People facing drug charges are often primarily concerned about possible criminal penalties in the event of a conviction. They don’t want to go to jail or live with a criminal record. They retain a criminal defense lawyer to evaluate the state’s case, suppress evidence and fight the charges they face.
However, the defendant faces more than one source of legal risk. The state may attack on two separate fronts. In addition to pursuing criminal charges, the state may seek to seize resources associated with the production or distribution of drugs. They can also seize assets acquired with revenue from illicit drug activity.
Defendants facing drug charges may need help responding to attempts to seize their property in addition to fighting the charges they’re facing.
Convictions aren’t necessary for asset forfeiture
Both federal and state statutes allow law enforcement agencies to seize resources related to drug trafficking or manufacturing. In fact, both federal drug statutes and Florida civil asset forfeiture laws potentially allow law enforcement agencies to seize private property even if an individual never gets convicted of a drug offense.
Civil asset forfeiture proceedings are separate from criminal charges. The state faces a much lower evidentiary burden when seizing property. Instead of proving beyond a reasonable doubt that the assets related to drug trade in some meaningful way, the state only needs to validate that a preponderance of the evidence supports the presumption that people used assets for drug-related criminal activity or acquired those assets with the revenue generated through drug-related crime.
Defendants preparing for a criminal case may also need to discuss the risk of the state seizing their vehicle, home, business equipment or cash as part of civil asset forfeiture proceedings. Police officers may have seized certain assets at the time of their arrest. Even if they defeat their criminal charges or the state dismisses the charges against them, they may still need to go to court to seek the return of their resources and prevent the permanent forfeiture of valuable property.
Those facing multiple legal consequences of pending drug charges need the assistance of an experienced criminal defense attorney. Consulting with a lawyer can help those facing civil asset forfeiture due to pending drug charges protect their resources, and can fight to protect their freedom.