Asset Forfeiture And Asset Seizure In Salt Lake City
Asset forfeiture can be brought against a person’s property regardless if that person is charged with a crime. Because there is a lower burden of proof in civil versus criminal cases, it may be easier to convince others that your property was used to commit a crime or is a spoil of crime than it is to charge you directly with a crime. The crime most often alleged to be involved is that of drug possession and distribution.
The Utah Criminal Code § 24-4-102 allows law enforcement to seize all property used to facilitate the commission of a federal or state offense and any proceeds of criminal activity. People who own property on which illegal activity is conducted may have their property seized if the prosecutor can show the property owner was aware of crimes being committed.
Commonly, asset forfeiture occurs through a routine traffic stop. A person will be pulled over and subjected to a search by drug dogs. These dubious search methods and the justification for being pulled over should be questioned by your defense lawyer. The police officer may insist you sign away found cash and other valuables in exchange for their not bringing criminal charges against you.
Levitt Legal, PLLC will combat these tactics and promptly file your answer to the prosecutor’s complaint.
We will also assist you if it is necessary to file a hardship release. You may be temporarily granted your property through a hardship release if losing it would leave you homeless, prevent any person from receiving medical care, prevent the functioning of a legitimate business, prevent the care of an elderly or disabled individual, or prevent a child from attending school.
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