Questions to Ask DEA Lawyers About Possible Civil Asset Forfeiture

Civil asset forfeiture allows law enforcement to seize assets, like cash or cars, that they suspect are connected to criminal activity. The DEA (Drug Enforcement Administration) commonly uses civil forfeiture when investigating drug crimes.
If the DEA has seized your property through civil forfeiture, you’ll want to consult with a lawyer experienced in these cases. Here are some important questions to ask:

What is the process for contesting the forfeiture?

There is a specific legal process you must follow to try to get your property back. Your lawyer can walk you through the steps, including:
Filing a claim within 35 days of receiving the notice of seizure – This is required to contest the forfeiture.
Posting a cost bond, if required – For forfeitures over $10,000, you may need to post a bond equal to 10% of the asset’s value.
Filing a petition for remission or mitigation – This asks the DEA to return some or all of the seized property.
Going to court – If your petition is denied, you can file a claim in federal court seeking return of your property.

What are common defenses against civil forfeiture?

Some legal defenses your attorney may raise include:
The property was not involved in any illegal activity 1.
You did not know about or consent to the property’s illegal use 2.
The seizure violated your Constitutional rights, like the right against excessive fines 3.
The DEA did not follow proper procedures for the seizure and forfeiture 4.
The forfeiture would cause you extreme hardship 5.

What factors does the DEA consider regarding hardship petitions?

If forfeiture would cause significant hardship, you can file a petition for remission or mitigation. The DEA looks at factors like:
Your culpability and involvement in the alleged crime.
Your financial situation and need for the property.
The property’s value in relation to the offense.
Any hardship to your family or employees.
Any harm to the government if the property is returned.

How can I improve my chances of getting the seized assets back?

Strategies that may help include:
Providing evidence you did not know about or consent to any illegal use.
Demonstrating extreme financial hardship if the assets are forfeited.
Arguing the seizure violates the Excessive Fines Clause of the 8th Amendment.
Showing the DEA did not follow proper procedures and timing requirements.
Negotiating with the prosecutor for return of some assets.

What should I do if I don’t have enough money to pay you?

Ask if they offer payment plans or will work on contingency.
See if they can refer you to legal aid organizations that assist with civil forfeitures.
Inquire about limited-scope representation to lower costs.
Discuss negotiating their fees based on getting some assets returned.

How can you help if the forfeiture is related to a criminal case?

Coordinate with the criminal defense lawyer to develop joint strategies.
File petitions and claims in the forfeiture case while the criminal case proceeds.
Advise on how contesting the forfeiture could impact the criminal case.
Explore staying the forfeiture case pending the criminal case outcome.
Assess options if assets are needed to pay criminal defense costs.

What experience do you have fighting DEA forfeitures?

Look for a lawyer who:
Regularly handles federal forfeiture cases.
Has represented clients in cases involving the DEA.
Understands DEA policies and procedures.
Has succeeded in getting assets returned from the DEA.
Is familiar with courts and judges that hear these cases.
Stays up to date on forfeiture laws and defenses.
Contesting a DEA civil forfeiture can be complex, but an experienced attorney can help you understand your rights and navigate the process. Be sure to ask key questions upfront to assess your options and build the strongest case possible.

References

1
https://www.justice.gov/afp/types-federal-forfeiture
2
https://www.lawyers.com/legal-info/criminal/criminal-law-basics/civil-forfeiture-of-property.html
3
https://ij.org/press-release/supreme-court-rules-excessive-fines-clause-applies-to-states-in-major-win-for-civil-liberties/
4
https://www.justice.gov/criminal-mlars/adoptions-policy
5
https://www.justice.gov/criminal-mlars/remission-mitigation-and-restoration-forfeited-property
https://www.justice.gov/criminal-mlars/remission-mitigation-and-restoration-forfeited-property
https://www.nolo.com/legal-encyclopedia/when-the-innocent-owner-defense-applies-asset-forfeiture.html
https://www.justice.gov/criminal-mlars/remission-mitigation-and-restoration-forfeited-property
https://ij.org/press-release/supreme-court-rules-excessive-fines-clause-applies-to-states-in-major-win-for-civil-liberties/
https://www.justice.gov/criminal-mlars/adoptions-policy
https://www.justice.gov/criminal-mlars/settlements-negotiations-and-mediation-support-litigation
https://www.americanbar.org/groups/legal_services/flh-home/flh-lawyers-essentials-payment-fees/
https://ij.org/activism/legislation/civil-forfeiture-legislative-highlights/
https://www.americanbar.org/groups/delivery_legal_services/initiatives_awards/program_main/
https://www.nolo.com/legal-encyclopedia/when-criminal-defendant-faces-civil-forfeiture.html
https://www.justice.gov/criminal-mlars/stay-civil-forfeiture-case
https://www.justice.gov/criminal-mlars/using-administrative-forfeiture-authority-seize-property-needed-pay-legitimate-criminal
https://www.nolo.com/legal-encyclopedia/tips-hiring-lawyer-asset-forfeiture-case.html