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Civil Forfeiture

Civil-Forfeiture20

Summary

In a civil forfeiture proceeding, prosecutors attempt to force defendants to forfeit property that was obtained from, or used to further, a crime – usually a drug offense. To pursue a civil forfeiture of money or property, a prosecutor need not have formally charged the individual with a crime; indeed, a prosecutor need only possesses probable cause that the individual committed a crime. In such a case, the civil defendant, not the government, is obligated to prove that the money or property targeted was not derived from illegal activities, but obtained through lawful means. Consult with a Boston drug crimes lawyer to devise a way to safeguard your assets.

Using the criminal forfeiture process, the government can seize all the convicted defendant’s assets, including those unrelated to the crime. A Massachusetts attorney with expertise in defending drug charges may be able to assist the defendant in demonstrating he has standing to challenge the seizure and in proving lawful possession of the property. (18 U.S.C. § 981(a)(2)). A defendant demonstrates standing by providing evidence of genuine, vested ownership of the property. After a proper showing of standing, a claimant must prove lawful ownership of the property by demonstrating that he did not participate in any illegal activity and was, indeed, ignorant of the illegal activity of those with whom he did business.

Cambridge Drug Crimes Lawyer Explains Forfeiture Law

Under G.L. c. 94C, §47, prosecutors are empowered to “petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, moneys or other things of value subject to forfeiture. . . .” The Commonwealth usually names the property, rather than the suspected owner, as the “defendant” in the civil proceeding. In fact, the complaint or petition is filed in the court having jurisdiction over the targeted property.

Once the Commonwealth demonstrates to the satisfaction of the particular court that it possesses the required probable cause to initiate the action, any person claiming ownership of the property has the burden of proving that the property is not forfeitable or otherwise traceable to criminal activity, such as drug distribution, including real estate, money, negotiable instruments, and securities used or intended to be used to facilitate any violation of criminal statutes.

Property, whether in the form of money, real estate or motor vehicles, may be targeted for forfeiture if it is:

  • Contraband (i.e., illegal drugs);
  • Used to transport, conceal, or facilitate the manufacture and or distribution of a controlled substance; or,
  • Proceeds of illegal activity, such as illicit drug sales, or purchased with the proceeds of illegal activity.
For a Boston Drug Crimes Lawyer, civil forfeitures can be difficult to defend against. Once the government has made a showing that the money was acquired through selling illegal contraband or the property was purchased with money from illicit drug sales, the burden of proof shifts to the defendant. Proving that the money or property was earned or acquired through lawful means, unconnected to any illicit activity, can be difficult. Retain an experienced Massachusetts Civil Forfeiture Lawyer to assist you in safeguarding your assets.

Kevin J. Mahoney is Cambridge, Massachusetts drug crimes defense lawyer.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Drug Offenses
  • Drug Crimes and Penalties
  • Simple Drug Possession
  • Motion to Suppress
  • Civil Forfeiture
  • Drug Trafficking
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