If no charges are pending against you, can the police assume half of your funds in the bank aredrug related and seize it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If no charges are pending against you, can the police assume half of your funds in the bank aredrug related and seize it?
Asked on September 15, 2010 under Criminal Law, Michigan
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The general rule is that there is something called "asset forfeiture", which the state, not the police, can use to seize funds or assets when they believe that they were either purchased with, or from the proceeds of, illegal activity. Asset forfeiture is generally a civil remedy, and can be challenged by the person who is the subject of the forfeiture in court. Your first step in determining the validity of any seizure is to determine the basis that they were seized upon. In other words, what authority are the police/state claiming to justify the seizure? They will have to provide some notice of that. Once you have determined the basis, you can consult with a local criminal defense attorney to discuss the matter in greater detail.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.