienced attorney can protect your rights and work to get your wrongfully seized property back where it belongs.
Thanks for reading! I hope this guide gives you a starting point for choosing a knowledgeable lawyer to fight improper asset forfeitures. Let me know if you have any other questions.
Sources
https://www.nolo.com/legal-encyclopedia/how-contest-asset-forfeiture.html
https://www.justice.gov/afp/types-federal-forfeiture
https://ij.org/activism/legislation/civil-forfeiture-legislative-highlights/
https://www.aclu.org/issues/criminal-law-reform/reforming-police/asset-forfeiture-abuse